Terms of Services
Updated on: 1st of May 2021
Definitions
In these Terms of Service (TOS), the following terms are used with their definition as stated below:
Account: The Member’s dedicated personal area within the Application, which they can access upon registering successfully, and interact with Application. It enables the Member to access the Services. A Member can only have one Account.
Application: The VEGANLAND application, available on the Apple App Store and the Google Play Store.
Discover: A view of Members connected to Veganland the most recently and fit the selected age range of interest.
Like: An action embodied in the heart and articulating interest. The function is confidential, and no notification is sent except when the “Like” is reciprocated.
Match: An event generated between two profiles and triggered by a Like on both profiles. It signifies common interest and sends out a “You have a Match” notification, allowing Members to start a dialogue.
Member: A person registered with the Application
Messages: Members with Match can use the Application’s “Chat” function to send each other Messages. It also can be use in exchange for “Seeds”.
Slide left: An action stating a lack of interest. This function is private, and no notification is sent. “Swiped left” profiles will not appear on the Member’s timeline in the future, but could, however, be found again in the Discover.
Slide right: An action stating interest. This function is private, and a notification is sent only when there’s a Match.
Premium Member: A Member who has subscribed on VEGANLAND Premium
Seeds: Unit of credit that can be purchased and used in the Application to unlock certain features.
Services: All services offered by VEGANLAND for free or subscription to encourage virtual or real-life meet-ups between Members with a mutual interest in each other or identified using a specified search method.
Travel: Feature that allows Premium Members to locate themselves in any other place other than their current location in order to discover people near to that specific area.
VEGANLAND: Name of the Application and trademark, representing the company Vegan Tomorrow.
VEGANLAND Premium: All charged Services offered by VEGANLAND in the form of a subscription for the duration determined by the Member.
Vegan Tomorrow: French company (Société par Actions Simplifiée) with paid-in capital of 175,000 € registered at the Bordeaux R.C.S. (trade and companies registry) under no. 887 711 307, owner and sole operator of the VEGANLAND application and trademark.
TOS: Refers to these Terms of Service.
Article 1: Scope
The Terms of Service (TOS) outlines the rights and responsibilities of the parties using the Application. It establishes the foundation of the legal agreement between the client and VEGANLAND.
1.1 Contradictory Policies
The TOS provides the base policies and procedures for using the Application. These policies and procedures are complemented by Privacy Policy and Cookies Use Policy to give the user a clear direction on how to use the Application. In case of any contradiction between the policies that render the guidelines incomprehensible, irregular, and/or implausible, these TOS shall supersede the Privacy Policy and Cookies Use Policy.
1.2 Updates
VEGANLAND reserves the right to modify or change the TOS at any time as deems appropriate or terminate the services without consent of the Member or any third party.
In case of any amendment, the Member shall be notified of such changes by Application or mailed through the email address of the Member. The Member has a responsibility to ensure the mailing address is accurate.
The Member is advised to read the updated TOS carefully and understand all the new changes resulting from the updates.
The continued use of the Application’s serve after the updates implies the Members agree to be bound by the new TOS and shall be bound by new terms and conditions.
The Member is free to terminate the service and close the Account at any time in case they disagree with the new TOS as stipulated in Article 13.3.
1.3 Immediate Effect
The new TOS shall apply to all active Members immediately from the date they are introduced.
Article 2: Governing Law and Dispute Resolution
2.1 Governing Law
The French law shall exclusively administer these TOS, and no other conflicting rule shall override the law.
2.2 Dispute Resolution
The Member accepts to inform VEGANLAND of any dispute by directly writing an email or letter using the email or postal address provided in article 14 in this document before executing any legal action to try and find a harmonious solution to the dispute whenever issues arise.
Should the dispute resolution mechanism fail to achieve a lasting solution, the Member shall be notified to use the mediation process at no cost and present the issue to the Online Dispute Resolution recommended by the European Commission for mediation, which is accessible via this link; http://ec.europa.eu/consumers/odr/.
All issues relating to the establishment, interpretation, performance, or expiry of these TOS that could not be solved vial dispute resolution process effectively shall be handled by the courts of Bordeaux (France).
Article 3: Registration
3.1 Application Download Options
The free Application is available for download from Google Play Store or Apple App Store, which are the official download platforms, on Android Smartphones running version 5 or higher, and iPhones running version iOS 10 or higher.
3.2 Member’s Rights when Registering
Upon fulfilment of all conditions for Member usability of the Application, the VEGANLAND shall assign the Member a personal Account, which shall include the following;
• A profile page
• An inbox
• A “notifications” option
A Member cannot be allowed to have more than one Account.
3.3 Member’s Obligations when registering for the Account
Eligible Member must be aged 18 years and above at the time of registering for an Account, must provide accurate and up-to-date information.
The method of registering for the service is by a cell phone number. This method does not offer automatic retrieval of Member’s personal information, but instead, the Member should personally provide the required details including first name, gender, age, or date of birth as well as two personal photos and any other relevant information at the time of registration.
By registering for the App services, the Member agrees to TOS and the Privacy Policy and commits to fulfilling their obligations.
Article 4: Services and Features
4.1 Purpose of the Service
VEGANLAND offers a user-friendly interface that can allow Members to interact with each other and create virtual or real-life meetings to serve personal interests. All Members can interact with their colleagues freely according to the TOS and in compliance with the laws.
The Services do not substitute or compete with the services offered by counselling or marriage bureau service in any way. The main purpose of this Application is to enable Members with common interests to organize virtual or real-life meetings is based on their locations and diet preferences. Vegans or vegetarians, anyone who is interested directly or not in the subject is welcome.
4.2 Services for Members
Provided the members agree to comply with these TOS and apart from connection and telecommunication fees, most of the VEGANLAND services are available to the Members at no cost including:
• Accessing recommended profiles.
• Completing his or her profile per the TOS.
• Configuring his or her search criteria.
• Confidentially blocking all Members whose behavior justifies such an action.
• Confidentially reporting all Members whose conduct violates TOS or applicable law.
• Inviting friends
• Sending of confidential likes.
• Receiving notifications.
• Sending of Messages when someone has a Match.
• Viewing of other Members’ profiles.
• Viewing the last person connected.
Article 7.1 establishes conditions for the use of Application services and ensures charged services are only available to the Member after purchasing Seeds or VEGANLAND Premium Subscriptions.
Article 5: Protection of Personal Data
VEGANLAND has great respect for your privacy and takes all necessary measures to protect your data from any unauthorized party or use. We advise all Members to examine all our Privacy Policy carefully to gain an insight into how to process and use your data, by clicking on the “Privacy Policy” link on the Application.
Article 6: Obligations and Liability of VEGANLAND
6.1 Technical Resources and Security
VEGANLAND is committed to offering infrastructure and technical resources to provide Members with iPhone device running an operating system version iOS 10 or higher and an Android Smartphone running version 5 or higher with high-quality services.
VEGANLAND shall not be liable for issues relating to how Members operate the device or any compatibility problem between the device and Application.
The VEGANLAND does not accept liability caused by failure, interruptions or poor connection of Member’s internet provider Services, or for other factors not in the control of VEGANLAND which might undermine access to the services or cause of adverse effect on access to services offered by the VEGANLAND.
VEGANLAND shall take all necessary measures to protect its Members from potential risks relating to spam messages or suspicious messages claiming to originate from the VEGANLAND. Members should exercise due diligence and exercise all necessary caution to avoid or minimize the risk of falling victims of scams and suspicious activities and inform VEGANLAND by sending a message or an email to the address indicated in Article 14 hereof.
6.2 Illegal Conduct
The VEGANLAND and its partners shall not be responsible for unauthorized conducts of the Members that may attract criminal liability including but not limited to, the following:Any form of violation of intellectual property right of third-party,
• Any form of scam,
• Any business or professional activities,
• Any breach of personal rights, including image rights and right to privacy,
• Prostitution,
• Theft of identity.
6.3 Reporting Moderation System
Under Article 6.I-7 of the French Trust in the Digital Economy Act of June 21, 2004, and as a provider of hosting services, VEGANLAND has no legal power to monitor the content shared or stored by the Members via the Application.
However, under Article 6.I-3 of the guidelines, VEGANLAND must establish a reporting moderation system enabling Members to report any illicit, offensive, and harmful content.
The VEGANLAND is committed to removing such contents promptly upon notification and after due confirmation by the Customer Service.
The knowledge of illegal content is considered effective under Article 6.I-5 of the French Trust in the Digital Economy Act the moment the hosting provider is alerted of the following:
• The date of reporting
• The identity person responsible for transmitting the content
• The details of the disputed facts (when possible the content should be accompanied by a screenshot)
• A explanation of why the content must be removed from the Application.
In this purpose, VEGANLAND has created a reporting moderation system Article 6.I-7 of the French Trust in the Digital Economy Act that empower users of the App to any illicit or offensive contents relating to an apology for and incitement to terrorism, apology for crimes against humanity, incitement to racial prejudice, incitement to hatred on based on gender, incitement to violence against women and violation of human dignity, sexual orientation or handicap and child pornography.
VEGANLAND’s team is strictly committed to the reporting procedure of all abusive or illegal content on the Application according to the established professional ethics or acceptable social standards and refuses to associate with Members engaging in unlawful, abusive, violent, insulting and/or discriminatory acts.
When a member transmits illegal content on the Application and the Customer Service is notified about it, they can suspend or terminate the Account of the Member responsible in accordance with guidelines issued under Article 13.4. The decision to terminate or suspend Members Account must be supported by the evidence provided by the reporter to ensure the VEGANLAND is in compliance with the legal mandate to prevent sharing or publication of abusive or offensive content.
The Member responsible for publishing the offensive or illegal content shall be notified of the decision to suspend or terminate their Account through email and/or Application addresses provided on the Application. However, the transmitter has no right to be informed about the identity of the reporter of the illegal content.
Besides this reporting system, Members have the right to block other Members to prevent any conversation or engagement with that Member in case one feels the conduct or behaviour of that Member violates the rules of etiquette. This prevents any mutual exchange of messages, likes, or other activities relating to previous or future messages or conversations or ensures. Members are notified about the presence of a Member who has been blocked from the App for transmitting illegal content, especially when Members have a reason to believe the activities of the blocked Members will infringe their rights of using the Application. The action of Members to determine whom to interact or not interact with on the Application is confidential, and VEGANLAND does not share such actions with other Members. The Member can decide when to block or unblock other members easily and at no cost.
However, in case a reported content is published, and such content seems to violate the rules or regulations, the affected Member(s) is encouraged to pursue justice by presenting their claims to the police or other relevant authorities.
The VEGANLAND’s reporting system is not intended to substitute the complaint, and judicial procedure in any way against a Member prepared the reported content.
Any unfair reporting of a Member will be considered as an abuse of the community moderation system and treated as a breach of these TOS, and penalties shall be imposed on the Member responsible for unfair reporting, including termination or suspension of the Account in compliance with Article 13.4 of the TOS. Also, the Member guilty of abuse of community moderation system may be liable for payment of damages to the victim as stipulated under Article 6.I-4 of the French Trust in the Digital Economy Act or even legal proceedings.
6.4 Duty of Caution
The Members are requested to exercise caution when arranging for meet-ups with strangers they have only known via the Application. VEGANLAND shall not take any responsibility for any problem or damages that may ensue from the real-life meet-up between Members who had met virtually on the Application.
6.5 Group Events
Members are not authorized to use VEGANLAND Services to plan or arrange group meetings, and such activities contravene policies and amount to an abuse of the system. The members are strictly prohibited from using the App to plan or arrange protests, and are such activities take place. The VEGANLAND shall not be responsible held Accountable in the case of a public order offense or any damages that may occur concerning such meetings.
Article 7: Charged Services
7.1 Purchase of Seeds and VEGANLAND Premium Subscriptions
It is not possible to purchase Seeds individually. Seeds are open for purchase in Packs of multiple Seeds, at prices stated in authorized download platforms such as Apple App Store and the Google Play Store.
Members shall receive a free Pack of Seeds at the time of registering with the Application.
Members can sign up for a VEGANLAND Premium subscription at any time.
In addition to free services, Premium Members have access to additional services reserved for subscribers only.
Subscribers are allowed access to VEGANLAND Premium services for a duration, which is commensurate with the length of their subscription.
7.2 Payment Terms
The payment for subscribed services is due for the entire period of subscription at the time the Member completes the VEGANLAND Premium contract.
The Apple App or Google Play Store is responsible for processing and managing payment depending on the device the Member is using.
VEGANLAND plays no direct role in the processing and management of the payment exchange rate or transfer relating to subscriptions or nay possible fees inherent in these activities.
Subsequently, the Apple App Store and Google Play Store are solely responsible for their procedures and payment terms relating to these services.
Members should contact the relevant stores for any issues relating to payment, including reimbursement of the purchase.
The Apple or Google is responsible for collecting and processing payment details of the subscriber including the banking details and as such the VEGANLAND is not involved in collection or processing of Members banking details and may not be held liable for any issues relating to personal banking details because it has no control over banking details of the Member.
7.3 Terms of the Contract and Renewal of the VEGANLAND Premium Subscription
The contract for access to VEGANLAND Premium takes effect legally between the VEGANLAND and Member immediately when the Member signs-up for the services and lapses at the end of the period.
The subscription for premium services shall be renewed automatically for a similar time after the expiry of the subscribed duration unless the Member opts to cancel automatic renewal of subscriptions via the respective Apple App Store or Google Play Store using the features that allow subscribers to revoke the payment within 24 hours before the expiry of the previous subscription.
Upon receipt of the payment made automatically to the Store, VEGANLAND approves the purchase and updates the Account by allowing the Member to access VEGANLAND Premium for a period conforming to the amount paid.
The Member can deactivate the default “automatic renewal” feature in his store settings to stop the automatic renewal services in the future after the expiry of the current subscription.
7.4 Withdrawal Rights
All payments are processed and managed exclusively by the Apple App Store or the Google Play Store, as stated in article 7.2 of these TOS. So, any right of withdrawal, where applicable, must be exercised directly through the App Store or Google Play.
Any Member intending to exercise the right to withdrawal where applicable must, therefore, inform the Apple App Store or the Google Play Store depending on the type of device they used to pay for the subscription.
For Google Store: To access the terms and conditions for exercising your right to withdrawal from Google Play and the model form, follow the instructions that appear in the following link:
For the Apple Store: The Member must inform the Apple Store of their intention to exercise the right to withdrawal by filling the form provided by Apple Distribution International and sending it to the following address: Apple Distribution International, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland.
The form and terms and conditions for exercising your right to withdrawal from the App Store are accessible by clicking on the following link:
https://www.apple.com/legal/internet-services/itunes/fr/terms.html
7.5 Premature Termination of the Contract by the Member or by VEGANLAND
VEGANLAND reserves the right to terminate the contract, with immediate effect and without prejudice in the event of a breach of the TOS or a legal provision by the Member. The VEGANLAND is not required to justify its decision to terminate to the Member.
In all cases, no reimbursement will be made if The Member is not entitled to reimbursement whatsoever relating VEGANLAND Premium subscription after the termination of the services following the breach of the law or TOS.
Article 8: Scope of the Offer
8.1 Seeds Validity Period
VEGANLAND Seeds, whether those purchased or offered for free to Members, are useful only for the period when Account is active and subject to TOS. In case of premature termination of the Account under Article 13.3, 13.4 or 13.5 hereafter, and the Seeds remaining in the Account shall be deleted permanently from the Account without the option for compensating the Member.
The Member cannot recover the Seeds in the terminated Account by re-registering the Account or opening a new Account.
VEGANLAND may give Seeds to Members as part of its loyalty program or concerning a special occasion.
8.2 Cumulative Offers
Packs of Seeds are cumulative. The number of Seeds in each Pack purchased shall be added automatically to the Seeds already existing in Member’s Account.
Packs of Seeds are also cumulative with subscriptions; hence they give Members an advantage of more features than those who only have Premium access.
Article 9: Communication with the Member
9.1 Push Notifications
The Application may send a push message to notify the Member of important events, including but not limited to:
• A Match of with another Member,
• A Message from another Member,
• A Message from VEGANLAND relating to the Member’s Account and/or Services.
The Member is at liberty to adjust their push notification preferences using features in the Account settings.
9.2 Newsletter
The Member is eligible to get a newsletter from VEGANLAND upon registration with the Application. The Member can decide not to receive such a newsletter any time by unsubscribing from the services by clicking on the “unsubscribe” link provided in the newsletter and/or by exercising their right of refusal by sending an email to the address provided in Article 14 of the TOS.
9.3 Advertising and Promotional Messages
VEGANLAND reserves the right to post advertising and promotional messages from advertisers or any other partner within the scope of execution of the contract and through the Application.
Article 10: Inviting Friends
VEGANLAND allows its Members to invite friends to join the Application as part of increasing the network and chances of meeting someone they would like to date. VEGANLAND rewards members for inviting new users by giving them free seeds.
Sponsorship by Members is restricted to a small circle of friends, relatives known, to the Member in real life interested in veganism. Therefore, group recommendations for new users outside the scope of close friends and relatives are forbidden.
Article 11: License
The VEGANLAND gives Members usage rights of the services restricted to private and personal use. Members intending to use the Application for other purposes other than the one for which is issued must obtain the express and written authorization from VEGANLAND’s in advance.
The Member grants VEGANLAND and its partners a free-of-charge, unrestricted, international and permanent license for the use, replication, demonstration, adjustment, and interpretation of any basic intellectual property-related element (including text, photos, videos, etc.) that it may offer through the Application for the unrestricted goals of communicating with other Members. VEGANLAND shall use this license in a manner that conforms with copyrights and consideration of the privacy rights that safeguards personal data of the user, ensure a true representation of nature of the Member’s profile, and, therefore, in protection with the user profile. This license allows VEGANLAND to ensure the compatibility of these elements with its technical performance or the required media setups. These rights are not restricted to specific geographical locations and apply throughout the performance of TOS between the Member and VEGANLAND.
The Member reserves the right to the ownership of any content and personal data they share on the Application throughout the membership period.
The Member shall take responsibility for any violation of a third party’s intellectual property rights without harming the VEGANLAND. The Member shall hold VEGANLAND harmless against any legal claims or damages which may result from it including, but not limited to, demands for reimbursement.
Article 12: Counterfeiting, Unfair Competition, and Parasitism
It is illegal to design a product similar to the Application or to create a derivative, an imitation, or any other act of unfair competition. VEGANLAND reserves the right to obtain compensation from the Member for the injury caused by the Member.
Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, issue, or commercially exploit in any other way or to make available the Services or Application to a third party shall risk serious legal consequences.
Article 13: Termination
3.1 Deactivation of the Account by the Member
The Member may deactivate their Account of the Application any time without notice if they do not wish to continue sharing their details on the Application.
Upon the deactivation of the profile:
• The Member’s profile shall cease to appear to other Members both in the past, present and future.
• The legal obligation to retain data shall remain unchanged
• The details held in the Application shall be reallocated to the profile and made visible again upon reactivation of an Account that was terminated within the year.
13.2 Uninstallation of the Application by the Member
The Member is free to uninstall the Application from their cell phone at any time without notice. Upon uninstalling the Application successfully, the Member shall have no further access to the Application unless they decide to reinstall the Application.
After uninstallation of the Application:
• The Member’s profile becomes invisible to other members, both past, present, and future.
• The legal obligation for data retention remains unchanged
• The profile details of the Account reactivated within two years after the closure of the Account shall be reallocated to the Member’s profile and become visible to other members again.
However, before uninstalling the Application, it is recommended for the Member to log out of the Application first.
13.3 Closure of the Account by the Member
The Member may opt to close the Account permanently at any time and without notice by using the following methods:
The Member can intentionally delete their details from the Application by going to the Settings of the Application> My data > Delete my Account.
They send a request letter or email to VEGANLAND, via the postal address and email address provided in Article 16 hereof.
Upon following these procedures, the Member’s profile will be permanently deleted, including the unused Seeds in their Account.
The Premium Member wishing to delete his or her Account can contact the Apple App Store or Google Play Store to end their right to access VEGANLAND Premium.
The Member can regain their rights to access the VEGANLAND Premium at any time after terminating the Account by registering under the same terms and conditions as the initial registration.
Once the Account has been deleted:
• The Member’s profile shall become unavailable for other Members.
• The VEGANLAND shall retain Member’s data for one year effective from the date the Account was deleted as regards, in particular, the legal obligations incumbent upon VEGANLAND in accordance with the terms set out by Article 9 of the Privacy Policy and shall be permanently deleted thereafter.
• The Seeds balance in the Account is lost permanently on the day the Account is deleted without the possibility of ever recovering the Seeds in the future.
The Member has no option of recovering the old Account.
13.4 Suspension/Termination of the Account by VEGANLAND in case of breach of TOS
The VEGANLAND reserves the right to suspend and even terminate the Account of a Member at any time following the Member’s breach of TOS as a precautionary measure to safeguard the Application.
VEGANLAND reserves the right to suspend a Member’s Account for as long as necessary to allow VEGANLAND’s customer service team time to carry out investigations necessary following the report as required by Article 6.3 hereof or in case of presumed breach of TOS which may be remediated.
The VEGANLAND shall notify the Member whose Account has been suspended of the decision by way of a notification on the Application and/or by email. The Member is requested to contact VEGANLAND customer service by email for further clarification on the reasons for the suspension and provide explanations or give evidence that the breach has been redressed.
If the Member of suspended Account fails to contact the VEGANLAND customer service, within 30 days following the notification of the Account suspension, or if the evidence provided by the Member did not help to remedy the breach, the VEGANLAND is entitled to inform the Member of the termination of the Member’s Account via the Application and/or email and specify the period the Member cannot register for a new account in the Application. Unless indicated otherwise, the duration of such removal is usually one year from the notification of termination of the Account.
Upon termination of the Account:
• The Member’s profile becomes invisible to other Members;
• The Member ultimately loses any Seeds remaining in the Member’s Account on the day of termination of the Account without any option for reimbursement.
• The Member is prohibited from creating another Account for a maximum one-year period from the day of notification of the Account termination.
13.5 Termination of Inactive Accounts by VEGANLAND
VEGANLAND will delete inactive Accounts, as stated below.
An Account is rendered inactive if, after a continuous period of two years, both of the following conditions are met:
• The Member’s App could not establish contact with VEGANLAND’s servers (for various reasons including of the disabling geolocation procedure); and
• The Member has not used the Application. In any instance, the Account of a Premium Member is not considered inactive.
The Member is notified of the deletion of their Account subject to prior notice of 15 days, by email sent to the address given in the Application.
The Member may renew his or her Account during the period of notice, which consequently results in the termination of the procedure. All data from the Member’s profile will then be preserved.
The VEGANLAND shall automatically delete the Account at the end of the period of notice and in the absence of a contrary intention expressed by the Member.
Once the Account has been deleted:
• The Member’s profile becomes invisible to other Members.
• The VEGANLAND shall retain Member’s data for one year as of this date, as regards, in particular, the legal obligations incumbent upon in accordance with the terms set out by the Privacy Policy and shall be permanently deleted thereafter.
• The Seeds available in the Member’s Account on the day of termination of the Account shall be definitively deleted with no option of claiming for reimbursement.
The Member will not have the option to reactivate or request for reactivation of the old Account.
Article 14: Contact
VEGANLAND may be contacted by mail at Vegan Tomorrow, 87 Quai des Queyries, 33100 Bordeaux (France).
Members can also contact VEGANLAND by email at the following address: hello [@] veganland.io