Terms and Conditions
Updated: 01/09/23
The purpose of these general terms and conditions is to define the terms and conditions for the provision of services (hereinafter referred to as the "Services") accessible on the www.heypongo.com website directly from an Internet browser, and to define the rights and obligations of the parties in this context. This Service is offered by Hey Pongo, a société par actions simplifiée (simplified joint-stock company) registered in Paris under RCS number 832 486 765 with capital of €2,602.45, located at 5, Avenue du Général de Gaulle 94160 Saint-Mandé, hereinafter referred to as "Pongo". The member undertakes to read and accept these terms and conditions without reservation when using the services for the first time at one of its retailers.
The Services are accessible :
Any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Services with the consent of their legal representative.
Any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity. Services are free of charge for members.
Acceptance of these terms and conditions is evidenced by manual validation by end customers on the tablet when they first use the services. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Any Member who does not agree to be bound by the present terms and conditions must not access the Services.
4.1 To use the Services, the user must register on the tablet. To do so, he/she must enter his/her telephone number and certify that he/she has read and accepted the present general terms and conditions of use, and whether or not he/she agrees to receive commercial messages from Pongo or its Partners. Once validated, the customer becomes a Member.
4.2 The Member warrants that all information provided in the registration form is accurate, up-to-date and truthful, and is not misleading. The Member certifies that he/she is over 18 years of age at the time of registration, or that he/she is acting as the legal representative of a minor under 18 years of age. The Member is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the Member is binding upon validation. Pongo shall in no event be held liable for any erroneous or fraudulent information provided by the Member.
4.3 The Member may ask Pongo at any time to access his or her personal data at the following address: contact@heypongo.com. The Member undertakes to use the Services personally and not to allow any third party to use them in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so. He/she is likewise responsible for maintaining the confidentiality of his/her login. Any use of the Services made with the Member's login shall be deemed to have been made by the Member, and the Member shall therefore remain solely responsible for such use. The Member must immediately contact Pongo using the contact details provided if he/she notices that his/her Account has been used without his/her knowledge. The Member acknowledges Pongo's right to take all appropriate measures in such a case.
The Pongo program enables its Members to accumulate loyalty points, giving them access to rewards offered by merchant customers as part of their respective loyalty programs.
Rewards and the number of points required to earn them are defined in advance by each Pongo partner merchant customer, who can modify the scale as he sees fit, as long as he informs members of the change at least 10 days beforehand, within his establishment.
The Member is able to obtain loyalty points on condition that he/she is identified on the Pongo tablet provided by the Pongo partner retailer using his/her telephone number.
The merchant client undertakes to offer rewards that are not contrary to public order and morality and to which a Member may reasonably aspire in view of the number of points accumulated.
Members may request the conversion of their points at any time, and thus obtain the rewards offered by the merchant customer according to the loyalty program determined by the latter, within the limit of a single reward per visit and per day.
The reward will be issued on request, subject to availability. Loyalty points are not transferable. No monetary conversion or reimbursement will be possible.
The Member may unsubscribe from the Services at any time, by sending a request to that effect to Pongo at the above-mentioned address.
Pongo will send the Member an email confirming unsubscription, which will take effect on the date of this email.
Unsubscribing from the Service results in the deletion of the Member's Account in its entirety and the permanent loss of all unused discount benefits collected.
The Member agrees not to use the Pongo Program in any fraudulent, improper or ill-intentioned manner, in which case the Member may be excluded from the Pongo Program and will lose all points accumulated to date. It is strictly forbidden to use the Services for any of the following purposes:
- engaging in activities that are illegal or infringe the rights of third parties,
- undermining public order or violating applicable laws and regulations,
- aiding or inciting, in any form and in any manner whatsoever, the exercise of illegal activities, the undermining of public order, the violation of applicable laws and regulations or the infringement of third-party rights,
- intrusion into a third party's computer system,
- sending unsolicited e-mails and/or commercial prospecting or solicitation,
- The following are also strictly forbidden: any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, any attempted intrusions into Pongo systems, any breaches of security and authentication measures. It is strictly forbidden to monetize, sell or grant all or part of access to the Services.
Pongo limits itself to providing partner merchants with a turnkey loyalty program. Pongo accepts no responsibility for the relationship between partner merchants and their customers. Pongo is not responsible for the quality of the rewards provided by partner merchants.
The content of the Pongo solution is the property of Hey Pongo SAS. It is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. In addition, the Service Provider retains all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced for the purpose of providing the Services to Members.
Members therefore undertake to refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express prior written authorization of the Service Provider, which may be subject to financial consideration. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Pongo, are strictly prohibited and may be subject to legal action.
In accordance with the French Data Protection Act 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the implementation of the Service, in particular, and may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the heypongo.com website has been declared to the CNIL.In accordance with national and European regulations in force, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.This right may be exercised by writing, by post and providing proof of identity, to :
Pongo
5, Avenue du Général de Gaulle
94160 Saint-Mandé
