General terms and conditions of use

 

1.     Purpose

 

Bunch’m operates a mobile application called “Bunch’m” accessible through IOS and Android devices (hereinafter the “Platform”), through which it offers to persons wishing to organise an event (hereinafter the “Organisers”) tools for managing said events and in particular for communicating with guests at said events (hereinafter the “Guests“).

 

The Organisers and Guests are hereinafter referred to together or individually as a “User“. Bunch’m and the User are hereinafter referred to together or individually as a “Party“.

 

The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions“) is to set the terms and conditions for providing Users with event management and communication tools via the Platform (hereinafter the “Services“), as well as to define the rights and obligations of the Parties in this context.

 

They express the entire agreement of the Parties and cancel and replace any previous agreement, letter, offer or other written or oral document having the same purpose. They are accessible at any time via a direct link on the Platform’s home page.

2.     Platform operator

 

The Platform and Services are operated by Bunch’m, a simplified joint stock company, registered in the Nanterre Trade and Companies Register under number 834 216 228, whose registered office is located at 73 rue de Paris – 92 100 Boulogne-Billancourt (hereinafter the “Company“).

 

The Company can be contacted as follows:

 

Phone number: +33 9 83 06 08 65

E-mail address:contact@bunchm.com

 

  1. Acceptance of the General Terms and Conditions

 

By registering for the Services under the conditions set out below in the “Access to Services” article, the User declares that he/she has read these General Conditions and expressly accepts them.

 

This acceptance can only be full and complete, without modification of any kind whatsoever. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these Terms and Conditions must not use the Services or access the Platform.

3.     Access to Services

 

The Platform and Services are accessible:

 

  • to any natural person having full legal capacity to enter into commitments under these General Terms and Conditions. The User who does not have full capacity may only access the Platform and the Services with the agreement of his legal representative;
  • to any legal person acting through a natural person who has the legal capacity to enter into contracts in the name and on behalf of the legal person.

4.     Registration on the Platform

 

Any User is required to first download the Platform on any mobile device of his choice and then open an account with the Company on the Platform according to the procedure described below to benefit from all the Services (hereinafter the “Account“).

 

The User, once the Platform has been downloaded, must send an SMS to a number that is not overtaxed (excluding operator costs) to enable the Company to automatically open an Account for him/her.

 

The User acknowledges and accepts that his Account is linked to the telephone number used during the registration process and is opened directly on the mobile device on which the Platform has been downloaded. Any change in telephone number will result in the opening of a new Account.

 

When a User is invited by an Organiser to participate in an event, as a guest, and in the event that the latter does not already have an Account on the Platform, the Organiser sends him/her a notification by SMS or email directly from the Platform inviting him/her to access the page of the said event to which he/she is invited by the Organiser, to inform of his/her presence or to download the Platform and open an Account under the conditions detailed above.

 

Once the User’s Account is opened, the Company reserves the right, at its free discretion, and at any time after the application for registration and throughout the term hereof, to implement any verification process it deems necessary, including the Company’s identity or contact details.

Once registered, the User accesses his or her Account directly by opening the Platform on the device on which it is downloaded, without having to enter a user name or password.

Any User guarantees the Company that the information provided during the registration procedure is accurate and that it is not misleading. The User undertakes to inform the Company without delay of any change in such information at the contact address indicated in the article “Platform Operator” of the present document

 

The User acknowledges and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his or her identity. 

 

The registration on the Platform automatically entails the allocation of a personal space in a form and according to the technical means that the Company deems most appropriate to provide the Services, and allowing it to use and manage the Services (hereinafter “the Personal Space“).

5.     Strictly personal use

 

Only one Account may be created per telephone number provided by the User. The User of the Services is considered to be the person whose personal information corresponds to that provided when the Account was opened, to the exclusion of any other third party.

 

When the User Account is opened on behalf of a legal entity, it may be operated by the authorised person whose personal information corresponds to that provided on the registration form, as well as by members of his staff, which the User expressly acknowledges and accepts. The User is solely responsible for the proper use of the Account by its staff members in accordance with these terms and conditions.

 

The User therefore undertakes to use the Services personally, and not to allow any third party to use them in his or her place or for his or her own account, including to another User of the Services, unless he or she bears full responsibility for them.

 

The User is also responsible for maintaining the confidentiality and security of the device on which the Account is opened and expressly acknowledges that any use of the Services from his Account shall be deemed to have been made by him/her.

 

In the event that the User notices that their Account is or has been used without their knowledge, they undertake to notify the Company as soon as possible, at the address indicated in the article “Platform Operator”.

6.     Non-commercial use

 

The User undertakes not to monetize, sell, concede, exchange or, more generally, negotiate all or part of the access to the Services, to the Platform’s servers, as well as to the information and/or texts, images and other content used by the Company and/or any other User on the Platform in connection with the use of the Services.

7.     Description of the Services

 

The User has access to the following Services in a form and by the technical means that the Company deems most appropriate. The User acknowledges and accepts that according to his or her status he or she will not have access to the same Services, as detailed below.

 

The User also acknowledges that access to certain Services, identified as paid services on the Platform, is subject to the payment of a price.

 

The User is expressly informed that if he/she wishes to benefit from the Paid Services before the end of the withdrawal period provided for in Article L.221-18 of the Consumer Code, he/she must make an express request to the Company at the time of subscription to the Services. Failing this, he/she acknowledges and accepts that he/she will only be able to access the said Services after a period of fourteen (14) days from the payment of the price.

 

  • Services available to the Organiser

 

  • Creating an event

 

The Company provides the Organiser with a tool enabling him/her to create an event, in which he/she must provide the name, the start and end date and the location of the event (hereinafter “the Event“).

 

The Organiser can insert a text presenting the event, a calendar and import content related to the event (texts, photographs, company logos if applicable, etc.).

 

The Organiser can also import for each event the Guest list directly from its list of contacts registered on the device on which the Platform is downloaded. In this respect, the Organiser expressly authorises the Company to access their contact list. In the event that the Organiser uses the Services for professional purposes, it guarantees the Company that it has the authorisation of the persons included in its contact list to communicate their telephone number and connection ID to it. The Organiser can also add Guest phone numbers manually directly from the Platform.

 

The Organiser expressly acknowledges and accepts that the import of the list of Guests constitutes authorisation given to the Company to send them by SMS and/or email a notification of invitation to the Event and, where applicable, to invite them to create an Account on the Platform.

 

The Organiser also expressly acknowledges and accepts that the import of the guest list constitutes authorisation for the guests and co-organisers to access the numbers of the other guests of the event and this only in the case of an event not open to the public. Guests will be able to contact each other by SMS and/or voice call.

 

 

The Organiser may create Events at their own discretion, without limitation as to the number of Events during the duration of the Services.

 

As soon as the Organiser has created a page dedicated to their Event, the Company publishes it on the Platform and makes it accessible only to Guests. The Company also provides the Organiser with a hypertext link enabling it to open the Event to the public, subject to the subscription formula agreed upon. The Organiser decides at their own discretion whether or not to use this link.

 

The Organiser sends an invitation to the Guests by SMS and/or email directly from the Platform to notify them of an invitation to the Event and/or informing them that they must open an Account on the Platform to access the Event.

 

The Event page is accessible, at the Organiser’s free choice, either only to the Guests to whom the Organiser has sent a notification from the Platform, or to any public when the Organiser has used the hypertext link to open the Event to the general public, which he/she acknowledges and accepts.

 

The Organiser acknowledges and accepts that the Event page remains accessible to Guests for a period of one (1) year from the end date of the Event as indicated at the time the Event was created. The Organiser has the possibility to close an Event at any time.

 

  • Feature management

 

The Company provides the Organiser with a certain number of features that it may freely make available to Guests or not for each Event it creates. The Organiser acknowledges and accepts that, depending on the price formula chosen for each Event organised through the Platform, he/she has access to all or part of the features, which he/she acknowledges and accepts.

 

The Company thus provides him/her with the following features:

 

  • Communication, allowing Guests to contact each other to organise their accommodation, itinerary, transport, or the purchase of a common gift, as well as surveys on any theme related to the organisation of the Event. This Service is offered through a chat open to all Guests or by accessing guest phone numbers to facilitate the sending of individual SMS messages between guests.
  • Management, allowing the Organiser to write on the Event page three messages per Event in order to communicate useful information to the Guests, to designate one or more co-organisers of the Event and to determine the access rights of each to the Event’s features, to collect information on the food preferences of the Guests, the number of companions for each Guest, the age of the companions if applicable, to manage the planning of activities and participants, the list of Guests, to collect the postal addresses of the Guests and/or participants, to make reminders.

The complete list of functionalities open to the Organiser for each Event is indicated in the price formula subscribed by the Organiser, under the conditions of the article “Financial Conditions” below.

 

The Organiser also has the possibility to create groups of Invitees on the form and planning modules, with a limited number of Invitees that he/she determines and to which he/she can open features specific to that group only.

 

  • Services available to the Guest

 

Each Guest receives a notification by SMS or email at the Company’s free choice informing him/her that he/she can access the page of an Event to which he/she is invited by the Organiser of said Event and allowing them to reply directly to the Organiser to inform them in particular whether he/she is coming or not, the number of people accompanying them, food preferences, without having to open an Account on the Platform.

 

The Guest has access to the Event page, as well as to all the content published by the Organiser on the said page, and to the features to which the Organiser has chosen to give him/her access.

The Guest acknowledges and agrees that he/she may not publish content directly on the Event page, invite new people, or modify the list of features open to him/her.

 

However, the Guest has the possibility to use discussion spaces between one or more Guests on the chat module, on the themes of his choice in relation to the organisation of the Event.

 

The guest has the possibility to contact the other guests by text message or call.

 

The Guest acknowledges and accepts that the authorization to access his or her number following a user’s request during an event open to the public constitutes authorisation for the user to contact him or her by text message or phone.

 

The Guest has the option to disable notifications of features offered by the Organizer for the Event that does not interest him/her.

 

  • Storage of photographs

 

The Company provides Users on the Event page with a space on which to download and share photographs related to the Event. Each User may upload a certain number of photographs according to the price formula subscribed by the Organiser for said Event.

 

The Organiser has the option to delete photographs shared by Guests. Each Guest can only delete the photographs they share.

 

Photographs are available to all Guests. Guests have the possibility to “like” the photographs, save them on their mobile device and share them with third parties.

 

Users acknowledge and accept that the photographs are accessible on the Event page throughout the duration of the Event as indicated at the opening of the Event, plus a period of one (1) year. At the end of this period, the photographs are archived on the Company’s servers for a maximum period of one (1) year, before being permanently destroyed.

 

  • Technical assistance

 

The Company offers the User technical assistance accessible by email at the following address: contact@bunchm.com, allowing him/her to report any difficulties encountered when using the Services.

 

 

  • Other Services

 

The Company reserves the right to offer any other Service, in a form and according to the functionalities and technical means it deems most appropriate for providing said Services.

8.     Duration

 

These General Terms and Conditions apply for the entire duration of the validity of the Account, until the Account is closed by either Party, for any reason whatsoever, under the conditions detailed below in the article “Closing the Account”.

2.            Financial conditions

 

  • Service Prices

 

Access to the Services is free of charge for Guests.

 

For the Event Organiser, access to the:

  • Services identified on the Platform as Standard Services are free and open to any User, without restriction of any kind.

 

  • Services identified on the Platform as Premium Services are subject to payment of a package including the Premium Services, valid for the organisation of an Event. The Organiser acknowledges and accepts that the price of the formula is payable per Event. He or she has the possibility to choose different subscription formulas for each Event. The Services included in each price formula are freely determined by the Company and detailed on the Platform by any means deemed useful. The Company reserves the right to offer several price formulas.

 

The price is expressed in euros, all taxes included.

 

The Company reserves the right, at its free discretion and under terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions. Any promotional offer, as well as the terms and conditions for benefiting from this offer, will be indicated on the Platform at the time of subscription of a price formula for an Event, which the Organiser acknowledges and accepts.

8.2  Methods of payment

 

The price of the subscribed formula is due in full and payable on the date of subscription to the Services. Payment will be made directly on the Platform through the payment provider chosen by the Company and indicated on the Platform (hereinafter the “Payment Provider“), which the User acknowledges and accepts.

 

In this regard, the User enters into a direct contract with the Payment Service Provider. By registering for the Services, he/she expressly accepts the general conditions of the said Payment Provider by ticking the corresponding box when subscribing to any price formula. In the event of any inconsistency between the Payment Provider’s general terms and conditions and these General Terms and Conditions, the latter shall prevail.

 

In this context, the User is informed that the Payment Service Provider alone keeps the bank details for the purpose of making payments. The Company does not keep any bank details.

 

The Company shall send the User by any useful means and in particular by making available in the User’s Personal Space, in a downloadable and printable format, within 48 hours of payment of the price, an invoice for the amount of the price of the subscribed Services. Invoices remain available in the User’s Personal Space throughout the duration of registration for the Services.

9.     Right of withdrawal

 

The User is informed that, in accordance with the terms of Article L. 221-21 of the Consumer Code, he/she has a right of withdrawal from the Company within fourteen (14) days of the date of subscription to the Services.

 

He or she may exercise this right by contacting the Company at the address mentioned in the article “Platform operator” before the expiry of the above-mentioned period, by completing the withdrawal formattached as Annex 1hereto, or by sending the Company any other declaration, unambiguous, expressing his or her intention to withdraw from the contract.

 

The exercise of the right of withdrawal need not be justified. No penalty shall be imposed on the User for exercising his or her right of withdrawal.

 

The User acknowledges and accepts that if he/she wishes the execution of the Paid Services to begin before the end of the withdrawal period, he/she must make an express request to the Company by ticking the corresponding box on the Services subscription form.

 

He/she acknowledges that, should he/she nevertheless exercise his/her right of withdrawal, the sums paid for the subscription to the Services will remain the property of the Company in proportion to the number of days during which he/she has benefited from the said Services, whether or not they have used them, calculated on the basis of the total number of days between the subscription date and the end date of the Event for which the Services were subscribed and as indicated when the Event was created, which he/she recognises and accepts.

 

The Company shall pay them the balance, corresponding to the total amount of the subscription for an Event after deduction of the sums still acquired by the Company, as soon as possible, by any means deemed appropriate.

10.  Hosting

 

The Company undertakes to ensure, under an obligation of means, the hosting of the Accounts and any content published by the User on his Account in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting provider, exercising its activity in accordance with the practices of the profession and the state of the art.

In this context, the Company undertakes to provide the User with sufficient storage and processing capacities within the framework of the Services, in accordance with the practices of the profession and the state of the art.

The Company undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.

The Company also undertakes to take all necessary precautions, with regard to the nature of the data and the risks presented by the automated data processing carried out for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.

11.  Service level guarantee

 

The Company undertakes to ensure the permanence, continuity and quality of access to the Services throughout the duration of registration for the Services.

As such, the Company will make its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in cases of force majeure.

In addition, given the complexity of the Internet, the uneven capacity of the various sub-networks, the influx at certain times and the various bottlenecks over which the Company has no control, its liability will be limited to the operation of its servers, whose external limits are constituted by the connection points.

The Company shall not be held responsible for (i) access speeds to its servers, (ii) external slowdowns to its servers, and (iii) bad transmissions due to a failure or malfunction of these networks.

If necessary, the Company reserves the right to limit or suspend access to the Platform in order to carry out any maintenance and/or improvement operations. In this case, the Company undertakes to inform the User in advance by any useful means of these maintenance and/or improvement operations.

As part of these maintenance and/or evolution operations, the Company undertakes to make its best efforts to backup the content stored on its Personal Space.

The User acknowledges and accepts that this service level guarantee does not cover any failure or interruption of the Services caused by telecom operators or Internet and mobile web service providers.

In any event, it is expressly agreed between the Parties that the breach of any undertaking provided for in this article may under no circumstances be sanctioned by the termination of the Contract and its liability shall be limited under the conditions provided for below in the article “Liability”.

3.     Intellectual Property

 

These General Terms and Conditions do not grant the User any intellectual property rights of any kind on the Platform, as well as on all texts, images, audio-visual content and other content used by the Company on the Platform, with the exception of Content put online by Users, including these General Terms and Conditions, trademarks, trade names and logos, software, structures, infrastructures and databases used by the Company within the Platform, which remain the exclusive, full and entire property of the Company.

 

Any act of disassembly, decompilation, decryption, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation, marketing of the Platform and/or texts, images, audio-visual content and other content used by the Company on the Platform by the User, not in accordance with the provisions of these General Conditions, is prohibited and may be the subject of legal proceedings.

12.  Obligations of the User

 

Without prejudice to the other obligations provided for in this document, the User undertakes to comply with the following obligations.

 

  • The User undertakes, in his/her use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

He/she is also solely responsible for the proper performance of all formalities, in particular administrative, fiscal and/or social formalities and all payments of contributions, taxes or levies of any kind that may be required in connection with his/her use of the Services.

 

  • The User acknowledges that he or she is aware of the characteristics and constraints, particularly technical, of all the Services. In particular, it acknowledges that the Company will not be able to provide it with all the Services if they refuse geolocation.
  • The User undertakes to provide the Company with all documents, elements, data and information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with the Company with a view to the proper execution of the present contract and to inform it of any difficulties related to this execution.
  • The User guarantees the Company that he/she has all the rights and authorisations necessary for the use and/or distribution of content of any kind (editorial, graphic, photographic, logo, brand or other) on his/her Profile in connection with the use of the Services. He/she undertakes that such Content shall be lawful, shall not violate public policy, morality or the rights of third parties, shall not infringe any legislative or regulatory provision and, more generally, shall not in any way be liable to the civil or criminal liability of the Company.

The User thus refrains from publishing, in particular and without this list being exhaustive:

  • pornographic, obscene, indecent, offensive or unsuitable content for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist content;
  • infringing content;
  • content that is harmful to the image of a third party;
  • content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities;
  • content harmful to third parties’ computer systems (such as viruses, worms, Trojan horses, etc.);
  • and more generally any content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

In this context, the User guarantees the Company against any complaint, claim and/or action by one or more other Users and/or any third party claiming that the Content constitutes a violation of his or her rights, whatever they may be, and in particular his or her intellectual property rights, image rights and the protection of private life. Consequently, the User undertakes to compensate the Company for any damage it may suffer and to bear all damages, as well as any costs, charges and expenses to which the Company may be ordered, or which may be provided for by a settlement agreement signed by the Company after having obtained the prior agreement of the User.

13.  Confidentiality

 

Throughout the duration of the Account’s opening and for a period of three (3) years after the Account’s closure, the User undertakes to keep strictly confidential all information and documents of any kind whatsoever received from the Company pursuant to this Agreement and/or constituted pursuant to this Agreement, and in particular economic, strategic or marketing, legal, trade or business secrets, know-how, software licences, databases, as well as all data relating to the performance of the Services.

14.  Termination of contract

14.1      Closing the Account

The User may close his or her Account at any time and terminate these General Terms and Conditions, without having to justify any reasons, provided that he or she notifies the other Party by any useful means, in particular by clicking on the button in the Personal Space or by registered letter with acknowledgement of receipt.

Termination shall be effective within a maximum period of forty-eight (48) hours, subject to full payment of the sums due to the Supplier. In the event that the User has subscribed to Paid Services at the time of closing his Account, he/she acknowledges and accepts that the termination will be effective at the earliest at the end of the last Event in progress and for which the User has subscribed to Paid Services.

14.2      Termination for default

In the event of one of the Parties failing to fulfil any of its obligations under these General Terms and Conditions, the other Party may, ipso jure and without legal formalities, terminate these General Terms and Conditions.

The termination of this Agreement shall be without prejudice to any damages to which the Party that terminated it may be entitled as a result of the failure of the other Party and any penalty that may be due to it.

The User acknowledges and accepts that all sums paid by way of the Commission shall remain the property of the Company and that the User may not request their return.

14.3      Consequence of the end of the Services

 

The User acknowledges and agrees that the termination of the Services, for any reason whatsoever, results in the deactivation of the User’s Account, which then no longer has access to his or her Personal Space. The User is responsible for retrieving the data stored in his Personal Space on the medium and in the format of his choice, which he/she recognises and accepts.

 

Except in the event of termination for default, the User may reactivate his or her Account by logging in with his or her password via the Platform at any time during a period of three (3) years from the deactivation of his or her Account. Beyond this three (3) year period, the User’s Account will be definitively closed, the data collected by the Company at the time of registration, as well as the information stored in the Personal Space and on the Profile will be destroyed by the Company, in accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms and the General Data Protection Regulations.

 

 The User expressly acknowledges that the Company may under no circumstances be held liable for any loss or alteration of the information stored on the Personal Space, occurring after the deactivation of his Account, whatever the cause, and in particular following maintenance and/or updating operations of the Platform.

15.  Complaints

 

In the event of an act prejudicial to a User committed by another User in the context of the Services, the User may send a complaint to the Company by email to the address given in the article “Platform Operator”, after having previously sought an amicable solution.

 

The complaint must include the date of its notification, the identity of the complainant, the identification of the User causing the damage, a description of the disputed facts, as well as a copy of the correspondence sent to the author of the infringement and seeking an amicable solution.

 

The Company will be entitled to take any appropriate measures, without any commitment on its part and/or to forward this complaint to the competent authorities.

 

Users will be personally responsible for any actions they may bring in any court against another User due to the prejudice suffered as a result of his or her actions.

16.  Prohibited behaviour

It is strictly prohibited to use the Services for the following purposes:

 

  • the exercise of illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
  • the breach of public order or the violation of laws and regulations in force,
  • intrusion into a third party’s computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
  • aiding or inciting, in any form and by any means, to one or more of the acts and activities described above,
  • and more generally any practice that diverts the Services for purposes other than those for which they were designed.

It is strictly forbidden for any User to copy and/or misuse the concept, technologies or any other element of the Platform for their own purposes or those of third parties.

The following is also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Company’s systems, (iii) any diversion of the Platform’s system resources, (iv) any actions likely to impose a disproportionate burden on the Platform’s infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to affect the Company’s financial, commercial or moral rights and interests, and more generally (vii) any breach of these General Conditions.

17.  Sanctioning of violations

 

In the event of a breach of any of the provisions of these General Terms and Conditions or, more generally, of a breach of laws and regulations by the User, the Company reserves the right to:

 

  • temporarily or permanently suspend, without delay, access to the Services of the User who has committed or participated in the breach or infringement, and in particular, in the event of the provision of incorrect, incomplete, misleading or outdated information at the time of registration,
  • remove any content related to the breach or offence in question, in whole or in part,
  • take all appropriate measures and take legal action,,
  • where appropriate, notify the competent authorities, cooperate with them and provide them with all relevant information for the investigation and repression of illegal or unlawful activities.

In the event of the User’s failure to comply with an essential obligation arising from these General Terms and Conditions, or of a repeated breach of them, the Company reserves the right to terminate the User’s access to all or part of the Services, with immediate effect, by email. Termination shall take effect automatically on the date on which the Company sends the written notice to the User pursuant to this clause. It automatically leads to the deletion of the User’s Account without prior notice, without prejudice to any other consequences that may arise under these General Terms and Conditions.

4.     Exclusion of liability and guarantee of the Company

 

The Company undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that it is under an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.

The User acknowledges that the Company’s intervention is limited to the provision of the Services, and in particular to the provision of technical means enabling Users participating in the same event to communicate with each other. The Company’s liability is exclusively limited to the provision of these means.

 

In addition, neither the Company nor a User may invoke the provisions hereof to claim, in any way, the status of agent, representative or employee of the other, nor bind him or her with respect to third parties, beyond the Services provided for by the provisions hereof. Under the terms hereof, there is no particular legal structure between the Company and a User, each retaining its full autonomy, responsibilities and its own clientele.

 

The Company is not aware of any Content that may be posted online by the User and/or other Users as part of the Services on which it does not perform any moderation, selection, verification or control of any kind and in respect of which it only acts as a hosting provider.

 

Consequently, the Company cannot be held liable for said Content, the authors of which are third parties, any possible claim being directed in the first instance to the author of the Content in question.

In particular, the Company may under no circumstances be held liable in the event that the information relating to an Event provided by the Organiser and/or a Guest is false or incomplete.

Nor may the Company be held liable in the event of use of the Services by a User who does not comply with these General Terms and Conditions.

In addition, the Company does not guarantee the User that:

  • the Services, subject to constant research to improve their performance and progress, will be totally free of defects, errors or flaws;
  • as the Services are standard and not offered solely for the User’s use according to his or her own personal constraints, will specifically meet the User’s needs and expectations.

Subject to these reservations, the Company may be held liable under ordinary law for direct damages suffered by the User resulting from a breach of its contractual obligations as defined herein. The User therefore waives the right to claim compensation from the Company for any reason whatsoever for indirect damage, and in particular loss of opportunity.

In any event, the User acknowledges that the Services offer him/her an additional solution, an alternative to meeting new people and/or meeting people in love, and that this solution cannot replace the other means available to him/her to achieve the same objective.

As such, the User acknowledges and accepts that the Company does not offer any guarantee as to the number of meetings that may be held and/or completed through the Platform during the entire time the Services are used.

5.     Social regulations

The Company declares to the User benefiting from the Services in the course of his or her professional activity that it complies with the tax and social legislation in force, that it is up to date with the payment of social security contributions and that it can provide proof of compliance with the various obligations applicable in this regard, at the Professional User’s request.

 

In the event that the amount of the Services for the current calendar year exceeds the sum of 5,000 euros, the Company must provide the Professional User, prior to the performance of the Services, and then systematically and regularly every six months from the conclusion of this Agreement until the end of their performance, with the following documents:

 

  • an identification card proving registration in the Trade Register or an extract from the entry in the Trade and Companies Register dated less than three (3) months (K or KBIS extract), or equivalent for a foreign company,
  • a certificate of provision of social declarations from the social protection body responsible for collecting the Company’s social security contributions and contributions,
  • a declaration on honour pursuant to which the Company certifies that it has filed with the tax authorities, on the date of the declaration, all mandatory tax returns, and that the work will be carried out with employees regularly employed under the Labour Code.

6.     Insurance

The Company guarantees to the User that it has taken out the necessary insurance policies to insure and guarantee the consequences of its professional civil liability in the event that it is engaged, in order to cover the pecuniary consequences of the damages for which he/she would have to answer.

7.     Personal data

The Company has a personal data protection policy, the characteristics of which are explained in the document entitled “Policy on the protection of personal data”, accessible on the Platform’s home page and which the User is expressly invited to read.

 

Specifically, the Company declares that it complies with all legal and regulatory obligations with regard to the protection of personal data, in particular to guarantee the security and confidentiality of the data collected and processed.

 

The Company is in no way responsible for any processing of personal data carried out by a User in respect of the User’s activities carried out through the Platform, to which the Company is strictly foreign. It is the responsibility of any User to comply with all regulatory obligations incumbent upon him/her in this respect.

8.     Advertising

The Company reserves the right to insert, on any page of the Platform and in any message to the User, any advertising or promotional messages in a form and under conditions of which the Company shall be the sole judge.

9.     Commercial references

The Parties are the sole owners of their names, trademarks, logos, signs, designs.

Each Party undertakes to respect the other Party’s intellectual property rights in respect of these distinctive signs and, in particular, undertakes not to create any analogy and/or confusion in the minds of the public for any purpose whatsoever and by any means whatsoever, in particular, each Party undertakes not to:

  • use the other Party’s name in its name or in any other trade or business name without limitation;
  • register or have registered, during and after the end of the contractual relationship between the Parties, any trademark, name, logo, sign and design used by the other Party.

Therefore, this Agreement does not constitute an assignment of any intellectual property rights held by the Parties in respect of their distinctive signs to the other Party, which the latter expressly acknowledges under the terms hereof.

The Company and the Organiser, in the case of a legal entity, mutually authorise each other to use the name, trademark, logo and references of the other Party as commercial references, on any medium and in any form whatsoever, for the duration of this Agreement and three (3) years following the termination of the relationship between the Parties.

10.  Links and third party sites

The Company may under no circumstances be held liable for the technical availability of websites operated by third parties (including any partners) to which the User may access through the Platform.

 

The Company does not assume any responsibility for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use. In particular, the Company cannot be held liable for information obtained from third party sites, including when said site is accessible from the Platform via an API.

 

Nor is the Company liable for transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User may be directed through the Platform and under no circumstances may it be a party to any disputes whatsoever with such third parties, in particular concerning the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which such third parties are bound.

11.  Waiver

The fact that one of the Parties has not exercised any right or power pursuant to the provisions of these General Terms and Conditions, or has exercised it late, may not be interpreted as a waiver to exercise all or part of such right or power, and any single or partial exercise of any right or power may not prevent a new exercise of such right or power.

12.  Force majeure

Neither Party shall be liable to the other in the event that the performance of its obligations is delayed, restricted or made impossible due to the occurrence of a force majeure event. In particular, cases of force majeure are considered to be those usually recognised by French case law and courts.

 

The occurrence of an event of force majeure will initially suspend the performance of the Services for a period of time that may not exceed three (3) months. In the event that the case of force majeure continues beyond the above-mentioned period, the Parties may terminate these General Terms and Conditions, ipso jure, without legal formality, without notice and without right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.

13.  Nullity

If any of the provisions of these General Terms and Conditions are declared null and void or inapplicable by reason of a law, regulation or following a final decision rendered by a competent court, only this provision shall be null and void, the other provisions shall retain their full force and scope.

14.  Amendment of the General Terms and Conditions

The Company reserves the right to modify these General Terms and Conditions at any time. In particular, the Company reserves the right to amend and/or discontinue offering all or part of the Services at any time at its sole discretion.

 

The User shall be informed of such changes by any appropriate means, at least thirty (30) days before their entry into force. The amended General Terms and Conditions shall apply immediately.

 

The User who does not accept the amended General Terms and Conditions must notify the Company, by any means deemed appropriate and in particular by email, before the entry into force of the amended General Terms and Conditions.

 

Any User who uses the Services after the entry into force of the amended General Terms and Conditions is deemed to have accepted these modifications, which will be fully applicable to him/her.

15.  Mediation

The provisions of this article are only applicable to the User who uses the Services outside of any professional activity for his or her private needs.

 

In the event of a dispute relating to these General Terms and Conditions, any User may use a consumer mediator free of charge in accordance with the provisions of Article L. 612-1 of the Consumer Code, prior to bringing any action before the competent courts.

 

In this respect, it is informed that the Company has joined MEDICYS’ mediation services, which can be contacted at the following number: +33 1 49 70 15 93

 

The User also has the possibility to file a complaint via the Online Dispute Resolution Platform (“RLL” platform) accessible via the link below:            https://webgate.ec.europa.eu/odr/main/?event=main.home.show&Ing=FR.

 

In the event of failure to appoint the mediator or the mediation itself, the most diligent party may refer the matter to the competent court in accordance with the terms of the article below.

16.  Applicable law and jurisdiction

These General Terms and Conditions are governed by French law.

 

In the event of a dispute concerning the validity, interpretation and/or execution of the General Terms and Conditions, the Parties agree that the courts of Paris shall have exclusive jurisdiction to rule on it, unless mandatory procedural rules to the contrary apply.

 

If the User is a consumer within the meaning of the first article of the Consumer Code, he or she may bring an action either before one of the courts with territorial jurisdiction under the Code of Civil Procedure or before the court of the place where he or she resided at the time the contract was concluded or the harmful event occurred, in accordance with the provisions of Article R. 631-3 of the same Code.

17.  Entry into force

These General Terms and Conditions came into force on the 01/01/2019.