GENERAL CONDITIONS OF SUBSCRIPTION AND USE (EVENT CHAT)
1. Prior arrangements
Belle Vue is a EURL company registered with the RCS of Périgueux under the number 880 364 237, whose registered office is located at 8, Chemin de Belle Vue – 24750 Champcevinel (France).
The company Belle Vue is a digital agency, with the trade name EventVenues.Chat
In this context, it has developed a software called “EVENT CHAT” through which it offers customer relationship management services, more specifically aimed at companies managing Event Venues.
The software is accessible online from the website owned and published by Belle Vue (www.eventvenues.chat).
2. Definitions
In the present general conditions of subscription and use, words or expressions beginning with a capital letter will have the following meaning:
General Conditions of Subscription and Use: refers to the present document and its possible appendices.
Contract: set consisting of the Quotation and the Company’s GCS accepted by the Client, under the conditions set out below, and any amendments to the Quotation, signed by both Parties.
Quotation: means the document drawn up by the Company and accepted by the Client after any negotiations between the Parties, including in particular details of the EVENT CHAT Services subscribed to, as well as their cost, the payment terms and any special provisions applicable to the contractual relationship between the Parties.
Personal Data/Data of a Personal Nature: refers to any information likely to allow the identification of a natural or legal person in a direct or indirect manner (surname; first name; email address; IP address; navigation data; etc.), in accordance with the definition given by article 4 of the European Union General Regulation on Data Protection (RGPD 2016/679).
Party(ies): means individually the Company or a User and collectively the Company and a User.
Privacy Policy: means Article 19 hereof.
EVENT CHAT Services: refers to the services offered by the Company in terms of customer relationship management, more specifically intended for companies managing Event Venues, accessible via the Site, as more fully detailed herein (non-exhaustively), as well as directly on the said Site and in the Company’s Quotations.
Site: refers to the website owned and published by the Company (www.eventvenues.chat), through which Users have access to the EVENT CHAT Services.
Company: refers to the company Belle Vue.
User: refers to any person using the Site and having subscribed to the EVENT CHAT Services, according to the terms and conditions provided for this purpose herein. It must necessarily be a professional.
3. Legal information
The Site is published by the Company, Belle Vue EURL, registered with the RCS of Périgueux under the number 880 364 237, whose registered office is located at 8, Chemin de Belle Vue – 24750 Champcevinel (France).
The director of the publication is Mr Martin Swanson.
The Site is hosted by the company Rochen Pty Ltd.
4. Subject
The present General Terms and Conditions of Subscription and Use are intended in particular to detail their scope of application, as well as the conditions of their acceptance.
They also describe : (i) in a non-exhaustive manner the EVENT CHAT Services and the subscription offers proposed by the Company; (ii) the conditions for opening accounts by Users on the Site, as well as their commitments; (iii) the conditions of their connection to the EVENT CHAT Services; (iv) the terms of subscription and payment for the EVENT CHAT Services, by means of the aforementioned subscription offers.
They also deal with the limitation of the Company’s liability.
The General Terms and Conditions of Subscription and Use also include clauses relating to the personal data of Users, as well as the policy of confidentiality of such data.
5. Scope of application
These General Conditions of Subscription and Use apply by right to the contractual relations between the Parties.
6. Contractual documents
Users acknowledge that the commercial relations between the Parties, including in particular the subscription to the EVENT CHAT Services, are exclusively governed by the Contract concluded between them, at the time of acceptance by the User of the Company’s Quotation and the present, under the conditions described below.
The Contract is made up of the following contractual documents:
– the Marketing Company’s Quotation, in the version validated between the Parties and accepted by the User. The Quotation is deemed to be accepted by the User on the day the Company receives a copy of the Quotation signed by the said User (at the email address: XX);
– these General Conditions of Subscription and Use. Any subscription to an EVENT CHAT Service offered by the Company implies the User’s unreserved acceptance of these Terms and Conditions. These General Terms and Conditions of Subscription and Use are deemed to be accepted by the User on the day the Company receives a copy initialled and signed by the User (email address: contact@eventvenues.chat).
In the event that the User requests the subscription to new CENTER CHAT Services offered by the Company and that its General Conditions of Subscription and Use have not been modified since their last acceptance, it will not be necessary for the User to accept these Terms and Conditions again.
Furthermore, these General Terms and Conditions of Subscription and Use are applicable notwithstanding any stipulation to the contrary contained in documents issued by the User.
Finally, these General Conditions of Subscription and Use are applicable subject to any contrary stipulation appearing in the Company’s Quotation, in the version accepted by the User or in any amendments to this Quotation, signed by both Parties.
7. CHAT EVENT services
The Company has developed software called “EVENT CHAT” through which it offers customer relationship management services, more specifically aimed at companies managing Event Venues.
The EVENT CHAT Services are subscribed to by the User through an installation package and monthly subscriptions.
The EVENT CHAT Services are more fully detailed on the Website and in the Company’s Quotation.
8. Quotation and conclusion of the Contract
Requests for quotes are made to the Company by email, telephone or by appointment.
Various exchanges may then take place between the Company and its Users, so that the Company can propose a Quotation that is as close as possible to their expectations, which may then be discussed between the Parties.
The Contract is concluded between the Parties upon receipt of the Company’s acceptance by the User of the Quotation and these Terms and Conditions, under the conditions defined in Article 6 above.
9. Price and payment
9.1. Prices
The prices of the EVENT CHAT Services subscribed to are indicated in the Company’s Quotation and depend in particular on the number of the User’s end customers.
The prices of the EVENT CHAT Services subscribed to are quoted in euros, exclusive of and/or inclusive of tax, depending on the User’s situation. They are final and non-revisable prices, unless otherwise agreed in writing between the Parties.
The prices are paid in accordance with Article 9.2 hereof, unless otherwise agreed in writing between the Parties.
9.2. Payment of the price
Payments for the EVENT CHAT Services subscribed to are made according to the schedule provided for this purpose in the Quotation accepted by the Client, under the conditions defined in Article 6 hereof.
Invoices issued by the Company are payable on receipt, by bank transfer, unless otherwise agreed in writing between the Parties.
Any delay in payment shall automatically and without prior formal notice result in the application of late payment interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points per annum, as well as a fixed indemnity of EUR 40 for collection costs, in accordance with the provisions of Article L. 441-6-I of the French Commercial Code.
Furthermore, in the event of late payment of any of its invoices, the Company reserves the right, without any compensation being due to the Client, to reduce, suspend or cancel the Services in progress, fifteen (15)
days after PeppaWeb Marketing has given the Client notice of default, which has remained without effect, that PeppaWeb Marketing has sent to the Client.
10. Access to the CHAT EVENT Services
Access to the EVENT CHAT Services is reserved for Users only: (i) who have regularly subscribed to the said EVENT CHAT Services, under the conditions in Articles 6 and 8 hereof; (ii) who have an account on the Site, in accordance with the terms and conditions set out in Article 11 hereof.
Any costs that may result from access to and use of the Site are the sole responsibility of the User.
The Site is accessible 24 hours a day, 7 days a week.
The Company has the right to modify, without compensation or notice, the servers or the hours of accessibility to the Site, as well as to close access to the EVENT CHAT Services, in order to carry out updates, modifications or improvements.
11. Opening a personal account
The opening of a personal account on the Site is carried out directly by the Company, after the User has regularly subscribed to the EVENT CHAT Services that it offers, under the conditions defined in Articles 6 and 8 hereof.
The connection link to their account is sent directly to them by the Company by email (to the address previously indicated by the User at the time of subscription and provided they have entered a valid email address).
When they request the opening of a personal account on the Site, by subscribing to the EVENT CHAT Services offered by the Company, under the conditions defined in Articles 6 and 8 hereof, the User guarantees in particular that they have full legal capacity to enter into a contract.
He also undertakes not to use information that would infringe the rights of third parties, public order and good morals, and to provide accurate, complete and precise information and to update it.
Concerning the identifiers of his account, the User undertakes not to divulge them, by any means whatsoever. The confidentiality and use of his identifiers is his sole responsibility.
In the event of non-compliance with any of the User’s commitments, the Company reserves the right to suspend the User’s personal account by operation of law, without compensation or prior formality, as well as to cancel their subscription to the EVENT CHAT Services.
Users must immediately report any suspicion or unauthorised use of their accounts or fraudulent access to their passwords.
12. Connection
In order to connect to his account on the Site, the User must indicate his username and password on the form dedicated to this purpose (which will be communicated to him by the Company after he has subscribed to the EVENT CHAT Services, under the conditions defined in Articles 6 and 8 hereof).
13. Use of the EVENT CHAT Services and User commitments
In the context of their use of the EVENT CHAT Services, Users agree to :
– not to use all or part of the elements of the EVENT CHAT Services, outside the present Terms and Conditions or in a way that would infringe the regulations;
– not to use all or part of the elements of the EVENT CHAT Services for purposes other than normal use, it being specified that any use and activity deemed disproportionate will be considered to be outside normal use;
– not to publish, transmit, distribute, edit or make accessible through the Site any content that could constitute, without this list being exhaustive, defamation, insults, denigration, threats, blackmail, harassment, incitement to violence, to racial hatred and more generally to the perpetration of crimes and offences, the propagation of false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and/or works, software, content prohibited by law or infringing the rights of third parties, breach of the authority of justice, infringement of privacy, protection of personal data or secrecy of correspondence, condoning crimes against humanity or denying genocide, disclosure of information covered by secrecy or by the right to privacy, or of acts endangering minors, in particular the manufacture, transmission, dissemination or accessibility of messages of a violent, pornographic or paedophilic nature, likely to offend human dignity or likely to permit the manufacture of explosives;
– not to falsify data, messages or documents, message headers or identification or connection data or otherwise manipulate an identifier or information in such a way as to conceal the origin of the transmission of content via the EVENT CHAT Services;
– not knowingly upload, post, transmit, broadcast, broadcast, transmit or otherwise make available any content that contains or constitutes computer viruses or any other computer code or programs designed to interrupt, destroy, hijack or limit the functionality or performance of the EVENT CHAT Services.
14. Duration
14.1 Taking effect
The Contract shall take effect on the date of receipt by the Company of the User’s acceptance of the contractual documents that are the Quotation and the present, under the conditions defined in Article 6 above.
In any event, the Contract will only come to an end subject to full payment of the EVENT CHAT Services by the User.
In addition, the present contract in their part relating to the use of the EVENT CHAT Services are applicable between the Parties from the validation of the first payment by the User, under the conditions defined in Article 9 of the present contract, until its termination.
This closure may take place :
– at the end of the subscription offer subscribed to, under the above-mentioned conditions;
– at the Company’s sole discretion, under the conditions defined in Article 11 hereof.
15. Modification of the present terms and conditions
The General Terms and Conditions of Subscription and Use applicable are those in force on the date of the User’s subscription to the CENTER CHAT Services offered by the Company, under the conditions defined in Article 6 hereof.
These General Terms and Conditions of Subscription and Use are available on the Site.
However, the Company may modify the present Terms and Conditions at any time, without prior notice, subject to informing its Users as soon as such modifications come into force by email and/or by the publication of said modifications on the Site.
The Company will update the General Terms and Conditions of Subscription and Use by indicating the date of the last update at the top right of these Terms and Conditions.
16. Limitation of liability
The Company shall only be liable for direct damage caused by its fault, proof of which must be provided by the User. Compensation for the damage suffered by the User cannot exceed the amount due by the User for the EVENT CHAT Services concerned.
The Company cannot be held responsible for any indirect damage suffered by its Users. In particular, any financial or commercial loss, any loss of turnover, profit, data, orders or customers is considered as indirect damage.
In accordance with the provisions of article 2254 of the Civil Code, any legal action by a User against the Company is subject to a limitation period of one year from the date on which the User concerned became aware or is presumed to have become aware of the harmful event.
17. Force majeure
In the event of the occurrence of an event of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fire, production or transport defects that are not of his own making, supply shortages, wars, riots, insurrections, and more generally any circumstance or event preventing the Company from properly performing its obligations, the Company shall not be liable for any failure to perform the Event Venue Services, provided that it has immediately informed the User and taken all necessary measures to limit the effects thereof.
18. Intellectual property
All the elements contained on the Site are protected by intellectual property laws.
As such, the Company alone holds all rights, titles and interests, including all intellectual property rights related to the Site, as well as any ideas, suggestions, requests for improvement, comments, recommendations and other information that Users and third parties may communicate about the Site.
In addition, the Company holds the rights of use on all the elements accessible on the Site that it owns, in particular the texts, images, graphics, logo, icons, sounds, software, etc., which are accessible on the Site. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is prohibited, except with the express prior consent of the Company.
19. Privacy Policy
19.1. Personal Data
Personal Data Collected
Users’ Personal Data is collected when they open their account on the Site and subscribe to the EVENT CHAT Services.
The main Personal Data collected are: login; password; company name; name of the contact person in the company; information required for KYC; IP address (of the equipment and the internet service provider); navigation data (language preference; date and time of access to the Site; pages of the Site visited; etc.).
Purposes of processing the Personal data collected
In accordance with the law 78-17 of 6 January 1978, modified by the laws of 6 August 2004 and 20 June 2018, it is recalled that the personal data requested from the User is notably necessary for the creation of his personal account on the Site, for the execution of the EVENT CHAT Services, as well as for the preparation of invoices.
This data is also used for statistical purposes, direct commercial canvassing and to send newsletters.
However, they are not resold.
Recipients of Personal Data
The Company undertakes to guarantee the confidentiality of the Personal Data processed in the performance of its obligations.
Furthermore, as this data may be communicated to the Company’s partners responsible for the execution, processing, management and payment of subscriptions, the Company ensures that these partners have the same sufficient guarantees as regards the implementation of appropriate technical and organisational measures, so that the processing meets the requirements of the applicable regulations.
In addition, the Company is entitled to disclose the Personal Data of the Users, in case of obligation by law or in case of violation of the present by the said Users.
19.2 Consent
Users’ consent is presumed for the use of said data for the sole purpose of opening their account on the Platform, their reservation and related payments.
When Users’ Personal Data is used for marketing purposes, Users’ express prior consent is required. Users always have the possibility to withdraw their consent by sending an email to the address: contact@eventvenues.chat.
19.3. Storage
The Site is hosted by the company Rochen Pty Ltd
The Personal Data collected is hosted by the company Rochen Pty Ltd
19.4. Security
The Company undertakes to implement all necessary means to ensure the security and confidentiality of Personal Data.
Thus, in order to protect the Personal Data of Site Users, the Company takes a series of precautions and follows best practices in this area to ensure that such data is not lost, misappropriated, consulted, disclosed, modified or destroyed in an inappropriate manner.
19.5. Cookies
What is a “cookie”? A “cookie” or tracer is an electronic file placed on a device, such as a computer, tablet or smartphone, and read when connecting to a website, reading an email, installing or using software or a mobile application, regardless of the type of device used.
In this particular case, the proper functioning of the Site implies the presence of cookies implanted in the User’s computer, when he connects, in order to record information relating to navigation (pages consulted, date and time of consultation, etc.) and the identity of his visitors.
The first time the User connects to the Site, a banner explaining the use of “cookies” will appear. From then on, by continuing browsing, the User will be deemed to have been informed and to have accepted the use of the said “cookies”. »
The User has the right to oppose the use of cookies by configuring his browser software himself.
19.6. Rights relating to Personal Data
The User has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, limitation, opposition and portability with regard to the information concerning him/her.
To exercise his rights, the visitor only needs to write to the following email address: XX.
If the User no longer wishes to receive the Company’s news, requests (by telephone, SMS, post or email) and invitations, he or she may indicate this via the link reserved for this purpose, modify his or her choices by contacting the Company under the conditions mentioned above or, if necessary, by modifying the parameters of his or her online account.
Furthermore, if a User has reason to believe that the security of his Personal Data has been compromised or that this Data has been misused, he is entitled to contact the Company at the following email address: XX.
The Company will investigate complaints regarding the use and disclosure of Personal Data and will try to find a solution in accordance with applicable regulations.
For any additional information or complaint, the User may contact the CNIL (www.cnil.fr).
20. Miscellaneous
20.1. Independence of the Parties
Each Party shall be a legally and financially independent legal person, acting in its own name and under its sole responsibility.
Each Party therefore refrains from entering into any commitment in the name and on behalf of the other Party, for which it can in no way substitute itself.
20.2. Integrity
The Parties acknowledge that the present agreement constitutes the entirety of the agreements between them relating to their subject matter and supersedes all prior commitments, verbal and/or written, between the Parties relating to said subject matter. Unless expressly stipulated otherwise, the terms and conditions and obligations contained herein shall prevail over all others.
20.3. Nullity
The nullity, unenforceability, or more generally, the lack of effect of any of the stipulations herein shall not affect the other stipulations, which shall remain perfectly valid and binding.
20.4. Non waiver
The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.
21. Applicable law and competent jurisdiction
The General Conditions of Subscription and Use are subject to French law.
The Commercial Court of Périgueux shall have sole jurisdiction to hear disputes relating to the General Conditions of Subscription and Use, in the absence of an amicable agreement between the Parties.
22. French and foreign versions
These General Conditions of Subscription and Use are written in French. In the event of contradiction or misinterpretation, they shall prevail over any other version that may be written in another language at the request of the User.
23. Election of domicile
The Society’s address is Chemin de Belle Vue – 24750 Champcevinel (France).