Terms & Conditions
The business convention WORLD ELECTRONICS MEETINGS, hereinafter referred to as the “Tradeshow”, is organised by the company PROXIMUM365 SAS, hereinafter referred to as “the Service Provider” or the “Organiser”, It shall take place on June 8th, 9th & 10th 2021.
PROXIMUM365 SAS specialises in the organisation of trade shows: these are professional BtoB trade shows which offer individual business meetings which are scheduled in advance between the participants.
PROXIMUM365 SAS offers the Participants the chance to identify their representatives in advance through an online search engine which allows them to easily find their requirements and required skills.
PROXIMUM365 SAS thus performs processing operations for non-sensitive personal professional data in the database of its platform.
PROXIMUM365 SAS provides its professional relations platform to all Participants.
The purpose of these general conditions for use is to define the terms and conditions for use of the services available on the Trade show site.
They shall be applicable, even if stipulated otherwise elsewhere. Instances of tolerance may not be interpreted as constituting the waiver of a right. The use of the PROXIMUM365 SAS service results in the express acceptance without reservations of the general conditions for use that each Participant must consult and validated online.
Our Services are highly varied: it may thus happen that additional or specific conditions are applied for certain Services. These additional conditions shall be provided to you with the Services in question. If you choose to use these Services, you accept that these additional conditions are also part of your contractual obligations with us.
ART. 1. - INTEGRALITY
These general conditions express all the obligations of the parties.
They constitute the single source of commercial relations between the parties and, in this regard, the Participant is considered to have accepted the same without reservations. They are applicable, without restrictions and reservations, to all services provided by the Service Provider to the Participants of the same category.
The Service Provider and Participant agree that these general conditions shall exclusively govern their relations.
The Service Provider reserves the right to modify its general conditions from time to time. They shall be applicable once they are posted online.
If a condition for provision of the services is lacking, it shall be considered as being governed by the standard practices in force in the remote sales of companies with their head office in France.
The general conditions for use are communicated to all Participants who make such a request, to allow them to place an order via the PROXIMUM365 SAS website.
The Service provider reserves the right to exempt certain clauses of this document, depending on the negotiations undertaken with the Participant, by drafting special conditions of sale.
The Service Provider may also draft categorical general conditions for use, derogating these general conditions, depending on the type of Participant in question, and depending on the objective criteria. The categorical general conditions for use shall be applicable for the Participants that meet these criteria.
These general conditions for use are applicable for a duration corresponding to the period of commitment of the Participant.
This period is given on the commercial proposal signed by the Participant, as well as in the “Participant space” section of the Platform.
For the services that do not have an applicable commitment period, this agreement is concluded for an undetermined period, till the Participant’s account is closed.
This agreement may be terminated unilaterally by either party in case of a shortcoming characterised by the obligations incumbent upon it, fifteen (15) days after a formal notice is sent through registered letter with acknowledgement of receipt, which has remained ineffective.
ART. 2. - PURPOSE
The business event SPACE4, digital event, is organised by PROXIMUM365 SAS, and shall take place on June 8th, 9th & 10th 2021. In case of an event outside its control or force majeure, the Organiser may choose to change the dates or venue of the trade show or cancel it after having informed the Participants.
ART.3. - REGISTRATION
The registration for the Trade show shall be definitive only after the Organiser accepts the said registration.
All participants require an account to use PROXIMUM365 SAS services. This account is allocated to them by an administrator, who may access or deactivate the account.
To protect this account, the User must ensure its confidentiality by using a personal password. The participant shall remain responsible for the activity of its account or carried out through it, and must ensure that it does not use the same password as for its account in third party applications. If the User finds that its password or account has been used without authorisation, it must immediately PROXIMUM365 SAS about the same through mail at the address: firstname.lastname@example.org
PROXIMUM365 SAS reserves the right to remove any registered User:
• In the event of non-compliance by the User with one of the clauses of these general conditions, or in case of excessive use of the service considered to likely be the result of illegal use,
• In case of a user request.
ART.4. - ORDER
The Participant places its order:
• With a commercial advisor by sending a signed purchase order or commercial proposal;
• Online, using the online catalogue or through a formula given on the site.
The personal information collected by the company for preparing the purchase order (full name, professional email address, telephone) is recorded in its customer file and used for the correct management of customer relations and processing orders; prevention of unpaid dues and customer retention actions.
To ensure that the order is validated, the Participant must accept these general conditions, as well as the VIMEET GCU. Two acceptance methods are possible:
• Send these signed GCU
• Click on the validation button shown during the first log-in for the online services.
All orders constitute acceptance of the prices and descriptions of the offered services.
In certain cases, particularly non-payment, incorrect address, or other problem in the Participant’s account, the Service Provider reserves the right to block the Participant’s order till the problem is resolved.
In the event it is impossible to execute the service, the Participant shall be informed through email.
The service shall then be cancelled and possibly reimbursed, while the remaining order shall remain fixed and definitive.
For any question concerning the follow-up of an order, the Participant may:
• Send an email to email@example.com
• Call on +33 1.46.90.00.00
ART.5. - INFORMATION CONCERNING FULL-SERVICE SERVICES
The services governed by these general conditions are those that are given on the Service Provider’s site and which are indicated as provided by the Service Provider or under its control. They are offered within the limits of availability of the Service Provider.
The services are described and presented with the utmost accuracy. However if there are errors or omissions regarding this presentation, the Service Provider may not be held liable.
ART.6. - DOCUMENTS
The Service Provider shall retain the original documents which may be provided to it, and shall return them to the Participant upon request. All the documents, data, or information that the Participant may have provided shall remain its property.
The Service Provider shall only retain a copy of the documents necessary for drafting its work files.
The work documents prepared within the context of the services are our property and covered under professional secrecy.
The CUSTOMER shall remain the proprietor of the data which it may have entered, and which is under its personal responsibility, whether it is data concerning it directly or third party data. On the other hand, the CUSTOMER shall refrain from reproducing or pirating the standard PROXIMUM365 SASdocuments for the purposes of resale or direct or indirect and disloyal competitive activity as regards PROXIMUM365 SAS under penalty of a legal sanction which shall give rise to damages, not exclusive for the Customer, of an obligation to cease parasitical business practices.
RECOVERY-RESTORATION After the Service is completed and/or in case of termination of the Agreement, the access to the Service is closed on the last day of the Service or on the day the Agreement is terminated. The Customer Data must have, before this deadline, recovered the Customer Data which is accessible through the Service functionalities or have requested PROXIMUM365 SAS to restore a copy of the latest back-up of the Customer Data. This restoration shall be carried out in a standard market format chosen by PROXIMUM365 SAS and shall be provided to the Customer in the form of a download or if the size is too big, it is sent on an external medium as a billable service.
REVERSIBILITY. Unless stipulated otherwise in the agreement, on the 60th day from the end date of the Service or termination of the Agreement, the Customer Data deletion process shall be activated to render it unusable. This deletion shall include production data as well as the backed-up data depending on the storage periods of the back-ups.
PROXIMUM365 SAS may however retain the Personal Data within the context defined by the applicable laws only insofar as and for the period required by the applicable laws, and provided that PROXIMUM365 SAS guarantees the confidentiality of this Personal Data and ensures that this Personal Data is only processed - whenever necessary - for the purposes specified by the applicable laws which require the data to be stored and for no other purposes.
ART.7. - ONLINE DIGITAL SIGNATURE
The online provision of the Participant’s banking details, and the final validation of the order shall constitute proof of the Participant’s agreement and shall constitute:
• The payability of the amounts due under the purchase order;
• The signature and express acceptance of all the transactions completed.
In the event of fraudulent use of banking details, the Participant is requested, once this use is noticed, to contact +33 1.46.90.00.00 from Monday to Friday from 9:00 to 12:30 and from 13:30 to 17:00.
ART.8. - PROOF OF TRANSACTION
The registers which are digitised and stored in the Service Provider’s computer systems under reasonable security conditions shall be considered as proof of the communication, orders, and payments that have taken place between the parties. The purchase orders and invoices are archived on a reliable and sustainable support which can be produced as proof.
ART.9. - PRICES
9.1. Penalties for delay
In accordance with the law, in case of delay in payment in relation to the contractual deadline, the amount due shall bear interest at the general rate of the Bank of France plus two points, rightfully and without prior formal notice. The Service Provider shall have the right to suspend the execution of the services or access to online services till the unpaid invoice is completely paid, without this non-execution being considered as attributable to it.
No discount is granted in the event the Participant pays before the payment data given on the invoice or earlier than the one mentioned in these general conditions of sale.
ART.10. - PAYMENT CONDITIONS AND DEADLINES
The order may be paid for:
• Through bank transfer using the banking details indicated on the platform
• Through bank cheque made out to PROXIMUM365 SAS
• Through bank card with the online payment portal provided by the Service Provider.
The Service Provider has implemented a procedure for verification of the orders intended to ensure that no one can unwittingly use the banking details of another person.
Within the context of this verification, the Participant may be required to send to the Service Provider, through mail, a copy of an identity card and proof of domicile. The order shall be validated only after receipt and verification by the Service Provider of the communicated documents.
10.2. Delay in payment
Any delay in payment shall result in the immediate payability of all the amounts due to the Service Provider by the Participant, without prejudice to any other action that the Service Provider may have the right to initiate in this regard against the Participant.
ART.11. - SERVICES OF THE PROXIMUM365 SAS PLATFORM
11.1 Access to the service of the PROXIMUM365 SAS platform (hereinafter referred to as the “Service”) is possible subject to compliance by the User with the VIMEET General conditions of use indicated below (hereinafter referred to as the “GCU”). It is recommended to read the GCU when visiting the site each time since they may be modified at any moment and without notification.
11.2. Acceptance of the general conditions of use
The use of the service, whether free of cost or paid and requiring registration, shall result in the obligation for the User to comply with the GCU. Unless stipulated otherwise, when the User has paid access to the Service, the General Conditions of Sale which it has subscribed to shall prevail over the GCU, even in case of contradiction.
The use of the Service may require the User to accept the General Conditions of Sale and the Special Conditions.
When using the Service, the User may have to:
• Use the services of a third party partner of PROXIMUM365 SAS (hereinafter referred to as “Partner Services”). PROXIMUM365 SAS shall represent the Partner Services on the Service website. Through their use, the User accepts the conditions of use of the same;
• Access third party websites protected by intellectual property rights.
Use of the Service, whether paid or free, and requiring registration, is designed to meet the terms of reasonable and normal usage.
11.3. Use of our Services
ACCESS TO THE SERVICE PROXIMUM365 SAS undertakes to implement all the resources that shall allow the User to have reliable and quick access to the Services. The User declares having accepted the costs and limitations of connection to the Internet network. The User, informed about the minimum specifications communicated by PROXIMUM, is responsible for accessing the Service under the correct technical conditions - hardware, software, telecommunications - so that all the provisions for back-up and protection against possible intrusions may be implemented. The information contained on the PROXIMUM365 SAS site are accessible 24/7, subject to accidental interruptions or interruptions necessary for the correct functioning of the service. This interruption does not result in any compensation. An assistance service, limited to the use of the Services by the Users, is provided during working hours set by PROXIMUM.
The Service Provider’s commitments constitute an obligation of means under the terms of which the services shall be executed in strict compliance with the professional rules in force and, if required, in accordance with the conditions of the agreement. For this purpose, the Service Provider shall outsource the execution of the services to professionals with the required skills to ensure their execution in accordance with its quality standards.
The Participant acknowledges that PROXIMUM365 SAS is only bound to it by an obligation of means, particularly as regards the organisation of the event or Trade show to which it has subscribed and the correct deliverability of the messages sent through its platform. Even if PROXIMUM365 SAS tries its best to ensure the correct receipt of the messages sent by the Participant, the Service Provider does not control the contact database of all the Users of its platform, nor the possibility of the messages being marked as spam by the recipients, nor the filters applied by the messenger service providers of the recipients in case these filters consider that the mails sent by the Participant to establish business relations do not meet their quality requirements.
USE OF THE SERVICE The data and information available on the official site of the Trade show are the property of PROXIMUM365 SAS and it is not allowed to carry out a total or partial extraction of this data and to transfer it on any other support, Internet or otherwise.
Consequently, it is only allowed to view the data on a screen, print it on paper, or store it on digital media, for the exclusive benefit of the user and for its own requirements, as well as to communicate it via fax or email to a recipient which in turn is bound by the same restrictions of use.
The use of any automated system or software intended to extract the data from this internet site for commercial or non-commercial purposes is prohibited.
PROXIMUM365 SAS reserves the right to initiate any action or complaints necessary for ensuring the compliance with this prohibition, including within the context of legal proceedings, without prior formal notice.
OBLIGATIONS OF THE PARTICIPANTS AND DATA. The Participant must comply with the rules applicable for the Services that it uses, i.e.:
• It must not use the Services incorrectly (for example, not attempting to generate interferences with our Services or access them using a method other than the interface and instructions that PROXIMUM365 SAS communicates to all users).
• Use the Services in accordance with the laws in force, including the applicable laws and regulations concerning the control of exports and re-exports. PROXIMUM365 SAS is authorised to suspend or terminate the provision of its Services in the event of non-compliance with the applicable conditions or regulations, or in case of suspicion of incorrect use.
• The use of the PROXIMUM365 SAS Services does not grant any intellectual property right concerning the said Services or their contents.
• It must not use any contents obtained through the use of PROXIMUM365 SASServices without authorisation from the owner of the said contents, unless authorised to do so by the law. These Conditions of Use do not grant any right to use a trademark or logo included in the PROXIMUM365 SAS Services.
• It must not delete, conceal, or modify the legal notices displayed in or with the PROXIMUM365 SAS Services.
PROXIMUM365 SAS may have to verify the contents to ensure their compliance with the law or its conditions of use and reserves the right to delete or refuse to display any contents that it may reasonably consider to be in violation of the law and its regulations.
Within the context of use of the Services and execution of the agreement, PROXIMUM365 SAS informs the user that it may send messages related to the functioning or administration of the Services and other information - which the User is free to opt out of.
In order to facilitate the correct execution of the services, the Participant undertakes to:
• Provide the Service Provider with complete and accurate information and documents within the necessary deadlines and without it being necessary to verify the completeness or accuracy of the same;
• Take decisions within the deadlines and obtain the necessary hierarchical approvals;
• Appoint a correspondent vested with decision-making power;
• Ensure that the key representatives and correspondent are available throughout the period of execution of the services;
• Directly inform the Service Provider about any possible difficulty concerning the execution of the services.
The access codes for the service are reserved only for the Participant Customer. They may not be communicated to a third party. The Participant is responsible for ensuring the confidentiality of the access codes communicated to it.
All the communication addresses of the Participant must be collected as per the regulations in force. The legislation processes the B-to-B and B-to-C addresses differently, the Participant must ensure the legality of its operations.
The Participant must honour any unsubscription request within 24 hours following the request, including its customer files.
The Participant undertakes to ensure that the recipients of the messages can oppose the sending of such messages and are informed about the department which they can contact to exercise their rights of access, rectification, and deletion of their personal data.
PROXIMUM365 SAS reserves the right to suspend its routing service if the Participant does not comply with the conditions described above.
Similarly, if these breaches are repeated, PROXIMUM365 SAS may definitively suspend the Participant’s account.
Whatever the circumstances, the Participant shall protect PROXIMUM365 SAS against any complaints following the sending of unsolicited messages to a User.
ART.12. - TERMINATION AND DEFAULT
The participant, if he has not been able to obtain at least 5 organizable meetings (doubly validated), after having made appointment requests himself and accepted or refused the appointment requests received, may, up to 2 days working days before the event, request the cancellation and reimbursement of the registration fee (excluding options). Apart from this assumption, the registration is fixed and definitive. Any registration generating management fees and communication to the Participant shall not be compensated in any manner whatsoever.
PROXIMUM365 SAS may terminate the Service at any moment.
In the event of failure to comply with the obligations defined herein, PROXIMUM365 SAS reserves the right to delete a registered Participant account, to prevent re-registration, and take any action and/or recourse to stop any infringement of its rights and to obtain compensation for the damages suffered.
The Participant may, at any moment, stop using the Site by unsubscribing from the same in the space provided for this purpose or by sending:
• An email to the address firstname.lastname@example.org
• Or sending a letter to PROXIMUM365 SAS, 855 avenue Roger Salengro – 92370 CHAVILLE - France
The request for termination from the Participant shall be taken into account by PROXIMUM365 SAS at the earliest.
In the event of non-compliance with these VIMEET GCU by the Participant, PROXIMUM365 SAS reserves the right to terminate its access to the Service without notice,
ART.13. - OBLIGATION OF MEANS
In its capacity of Organiser, PROXIMUM365 SAS is only bound by an obligation of means.
RESPONSIBILITY OF THE SERVICE PROVIDER The entire liability of the Service Provider and that of its partners for any shortcoming, negligence, or default observed during the execution of its services, shall be capped at the amount of the fees paid for the services in question, in order to cover complaints of any nature (interest and fees included), regardless of the number of actions or grounds invoked, or parties to the dispute.
This stipulation shall not be applicable for liability for death or bodily injury, nor for any other liability which the law prohibits from excluding or limiting.
The Service Provider may only be held liable in case of proven fault or negligence and is limited to the direct damages, exclusion any indirect prejudice, of any nature whatsoever.
Moreover, the Service Provider may not be held liable in the following cases:
• Following a shortcoming or deficiency of a product or service which is not supposed to be supplied or delivered by it or any of its possible sub-contractors;
• For the events and/or data which does not fall within the scope of the services, and/or which are not the extension of the same;
• In the event the results of the services are used for a purpose or context other than the one in which it is executed, erroneous implementation of recommendations, or lack of consideration of the Service Provider’s reservations.
Neither the Service Provider nor its insurers shall be responsible for indirect damages, loss of earnings or loss of opportunity, or expected benefits, nor the financial consequences of the actions that may be taken by third parties against the Participant.
ART.14. - GUARANTEE
The Service Provider protects the Participant against any fault regarding the compliance of the services and any hidden defect resulting from a design or delivery fault of the said services excluding any negligence or fault by the Participant.
Whatever the circumstances, in case the Service Provider is held liable, the Service Provider’s liability shall be limited to the amount excluding taxes paid by the Participant for the provision of the services.
ART.15. - TRANSFERABILITY AND SUB-CONTRACTING
The Service Provider reserves the right to transfer all or part of the execution of the services to the Service Provider that meet the same qualification requirements.
If the service requires special technical skills, the Service Provider shall inform the Participant about the possibility of sub-contracting a part of the same. The sub-contractor shall then intervene under the sole responsibility of the Service Provider and must nevertheless undertake to ensure the confidentiality of all information that it may be aware of during the execution of the services. It shall offer the Participant the same guarantees, particularly as regards the protection of personal data as those offered by the Service Provider itself.
ART.16. - PROTECTION OF PERSONAL DATA
16.1 - Collection of personal data
The personal data collected from the websites of online services of the company is as follows:
• Corporate form
• Register of Companies-SIREN
• Address of the head office
• Intra-community number
When creating the user’s account: at least the full name and email address.
When the user is logging-in to the Platform, it must particularly enter its full name and data concerning the log-in details, utilisation, location, and payment.
The use of the services provided on the Platform allows entering a profile which may include an address and telephone number.
The Participants, who use the VIMEET platform free of cost for their participation in the trade shows organised by PROXIMUM, grant the Service Provider, by signing the agreement, the authorisation for processing and use of their non-sensitive personal professional data, only within the context of the event. They are duly informed and accept the fact that their contact details and e-mail address may be communicated only to participants with whom they have validated a meeting, excluding their mobile phone number.
However, the participant authorises the requirements for execution of the service which it expects from PROXIMUM365 SAS such that the Service Provider can send it, before and during the event, automatic notifications in the event the meeting schedule is modified.
PROXIMUM365 SAS may not be held liable as regards its obligation of means for changes in the schedule of meetings.
The Participants, who use the VIMEET platform free of cost for but do not participate in the events organised by PROXIMUM365 SAS, nevertheless grant the Service Provider, by signing the agreement, the authorisation for processing and use of their non-sensitive personal professional data, only within the context of the event.
The participants-Users who pay to use the VIMEET platform for their participation in the events organised by PROXIMUM365 SAS are subject to all the provisions concerning the general conditions of sale and use of the VIMEET platform.
By registering for an event, all Participants authorise PROXIMUM365 SAS to use their email addresses for communication of information concerning the event for which they register on the one hand, and the promotion of other events organised by PROXIMUM365 SAS related to the event for which the registration is applicable on the other hand. These contact details may also be communicated to organiser partners.
This data allows:
• Informing the participants about future events and to receive information via email.
• Managing the monitoring of its dossier
• Personalising the communication, particularly by sending newsletters, special offers, and special emails within the context of communication about the event.
Moreover, PROXIMUM365 SAS states that if the participant changes its opinion and no longer wishes to receive certain categories of emails, it may contact us at any moment to inform us about its choice concerning the sending of these emails.
Within the context of payment for the products and services offered on the Platform, it registers financial data concerning the user’s bank account or credit card.
The various actions carried out by the user associated with one of the online services are logged.
Cookies are used in the context of use of the site. The user may deactivate cookies using the browser settings.
16.2 – Use of personal data
The personal data collected from the users is intended for providing services of the Platform, improving them, and maintaining a secure environment. More accurately, the types of use are as follows:
• Access and use of the Platform by the user;
• Managing the functioning and optimisation of the Platform;
• Organisation of the conditions of use of the payment Services;
• Verification, identification and authentication of the data communicated by the user;
• Offering the user the possibility of communicating with other users of the Platform;
• Implementing user support;
• Personalising services by displaying advertises depending on the browsing history of the user, depending on the preferences;
• Preventing and detecting fraud, malware (malicious software) and managing security incidents;
• Managing possible disputes with users;
• Sending commercial and advertising information, depending on the user’s preferences.
16.3 – Sharing personal data to a third party
Personal data may be shared with third party companies, in the following cases:
• When the users use the payment services, in order to implement these services the Platform is connected to third party banking and financial companies with whom it has concluded contracts;
• When the user publishes information accessible to the public in the free-content zones of the Platform;
• When the user authorises a third party website to access its data;
• When the Platform uses services from Service Providers to provide user support, advertising, and payment services. These Service Providers have limited access to the user data, within the context of execution of these services, and are contractually bound to use them in accordance with the provisions of the regulations applicable as regards protection of personal data;
• If required by the law, the Platform may communicate data to follow-up the complaints made against the Platform and comply with the administrative and judicial procedures;
• If the Platform is involved in a merger, acquisition, transfer of assets, or legal redress procedure, it may have to transfer or share all or part of its assets, including the personal data.
In this case, the users shall be informed before the personal data is transferred to a third party.
16.4 – Security and confidentiality
The Platform implements organisational, technical, software, and physical digital security measures to protect personal data against changes, destruction, or unauthorised access. However, it is stated that the Internet is not a completely secure environment and the Platform cannot guarantee the security of transmission or storage of information on the Internet.
16.5 – Implementation of users’ rights
Pursuant to the regulations applicable for personal data, the users have the following right:
• They may update or delete data concerning them by logging-in to their account and by configuring the parameters of this account;
• They may delete their account by writing to the following email address: email@example.com. It must be noted that the information shared with other users, like email marketing campaigns, may remain visible to the public on the Platform even after their account is deleted;
• They may exercise their right of access to know the personal data concerning them, by writing to the following email address: firstname.lastname@example.org. In this case, before enforcing this right, the Platform may request proof of identity from the user to verify its accuracy.
• If the personal data on the Platform is inaccurate, they may request the update of this information, by writing to the following email address: email@example.com ;
• The users may request the deletion of their personal data, in accordance with the applicable laws regarding data protection, by writing to the following email address: firstname.lastname@example.org
16.6 – Developments of this clause
The Platform reserves the right to make any modifications to this clause concerning protection of personal data at any moment. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on its site. If the user does not agree with the terms of the newly drafted personal data protection clause, it may delete its account.
ART.17. - CONDITIONS FOR INCLUSION IN THE CATALOGUE
Any participant who has not paid its participation fees before opening the online platform for choosing meetings, shall not have its presentation sheet on the platform and thus shall not be visible to the other participants.
ART.18. ADVERTISEMENT INSURANCE
After acceptance of the registration, the Organiser authorises all Participants to include the following notice on its commercial and advertisement documents: “Participant of the business convention WORLD ELECTRONICS MEETINGS, digital event, on June 8th, 9th & 10th 2021." And reciprocally, all Participants authorise PROXIMUM365 SAS to insert a reference to its participation in the said business convention.
19.1. Confidential information
Each party undertakes to not disclose confidential information received from the other party.
The confidential information includes information of any nature, visual or oral, on any medium whatsoever, concerning the structure, organisation, business, miscellaneous internal policies, projects, and personnel of each party. Subject to the aforementioned exceptions, this confidentiality obligation shall be effective for a period of one year following the term of the services. The contents of the services as well as the reports, mails, information, notes, and quotations provided by the Service Provider during the execution of its services shall also be considered confidential. These documents are communicated to the Participant strictly for internal use and provided that they are not disclosed to third parties or appended to a document which it may have to produce. If the Participant wishes that all or part of these documents are disclosed to or used by a third party, it must request prior written authorisation from the Service Provider. The conditions applicable for this disclosure shall then be fixed.
19.2. Excluded information
The obligations and restrictions listed above are not applicable:
• To confidential information included in the public domain, or freely acquired before the beginning of the service;
• To confidential information which is or becomes known other than following a violation of this Article;
• To confidential information which is or becomes known owing to other sources not bound by a disclosure restriction;
• To confidential information which must be communicated pursuant to the legal or professional obligation or following a request from any legal or regulatory authority authorised to demand the disclosure of confidential information.
Subject to its obligations as regards confidentiality, the Service Provider reserves the right to execute the services for competitor companies of the Participant.
The Participant acknowledges and accepts:
• That the parties may, unless expressly requested otherwise by the other party, correspond with or transfer documents through email circulating on the Internet;
• That no party has any control over the capability, reliability, access, or security of these emails;
• That the Service Provider may not be held liable for any loss, damage, expenses, or damages caused by the loss, delay, interception, misappropriation, or alteration of any email caused by any reason. Generally, the parties undertake to comply with the applicable regulations as regards protection of personal data and particularly the combined provisions of the European Regulation 2016/679 dated 27 April 2016 concerning protection of physical persons as regards processing of personal data and the free circulation of this data (the “GDPR”) and the national law no. 78-17 dated 6 January 1978 pertaining to information, files and liberties.
In accordance with these texts, people who communicate nominative information to us shall have the right to access and rectify the data concerning them.
ART.20. IMAGE RIGHTS
During the show, a photo and video device shall cover the event to create a film and photo album which may be used for promotional purposes (shooting a film, use of photos in creating communication documents, development of website, etc.) on national territory for a period of 3 years after the show. Consequently, the Participants of the Trade show authorise the Service Provider and its Principal, by registering for the show, to use their image if necessary strictly within the framework of promoting PROXIMUM365 SAS events.
COMPLAINTS All complaints, whether amicable or legal, concerning the execution of the services must be formulated within one year from the end of the service provision.
ART.21. RIGHT OF WITHDRAWAL
Since the Participant is a professional who is making a purchase within the context of and for the requirements of its profession, there is no need to apply the right of withdrawal provided for by the consumer code.
ART.22. FORCE MAJEURE
All circumstances outside the control of the parties, preventing the execution of their obligations under normal conditions, are considered as causes for exemption from the obligations of the parties and shall result in the obligations being suspended.
The party that invokes the circumstances stated above must immediately inform the other party about the occurrence and end of the same.
Any events or circumstances that are unavoidable, outside the control of the parties, unpredictable, inevitable, independent of the desire of the parties and which may not be prevented by the latter, despite taking all reasonably possible efforts, shall be considered as cases of force majeure. Other than the events normally considered as such by the case-law of French courts and tribunals, the following events are expressly considered as cases of force majeure or fortuitous events: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning strikes, breakdowns in telecommunications networks or difficulties faced by the telecommunications networks outside of the customers’ control.
The parties shall convene to examine the incidence of the event and agree upon the conditions under which the execution of the agreement shall be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
ART.23. PARTIAL INVALIDATION
If one or several stipulations of these general conditions are considered invalid or declared as such pursuant to a law or regulation or following a definitive ruling of a competent court, the other stipulations shall remain in force to their full extent.
In the event either Party does not take advantage of a breach by the other party of any of the obligations stated in these general conditions, it shall not be interpreted as a waiver for the obligation in question in the future.
In the event of a difficulty in the interpretation of any of the titles of the clauses and any of the clauses themselves, the titles shall be declared as null and void.
ART.26. APPLICABLE LAW
These general conditions are subject to French law. They are drafted in French. In the event they are translated into one or more languages, the French text shall prevail in case of a dispute.
The parties undertake to try and seek and amicable resolution to any dispute that may arise from the termination of the services. If this is not possible, the parties shall submit the dispute before the commercial court of Nanterre.
ART.27.ATTRIBUTION OF JURISDICTION CLAUSE:
In the event of a dispute, the courts of Nanterre (92) shall have sole jurisdiction.