Last updated: 30/10/2013
The purpose of these terms and conditions of service ("ToS") is to define the terms of provision of online services by MYevent ("Services") via the Internet site http://www.my-event.com.
The purpose of the Website is to introduce Internet users who are looking to organise an event ("Event Organisers") with individuals or businesses ("Advertisers") offering the rental of venues suitable for hosting and organising events ("Event Venues").
Event Organisers and Advertisers shall collectively hereinafter be referred to as the "User(s)".
MYevent is a French simplified joint-stock company (société par action simplifiée) with a share capital of 10,000 euro, registered at 192 Boulevard Voltaire – 75011 Paris, registered in the Paris Trade and Companies Register under no. 530 636 448 and represented by Anaïs Buyens in his capacity as President (hereinafter referred to as "MYevent").
The Website is hosted by OVH, a French simplified joint-stock company (société par action simplifiée) with a share capital of 10,000,000 euro, the registered office of which is at 2 rue Kellermann BP 80157, 59053 ROUBAIX CEDEX 1 – France, registered in the Trade and Companies Register of Roubaix-Tourcoing under No: 424 761 419 00045. VAT No FR 22-424-761-419-00045. Tel: 0 899 701 761. Website: http://www.ovh.com.
The publishing director of the Website is Madame Anaïs Buyens, acting in his capacity as legal representative.
For all complaints or queries relating to the Website, please contact MYevent via one of the following means:
The Website offers the following Services to Event Organisers:
The Website offers the following Services to Advertisers:
An Advertiser with one or more Event Venue(s) may register and publish its venue(s) on the Website, free of charge. To register:
Once your registration is validated, the offer relating to the Event Venue is automatically saved.
Registration is then subject to approval by the MYevent Internet site team.
Once the venue has been approved by MYevent, Users will have access to all of the information provided by the Advertiser about the Event Venue, as well as the associated Media and Quote Request function.
With regard to amendments, the Advertiser undertakes to regularly update the information for each of its Event Venues.
The Advertiser may at any time, without explanation, withdraw its offer from the Website database.
To remove a venue from the Website database, the Advertiser should:
The Event Venue is removed with immediate effect.
The Website offers the following Services:
A Quote Request does not constitute booking confirmation for an Event Venue.
The Event Organiser may reserve an Event Venue via MYevent if the venue is available for the dates and times requested.
Booking is not final until the rental agreement has been signed and the deposit has been paid by the Event Organiser, in accordance with the payment terms defined in the Event Venue rental agreement.
The Event Organiser agrees that access to the venue shall be limited to the maximum number of guests specified in the booking request sent to the Advertiser at the time of booking. The Event Organiser undertakes to leave the venue in the same condition in which it found it upon arrival. The Event Organiser acknowledges and accepts that it is responsible for its own actions or omissions and those of all its guests or people to whom it grants access to the venue.
The Event Organiser agrees to adhere to the insurance requirements of the Advertiser as specified in the Event Venue rental agreement. Should the Event Organiser fail to supply proof of insurance in accordance with the Advertiser's requirements, the booking shall be cancelled with immediate effect and the Event Organiser shall be liable for cancellation costs, the amount of which shall be determined in accordance with the cancellation policy chosen by the Advertiser.
Access to, registration to and use of the Website and the media available therein is free of charge.
The Advertiser is free to set its own rental rates, independently of MYevent, as well as its own cancellation policy, insurance conditions and payment methods.
The Advertiser shall decide the rental fee to be owed and payable by the Event Organiser in exchange for the hire of an Event Venue for a specific period and for the use agreed between the parties.
In exchange for free listing of the Event Venue on the Website, the Advertiser agrees to offer MYevent the same rental rates that it would have charged had the Event Organiser made direct contact.
The Advertiser hereby appoints MYevent as agent, in a limited capacity, of the Advertiser for the purposes of collecting payments from the Event Organisers on behalf of the Advertiser. The Advertiser agrees that any payment made by an Event Organiser to MYevent shall be considered identical to a payment made directly to the Advertiser. The Advertiser shall make available to the Event Organiser the Event Venue under the same conditions as those granted if the Advertiser had itself received the rental payment for the Event Venue.
In the event that the Event Organiser enters into a rental agreement with regard to an Event Venue with an Advertiser, it must pay to MYevent a commission fee ("Commission") as specified below.
In the event that the Event Organiser cancels its booking, MYevent shall refund, where applicable, the Event Organiser in accordance with the cancellation conditions defined in the signed rental agreement.
The Users undertake to keep MYevent informed of the progress of their discussions with regard to the booking of an Event Venue in cases where the Users have been put in direct contact via the MYevent website. MYevent reserves the right to claim any sums due by the Advertisers, plus damages, for any loss incurred.
In the event that the Users breach or do not comply with one or more of the obligations or provisions provided for by these terms and conditions, MYevent reserves the right to modify, suspend, restrict or deny access to the service, without having any claim for compensation.
MYevent shall have the right to claim compensation for any loss incurred.
These ToS are effective from the time of agreement hereto upon the User's creation of a personal profile.
These ToS shall remain in force between MYevent and the User until the execution in full by MYevent of its obligations and the completion of the Services specified in the order confirmation or effective booking of the Event Venue.
Access to the Website is available 24 hours a day, 7 days a week, at the following URL: http:// www.my-event.com
It is expressly permitted for reasons of technical maintenance and the smooth running of its services, that the Website's portal may undergo temporary interruptions, in relation to which Users are not permitted to claim compensation, of any form whatsoever.
Under these ToS, the term User(s) content and/or third party or parties' content shall mean any information or content transmitted to or that may be transmitted to MYevent or that may be provided or uploaded by a User and/or a third party via the Website or by any other means, including data, images, videos or other presentations, sounds, graphics, documents or data files, information, messages and emails.
By transmitting, providing or uploading User and/or third parties' content or sending or making available User and/or third parties' content to other Users and/or third parties or MYevent, the Users and/or third parties grant the right to MYevent (and/or guarantee to MYevent that the rights holders of such content have expressly granted such right) free of charge, irrevocably and without limit, in the form of a licence (including for any commercial use) to use, copy, sub-license, reproduce, modify, adapt, publish, translate, make public, view and broadcast this content and to create compilations of User and/or third party content (in part or in full).
The User and/or third party guarantees and shall pay compensation to MYevent, upon first request, for any damage suffered by MYevent and for any action that may be brought against MYevent as a result of violation by the User and/or third party of any third party right.
MYevent reserves the right to take any measures that it deems appropriate to impede or bring to an end the infringement of its intellectual or industrial property rights or any third party intellectual or industrial property rights, without accepting any liability.
In the event that MYevent may be held liable for a breach by a User and/or third party under these ToS, MYevent may call this party or these parties in warranty.
Consequently, the User and/or third party guarantees MYevent against any legal or other disturbances, and in particular against any action that may be taken against the latter as a result of non-compliance by the User and/or third party with the ToS. In such event, the User and/or third party undertakes to pay compensation to MYevent for the full amount of damages that it may suffer, and in particular to pay compensation for the amount of all sums for which it may be liable and all costs, including legal proceedings, solicitor costs and damages relating to this legal or other disturbance.
Unless agreed otherwise in writing, MYevent does not guarantee to the User and/or the third party that the Website and its content shall meet the needs and requirements of the latter.
MYevent shall accept no responsibility for the actions and/or transactions carried out by the Users and/or third parties during their use of the Website.
LThe User accepts the limitations and characteristics of the Internet.
As such, notwithstanding the technical resources in use:
MYevent has only one obligation of diligence to the User in relation to all transactions performed on the Website.
The User must take all measures necessary to ensure that its means of connection to the Website allow it efficient and effective use of the Website.
In this regard, navigation of the Website is not technically possible unless all of the following minimum technical conditions are met:
(the User is expected to update its Internet browser on a regular basis)
MYevent shall not be held liable for the alteration, loss, destruction or transmission of data, nor for any damage affecting the computer hardware or system of the User or a third party and that may occur as a result of navigation or use of the Website, nor for the transmission via the Website of viruses originating from Users or third parties.
Users acknowledge that access to the Website and/or pages of the Website is susceptible to interruption, suspension, removal or may be rendered difficult, in particular (without this list being exhaustive) due to a unilateral decision by MYevent, or for security, technical, maintenance, or legal reasons, or due to a power cut, a dysfunctional Internet connection, network or browser, etc.
The Website is susceptible to containing errors and/or defects. MYevent is under no obligation to rectify these errors and/or defects, as acknowledged by the User.
MYevent shall not be held liable for any interruption, suspension, removal or difficulty of access to the Website or any pages of the Website, nor for any error therein.
MYevent shall not be held liable in the event of an error, inaccuracy or omission contained in the information posted by third parties or Users.
MYevent is not responsible for the use by the User of any information that it may find on the Website.
The products and services offered on the Website as Event Venues ("Services") are Services offered by third parties; the Advertisers, and are not linked to the share capital of nor have any financial dependence on MYevent.
In this context, MYevent acts only in its capacity as intermediary and shall not be held responsible by the User for the fulfilment by these third parties of their contractual obligations.
The User recognises that there is no joint and several liability between MYevent and these third parties and that MYevent is not responsible for these Services.
MYevent shall not be held liable in the event of force majeure, as this term is defined by French law and case law.
MYevent, as the party responsible for the processing of User personal data captured on the Website ("Personal Data") undertakes to strictly comply with the provisions of the French Data Protection Act n° 78-17 of 6 January 1978 and its amendments.
The Personal Data obtained, where applicable, through use of the Website is intended for use by ("Intended Users"):
The User's attention is drawn to the fact that OVH, in its capacity as Internet hosting service of the Website, as well as various other technical service providers of MYevent may have access, for technical reasons, to this Personal Data.
Personal Data may be used only by the Intended Users and for the purposes:
(i) of proposal, provision and management of services and subscriptions, offered to Users through the Website;
(ii) where applicable, of establishing an electronic signature and corresponding electronic certification as provided for in the context of these ToS.
MYevent undertakes to exert its best efforts to ensure the confidentiality of Personal Data. However, the User's attention is drawn to the fact that it is not possible to guarantee the total security of Personal Data transmitted over the Internet and that any communication of information on its part is solely at its own risk.
Users' Personal Data shall be retained by MYevent for at least the full duration of the associated subscriptions. Upon expiry of these Subscriptions, this Personal Data shall be stored for archival and evidentiary purposes for a period of five (5) years or for any legally prescribed period if longer. Personal Data is archived using a reliable and sustainable medium and in the form of a true and lasting copy, in accordance with Article 1348 of the French Civil Code.
Other Personal Data shall be retained for a period of one (1) year.
All Users have the right of access, modification, correction, removal or opposition with regard to their Personal Data as well as other data recorded by cookies and transmitted to MYevent.
These rights may be exercised on the Website or by writing to MYevent, Users Service, 231 rue La Fayette, 75010 Paris.
These rights may be exercised only by the person concerned in relation to his or her own Personal Data. As a result, in accordance with the provisions of Article 39 of the French Data Protection Act, said person shall be required to prove their identity to MYevent.
The data (i) provided by the User or collected via the Website, and in particular by cookies, and (ii) that does not directly identify the User, may be used and/or marketed by MYevent or the Group for advertising purposes, market research and statistical studies, and in particular to better target third party advertising offers likely to appear on the Website.
The attention of the User is drawn to the fact that use of the Website may lead to the establishment of a "cookie" on the User's computer, which itself may lead to the recording of certain settings - including the User's password should the User tick the "Remember my password" box - and the recording of information in order to facilitate navigation of the Website.
This information shall remain on the User's workstation and/or be retained by MYevent for a period of one (1) year.
The User may set its browser to disable cookies. However, disabling cookies shall result in a reduction in the personalisation of services and products offered by third parties via the Website.
The User acknowledges that it has been advised of the option to disable cookies.
The User acknowledges that its IP (Internet Protocol) address, the digital address of the User's connection terminal (i.e. computer) to the Internet network, is recorded upon its access to the Website and allows MYevent, in the event of unauthorised use, abuse, fraudulent use or breach of the provisions of these ToS, to respond to information requests from the relevant authorities.
Information relating to IP addresses is kept for a period of one (1) year.
The Website and ToS are governed by French law.
This is in terms of both substance and form.
In the event of dispute and prior to applying to the relevant court, the User is expected to contact, as early as possible, the MYevent Users Service in order to attempt to resolve the dispute in an amicable fashion.
To this effect, MYevent may be contacted via the following means:
Should an amicable resolution not be possible, any dispute relating to the interpretation, execution or consequences of the ToS shall be submitted to the exclusive jurisdiction of the French courts, and specifically to the competent court having jurisdiction over French procedural rules, regardless of the number of defendants or third-party notice.