GENERAL CONDITIONS OF PARTICIPATION AND USE OF THE VINEXPOSIUM CONNECT PLATFORM
VINEXPOSIUM, a simplified joint stock company with capital of €2,922, registered in the BORDEAUX Trade and Companies Register under number 822 686 192, whose registered office is located at 10 rue Condillac 33000 BORDEAUX, hereinafter the "Company", is the publisher of the www.vinexposium-connect.com website and it subdomain (hereinafter the "Site").
The purpose of these General Conditions of Participation and Use, applicable to Users of the Platform (hereinafter referred to as the "GCPU” is to govern the terms and conditions of use of the Platform accessible at www.vinexposium-connect.com by all Users, as well as the conditions of contact between Professional Subscriber Selles and Professional Buyers in the field of Wines, Spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails on the Platform.
Article 2- Remit
The GCPU govern the use of the Platform by all Users and the participation of Subscribers.
The User warrants and agrees to comply without restriction or proviso with these GCPU, which apply to the use of the Services made available to them according to their category on the Platform.
These CGPU can be accessed at any time on www.vinexposium-connect.com.
The User undertakes to read these terms and conditions carefully.
The use of the Platform is subject to these GCPU which set out the entirety of the obligations of the parties.
2.2 - Conditions of participation
Participation in the Platform is subject to these GCPU which expresses the entirety of the parties’ obligations.
The provisions relating to participation (General Conditions of Participation) allow Subscribing Sellers to present their company, their Products, to promote them and to be put in contact with Professional Buyers, under the conditions set out below and the Services subscribed to.
The General Conditions of Participation applicable to Subscribing Sellers are those that they have read and accepted at the time they took out their Subscription.
For the purposes hereof, the following terms and expressions shall have the following meanings
Subscription: payment reserved for the Seller allowing him or her to present their company, their Products, to promote them and to be put in contact with Buyers. There are three types of Subscriptions: Digital Discovery, Digital Essential and Digital Plus.
Back-Office: the interface allowing the Registered Visitor to access and configure their profile. The Back-Office is accessed via their usernames.
VINEXPOSIUM CONNECT catalogue: listing available on the Platform of all Subscribing Sellers and/or Sellers registered and participating in a physical exhibition organised by the Company.
Online Event Catalogue: listing available on the Platform only for registered Sellers participating in a physical exhibition organised by the Company.
Product Catalogue: all the Products presented online by the Subscriber Seller.
Content: any information, text, image, video, hypertext link, etc., posted on the Platform.
Event: physical exhibition organised by the Company such as Vinexpo Shanghai, World Bulk Wine Exhibition Amsterdam, Vinexpo India, Wine Paris & Vinexpo Paris, Vinexpo America & Drinks America, Vinexpo Hong Kong, Vinexpo Meetings and World Bulk Wine Exhibition USA.
Exhibitor: any professional seller of wines, spirits, and other alcoholic beverages as well as non-alcoholic beverages used in the preparation of cocktails, who is registered and participates in a physical exhibition.
Company Page: descriptive page of the activity of the Subscriber Seller or Exhibitor Seller including logo, texts and contact information corresponding to the Company Profile. The descriptive page is edited according to the architecture provided by the Company.
Platform: VINEXPOSIUM CONNECT platform accessible from the www.vinexposium-connect.com website.
Service: Subscription and additional services offered to Sellers.
Product: wines, spirits, other alcoholic beverages, such as beer and cider, as well as non-alcoholic beverages used in the preparation of cocktails, placed online by the Subscriber, the marketing of which is not prohibited by virtue of the applicable national laws and for which the Subscriber has all the relevant rights.
Professional: any individual or legal entity who acts for purposes relating to their commercial activity within the sector wine, spirits, and other alcoholic beverages as well as non-alcoholic beverages used in the preparation of cocktails.
Employee/Representative Profile: Set of data associated with an individual registered on the Platform whose profile is attached to a Company Profile.
Company Profile: Set of data associated with the Company page of a Subscriber Seller and/or Exhibitor Seller.
Personal Profile: Set of data associated with an individual registered on the Platform.
Services and Tools: features proposed allowing Users, according to their category, to register on the Platform, to consult the Product Catalogues and profiles and to be put in contact.
Virtual Stand: The Subscriber Seller's Company Page, completed by him or her, describing their activity and including logo, texts, photographs, Product Catalogue, tasting notes, news, Presentation Videos, as well as all their contact details, including their website and social networks.
User: any person who has access to the Platform as a Visitor, Registered Visitor or Subscriber.
Video Content: Live or replay broadcast of the intervention of one or more persons, a Subscriber Seller or partner of the Company, on a specific theme such as interviews (CEO talks), conferences, business presentations, etc. The Subscriber Seller can benefit from this by subscribing to additional services.
Presentation Video: Recording presenting the Subscriber Seller and their Products.
Visitor: any person who has access to the home page of the Platform, as well as to the Product Catalogue, the list of Sellers, news, and Presentation Videos only.
Registered Visitor: any person of legal age who has an account giving them access to the full Content of the Platform and who falls into one of the following categories
o Vendor: any Professional vendor in the wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails, whether a Subscriber, non-Subscriber and/or Exhibitor.
o Exhibiting Seller: Seller who is registered as an Exhibitor at one of the physical trade shows organised by the Company.
o Subscribing Seller, also referred to as Subscriber: Seller, whether an Exhibitor or not, who subscribes to the Platform.
o Buyer: any Professional buyer of the wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails, such as importers, distributors, catering professionals.
o Other professional: any person with a professional activity related to the wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails who is not a Seller or a Buyer, such as Interprofessionals, students and professors in the industry, associations, etc.
o Media/Press: any national or international press professional.
o Wine Lover: any consumer or non-professional, individual or legal entity who is not acting within the remit of their professional activity in the wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails or in the Media/Press sector.
Article 4 - Access and registration (Conditions of Use)
Access to the Platform is available directly on the www.vinexposium-connect.com website.
4.1 - Access to the Platform registration
The User, depending on their category, may register to the Platform directly on the Site or be registered automatically through the KLIPSO site.
Registration to the Platform is free.
It requires the creation of an account, which requires a login and a password necessary for each connection.
The account created is valid for an indefinite period.
This registration allows the User to access, according to their category, the Services and Benefits as detailed in Article 5 hereof.
4.1.1 - Access to registration via www.vinexposium-connect.com
To create their account, the User must declare their status as a Visitor (Seller, Buyer, Media, Other Professional or WineLover) and their age to certify that they are an adult.
No minor is allowed to register on the Platform.
4.1.2 - Access to registration through the KLIPSO website
The Seller who is registered to a physical show organised by the Company has a KLIPSO account.
Through this tool, they can subscribe to:
- Their listing on the Platform in the VINEXPOSIUM CONNECT Catalogue and the online Event Catalogue for which they are registered
- To one of the Subscriptions and additional services offered on the Platform.
These subscriptions will automatically lead to the creation of an account on the Platform.
The Subscriber and/or the Exhibiting Seller will receive an email notifying them of their login and temporary password, which they are invited to change when they first log in to access their account.
4.2 - Disclosure of information
Registration to the Platform requires the disclosure of personal information such as:
name, first name, postal address, e-mail address, telephone number, language...
Depending on the category of the User, additional information relating to their activity may be required, such as the company name, the company address, the business telephone number, the nature of the activity, the range of Products...
In the event of registration to the Platform directly through the Site, the User provides all the information mentioned above by filling in the form provided for this purpose.
In the event of registration to the Platform through the KLIPSO website, the relevant Sellers expressly accept the use of their data already filled in on the KLIPSO website, for the creation of their account on the Platform.
The Seller, the Buyer and the Other Professional must be Professionals.
The Subscriber Seller and/or Exhibitor Seller must provide a Kbis attesting to this capacity.
The Seller who wishes to subscribe to a Subscription must provide additional information to complete their profile, such as their Catalogue of Products and their characteristics.
The list of information to be provided varies according to the Subscription sought.
The information provided by Users constitutes their profile. Each registered Visitor has a Personal Profile. The Subscribing Seller and/or Exhibiting Seller also has a Company Profile.
4.3 - Declarations by the User
By applying for registration, the User certifies on their honour that they:
- Have the capacity and power to enter into a binding agreement (majority, not subject to any prohibition or collective procedure in progress ...).
- Have disclosed all the exact information concerning them, without fraud or identity theft,
- have read and accepted unreservedly these GCPU,
- are a media professional and have professional accreditation,
- are a Seller, Buyer or Other Professional in the wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails,
- are in compliance with regulations in force relating to the exercise of their activity, in particular as regards accounting, social security and tax obligations, protection of personal data, the fight against corruption and concealed labour,
- are the owner, as a Seller, of all the rights to the Products that they will present online and that no procedure in progress exists regarding the ownership of the latter,
- are, as a Seller, in compliance with regulations in force relating to the Products put online.
The Company only has an intermediary role. It has no active role in any exchanges that may take place between Users and does not control the Products, nor their compliance with regulations in force, nor the rights of Sellers to the Products displayed in their Catalogue.
However, the Company reserves the right to remove any content or suspend access to the Platform of any User if it becomes aware of obviously illicit activities or information on the Platform from the latter, in particular via Supportemail@example.com.
4.4 - Validation of the registration
4.4.1 - Acknowledgement of receipt of the application
The Company's consideration of the registration request via the Site is takes the form of the notification of the ongoing processing of the information provided.
Any order to a listing in the online Event Catalogue or to one of the Subscriptions, with any additional services offered on the Platform, is deemed to be an acknowledgement of receipt of the registration request.
4.4.2 - Review of the application
The Company reserves the right to assess the registration request and to verify, in particular, at its sole discretion and without this list being limitative or constituting any performance obligation on its part:
- the status of the Seller, the Buyer or the Other Professional as a Professional in the wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails,
- the Media's status as a press professional,
- the compatibility of its activity with the nature of the services offered by the Platform.
- the suitability between its products and services and the positioning of the Platform,
- the exhibitor quality on a physical exhibition,
- the neutrality of the message that the User may deliver on the Platform.
Any registration request from Users who are still in debt to the Company and/or in dispute with it will not be considered.
Until the Company's teams validate the registration requests, access to the Platform will be as a Visitor.
4.4.3 - Acceptance of the application
This acceptance takes the form of an email containing a link issued by the Company, allowing the User to activate their account and create their password.
As an exception, the Subscribing Seller and/or Exhibiting Seller shall receive an email notifying them of their participation summary and of their login and temporary password which they are invited to change when they first log in to access their account already created by the Company.
Acceptance of registration by the Company allows the Registered Visitor to access the Platform's Services and Benefits reserved for their category, as provided for in Article 5 hereof.
4.5 - Access to the Platform
The User must enter their login and password to connect.
They undertake to keep their data confidential and not to disclose it to any person whatsoever.
The User must preserve the security of their password, which will be requested for each log in to their account.
As such, they acknowledge that they are solely responsible for the activity carried out from this account.
The Subscribing Seller and the Exhibiting Seller, who may add one or more Employee/Representative Profiles to their Professional Profile, are responsible for their activity on the Platform and for their full compliance with these conditions.
In the event of loss, the User will click on the "Forgotten Password" tab and follow the procedure indicated.
In the event of non-compliance with these confidentiality and non-disclosure obligations, the Company reserves the right to temporarily or permanently interrupt the User's access, suspending or terminating their account without notice or compensation.
In the event of theft, misappropriation or usurpation of its data, the User shall immediately notify the Company at Supportfirstname.lastname@example.org.
The User's account gives them access to the features related to their category, as set out in article 5.
Any User may delete their account from their Personal Profile, Company Profile or Employee/Representative Profile page, which will automatically delete their personal data.
They may also request to unsubscribe by sending an email to Supportemail@example.com. The Company will then delete their account.
The deletion of a Subscriber's account, at their request or at the Company's behest due to a breach of these terms and conditions, shall not give rise to any reimbursement of the Subscription chosen and/or of additional services.
Article 5-Services provided by the Company (Conditions of Use and Participation)
The Services and Benefits governed by these Conditions are those available on the Company's website www.vinexposium-connect.com.
The Services and Benefits of the Platform are described and presented with the greatest possible accuracy and are offered within the limits of the Company's availability.
Depending on their category, Users have access to the following Services, Tools and Benefits:
5.1 - The Services and Tools provided (Conditions of Use)
5.1.1 For Visitors
All Visitors have access to the Platform's home page, to the list of Subscribing Sellers and/or Exhibiting Sellers, to their Company Pages, to the Subscribers' Products Catalogue, to the news and to the regions page, to the online Event Catalogue, to the Presentation Videos, to the Video Content programme, without nevertheless being able to view them or interact with their author.
5.1.2 For Registered Visitors
All Registered Visitors have access to all Content accessible to the Visitors referred to in article 5.1.1.
They may also view the Content Videos, but without being able to interact with their author or with other Users and access the profiles of other Registered Visitors to whom the Company may have temporarily assigned a role of speaker or moderator.
Visitors may also select Products and Subscribers as favourites. This selection allows the Site to offer Registered Visitors Products and Subscribers that are likely to correspond to their interests.
5.1.3 For Exhibiting Sellers
Non-Subscriber Exhibiting Sellers have access to all the Content accessible to Registered Visitors referred to in Article 5.1.2.
As an exhibitor at a physical exhibition organised by the Company, they also benefit from a "Digital Discovery" offer allowing them to
- create a Company Page from the Back-Office of their Company Profile.
- create access to the Platform for a representative/company employee from the Back-Office of their account. They provide the information required to create the Employee/Representative Profile, which must be validated by the Company, which will send them connection codes. This employee/representative can schedule these ten appointments in person and access the Exhibiting Seller's online agenda.
- to be listed in the VINEXPOSIUM CONNECT catalogue and in the online Event catalogue
5.1.4 For Buyers
The Buyer shall have access to all the Content accessible to Registered Visitors as referred to in Article 5.1.2.
They may contact each Subscriber Seller and/or Exhibiting Seller to schedule meetings at the Company's physical trade shows in which the relevant Seller is registered.
The Buyer may schedule video conferences only with the Subscriber Seller.
5.2 Services provided to Subscribers (Participation Conditions)
The Subscription is reserved for Sellers and implies a payment, the terms of which are detailed in Article 6 hereof.
The services related to the various Subscriptions and additional services are available continuously on the website https://event.vinexposium-connect.com/2022/.
The Seller may subscribe to one of the following two Subscriptions:
5.2.1 - Digital Essential Subscription
The Seller who has subscribed to the Digital Essential Subscription benefits from:
- A Virtual Stand: their Company Page, completed by them, describing their activity, and including logo, texts, photographs, Product Catalogue, tasting notes, news, Presentation Videos, as well as all their contact details, including their website and social networks.
- A Catalogue of Products: the posting of an unlimited number of Products online, with descriptions and photographs.
- A showcase of potential customers, recommendations of Buyers who may suit its market.
- A service to put them in touch with Buyers according to their criteria: chats and videoconferences.
To do so, the Subscriber has a credit of twenty confirmed appointments per videoconference. To monitor their chats and videoconferences they have an online agenda.
- Smart recommendations to Buyers to promote their company and products.
- The right to create access to the Platform for five employees/representatives of their company from the Back-Office of their account. They provide the information required to create their Employee/Representative Profile, which must be validated by the Company, which will send them connection codes.
These employees/representatives will be able to manage the Company Page, participate in chats, video conferences, access the Subscriber's online calendar and make appointments for Events.
- Listing in the VINEXPOSIUM CONNECT catalogue.
If the Subscriber is also an Exhibitor at a physical exhibition organised by the Company, they are also listed in the online Event Catalogue.
5.2.2 - Digital Plus Subscription
In addition to the services provided in the Digital Essential Membership, the Digital Plus Membership provides the Seller with:
- The option of customising their Virtual Booth with an additional video, a main visual and a personalised background.
- A credit of forty confirmed appointments by videoconference, within the framework of the service providing networking with the Buyers.
- A banner ad on key pages of the Platform, such as those related to the Product Catalogue, news, live and replay, etc....
The possibility of creating an access to the Platform for ten employees/representatives of their company from the Back-Office of their account to manage the Company Page and to participate in chats, video conferences or physical meetings on the stand during events. The employee/representative must provide the information required to create the Employee/Representative Profile, which must be validated by the Company, which will send them connection codes. Employee/representative access is provided in accordance with the terms and conditions set out in Article 5.2.1.
If the Subscriber is also an Exhibitor at a physical exhibition organised by the Company, they are also listed in the online Event Catalogue
5.2.3 Additional services
The Seller Subscriber can subscribe to the following additional services:
- A sponsored article: an article related to a theme or a current topic, including information related to their activity or its Products.
This article will be featured on the front page of the Platform's news section.
- A CEO talk: a speech through an interview with their leader, which will be relayed on the Platform's CEO talks series, visible to all Registered Visitors, dedicated to charismatic and inspiring personalities from the sector of wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails.
The interview will be promoted in the monthly newsletters, on social networks and in the "news" and "live/replays" sections of the Platform.
- A masterclass with tasting: 1-hour interactive session, up to 30 participants, 5 samples sent in advance
- A business presentation: a forty-five-minute Video Content intended for the worldwide community of the sector of wine, spirits and other alcoholic and non-alcoholic beverages used in the preparation of cocktails, in which the Subscriber presents their company, their range of Products or any other theme related to said industry.
The Company's teams assist the Subscriber in managing their Video Content project, in choosing the theme, the scenario, the date and time of the live broadcast, as well as in carrying out technical and promotional tasks.
The Company is responsible for the production of the business presentation from pre-recording to the post-production, any translations, and the integration of subtitles in French and/or English.
The business presentation is broadcast live on the Platform and a chat room is available to allow interactive exchanges, with the option of translation into French and/or English of the Buyers' questions and the Subscriber's answers.
The business presentation can also be replayed on the Platform.
The Company also promotes the Subscriber's business presentation by mentioning it in the Platform's monthly program and dedicated communications (monthly newsletter, emailing, posts on social networks, etc.).
- A business presentation including the broadcasting rights: the sharing of the source video file and the exclusive transfer of the broadcasting rights for the Subscriber's use in their own communications is added to this business presentation.
Article 6-Methods of subscription, invoicing and payment of the Services (Conditions of Participation)
6.1-Methods of subscription to the Services
The Services subscribed by the Seller are ordered from the KLIPSO website (https://event.vinexposium-connect.com/2021/) either directly or by redirection from the Platform.
Any order placed by the Vendor implies full and complete acceptance of the general conditions of use of the KLIPSO site (https://event.vinexposium-connect.com/Data/ElFinder/s677/2021/CGV/CGVs-Vinexposium-Connect-GB.pdf) and of these general conditions of use and participation of the VINEXPOSIUM site, which they acknowledge being fully aware of.
The Seller choses first the Subscription matching his needs (Digital Discovery, Digital Essential or Digital Plus), then the additional Services (optional) he wants to benefit from. The chosen Services are displayed in his basket, which can be modified or completed until the validation step.
The Seller checks his order, completes or checks all the information and proceeds to the validation of his order.
The Company notifies by email the good reception of the order, informing the Seller that his order is under process and giving the details of the order.
Once the order is reviewed and accepted, the Seller receives by email a summary of his participation to Vinexposium Connect, then his login and temporary password to connect to the Platform.
The Subscriber will be then able to proceed, from the Back-Office of his account, to the Content updates that the chosen Services are allowing him to do. This online Content will be visible by the other Users.
In case of rejection of the order, the Seller will receive an email notifying him the reasons of the rejection.
Standard and Connect Subscriptions are taken out for a period of twelve months from the date of order approval by the Company unless there are special offers on the Site.
The Services are invoiced on the basis of the price in force on the day of the effective order.
The applicable rate depends on the Subscription taken out by the Seller, the additional services they order and their registration for a physical exhibition organised by the Company such as Vinexpo Shanghai, World Bulk Wine Exhibition Amsterdam, Vinexpo India, Wine Paris & Vinexpo Paris, Vinexpo America & Drinks America, Vinexpo Hong Kong, Vinexpo Meetings and World Bulk Wine Exhibition USA.
The prices of the Services ordered are given in euros excluding tax.
In accordance with the laws and regulations applicable to the Services, prices will be increased by the value added tax (VAT) at the rate in force on the day of the order.
Foreign may be refunded VAT under the conditions defined in articles 242-0 M et seq of the Annex II of the General Tax Code, namely
- For companies in the European Union:
o Submitting a refund request via the electronic portal set up by the State in which the Subscriber is established in accordance with the provisions of Directive 2008/9/EC of 12 February 2008. This operation is carried out in France on the French tax portal: www.impot.gouv.fr.
o A digital copy must be attached, electronically, of the originals of invoices for an amount of more than €1,000 excluding VAT.
Filing the rebate application no later than September 30 of the calendar year following the rebate period.
- For companies outside the European Union:
The relevant Subscribers must designate a fiscal representative in France to complete the formalities, which must be carried out via the electronic portal www.impot.gouv.fr.
6.3-Methods of payment
The validation of the order implies the payment of all the subscribed Services.
The contractually due sums are paid by transfer or cheque, as of the placing of the order by the Seller.
The transfer must be made to the account whose references are mentioned at the ordering stage.
Cheques should be made payable to VINEXPOSIUM CONNECT and sent to VINEXPOSIUM, Service comptabilité, 70 avenue du Général de Gaulle - 92058 Paris La Défense Cedex - France.
In the event of non-payment, the Subscriber's access to their account on the Platform may be suspended or deleted by the Company.
Article 7-Obligations of the User (Conditions of Use)
7.1- Means of accessing the Platform
The User acknowledges that they have the necessary skills and means to access and use the Platform.
They are solely responsible for their internet connection and/or the devices they use to access the Platform.
They acknowledge having checked that the computer set-up used does not contain any virus and that it is in perfect working order.
The User undertakes to take all necessary measures to protect their computer system against any contamination by potential viruses and against any attempt at intrusion by third parties.
The User is responsible for any loss or damage, tangible, or intangible, which results from their use of the Platform.
The Company shall not be liable for any costs associated with the use of the Platform by the User (computer equipment, Internet connection, etc.).
7.2-Information given and proper use
The User uses the information available on the Platform under their exclusive responsibility. They must, if necessary, carry out the necessary checks.
The User undertakes not to infringe the rights of third parties or the image of the Company.
In this respect, and without this list being restrictive, the User undertakes not to:
- impersonate any other person or entity.
- offer or promote any undeclared, unlawful, illegal, or fraudulent activity.
- make unsolicited offers, advertisements, or proposals for purposes other than those provided for in the Services, Tools and Services offered by the Platform, or send spam to other Users.
- defame, harass, abuse, threaten or defraud other Users.
- collect information about the User such as contact addresses or any other personal information to use it for purposes other than those provided for in the framework of the Services, Tools and Benefits offered by the Platform.
- collect, or attempt to collect, contact addresses or other personal information about other Users without their consent.
The User also agrees not to share any content or hypertext link including, but not limited to:
- pornographic, paedophilic, violent, obscene, or seriously offensive content.
- content that infringes the property rights of third parties and/or the Company.
- content that could be qualified as or constitute incitement to commit crimes or offences, discrimination, hatred, or violence, particularly on the grounds of race, ethnicity or nation, apology for Nazism, denial of the existence of crimes against humanity, undermining the authority of the law, defamation, insult, denigration, invasion of privacy, or even the performance of acts endangering minors
- content intended to display prohibited objects or works, messages of a defamatory, rude, insulting, violent nature or contrary to laws in force, messages inciting the consumption of prohibited substances or suicide.
- content containing personal details and information allowing a precise geographical location of an individual and/or messages infringing the rights of others and the security of persons and property in breach of the privacy of correspondence.
- messages enabling third parties to directly or indirectly obtain pirated software, software serial numbers enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any tool or software.
- content with negative or discriminatory connotations (for example, a pseudonym: anti-"X"), of a political, religious, fascist, xenophobic, racist, sectarian, or similar nature, insults, or threats.
- undermining, in accordance with Articles 323-1 et seq. of the French Penal Code, the automated data processing systems implemented for the operation of the Site and the Platform.
The User undertakes to respect the integrity of the Site and the Platform. They shall not hinder or force the functioning of the Site, modify, alter, or fraudulently delete the Content accessible via it and fraudulently introduce data into it.
7.4-Commitments and liability
All Users undertake to comply with these conditions.
The User agrees that no commercial transaction will be carried out on the Platform, which is only intended to facilitate exchanges and to put Subscribers in contact with Buyers, which the User expressly accepts.
The User is solely and exclusively responsible for the information they present and provide to the Company, including that intended for publication on the Platform.
All Users undertake to be truthful and fair in the information they provide, to give precise and accurate descriptions in good faith that do not risk misleading other Users.
All Professional Users guarantee that they are up to date with all their obligations, particularly regarding the exercise of a commercial activity (registration, accounting, social and tax obligations, etc.), the protection of personal data, the fight against corruption and undeclared labour and compliance with the specific standards applicable to their activity.
All Users guarantee that they are the owners of all intellectual property rights relating to the texts, photos, logos, or other material they use, or that they have been authorised by the owner of the rights to use them, in accordance with laws and regulations in force, the Company being held harmless against any liability in this respect, particularly in the event of a dispute with another User or a third party.
As a publisher pursuant to French regulations and case law, the User is solely responsible for the Content they publish. As such, they are personally responsible for any litigation and legal proceedings relating to said Content.
Any User shall hold the Company harmless at first request for any damage, sum, sentence, or costs resulting from a fault on its part.
They hold the Company harmless against any liability claim that may be brought against them due to their misuse of the Platform, such as the violation of a third party's right, including that of another User, whether this loss results from the sale of Products or, more broadly, from any other fact attributable to them.
The Subscriber certifies that the Products they present comply with regulations in force and that they hold all the rights and authorisations to present them in their Product Catalogue.
When posting Products, Seller Subscribers acknowledge and agree that they are solely responsible for the uploading of the Product to the Product Catalogue, its description, the accuracy of the information provided and communications with other Users.
They must regularly update the information provided.
The Subscriber is solely responsible for the proper use of the Services ordered and may not hold the Company liable for any damage resulting from any misuse.
If a User discovers Content that they consider to be manifestly illegal, such as Content that glorifies crimes against humanity, incites racial hatred and/or violence, or concerns child pornography, they shall immediately inform the Company by e-mail at firstname.lastname@example.org or by registered letter with acknowledgement of receipt to the following address Vinexposium, 10 rue Condillac, 33000 Bordeaux.
For the User's notification to be considered by the Company, the User must, in accordance with the provisions of Article 6 I 5° of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, send the following information to the Company
- if the User is an individual: their name, first name, e-mail address.
- if the User is a legal entity: its business name, its corporate structure, its e-mail address.
- the description of the contentious content, its precise location and, as applicable, the e-mail address(es) by which it is made accessible.
- the legal grounds on which the offending content should be removed or made inaccessible.
- a copy of the correspondence addressed to the author or publisher of the litigious information or activities requesting their interruption, withdrawal or modification, or evidence of the fact that the author could not be contacted, except for the offences of apology for crimes against humanity, provocation to commit acts of terrorism and their apology, crimes of enslavement or exploitation of a person reduced to slavery, crimes and offences of collaboration with the enemy, incitement to racial hatred, hatred against persons on the grounds of their sex, sexual orientation, gender identity, ethnicity, religion or disability, as well as child pornography, incitement to violence, in particular incitement to sexual and gender-based violence, and offences against human dignity.
The Company will remove the User Content that has been duly notified to it and the User's account in question will be deleted.
In particular, in the event of a breach of the regulations in force applicable to the Products or non-compliance herewith, the Company reserves the right to suspend or delete the User's account.
In the event of an infringement duly noted by a court decision, whatever its date, the Company may require the User to comply with the decision. Failing this, the Company reserves the right to delete their account.
If the Subscriber fails to pay for their Subscription or additional services, their access to their account may be suspended or deleted by the Company.
In any event, the denial of registration, the suspension, or the deletion of their account and/or their Content will not allow the User to claim any compensation.
The sums already paid for the Services ordered will be kept by the Company. The suspension or deletion of an account does not give the right to a refund.
Article 8- Liability of the Company (Conditions of Use)
The User may only seek the Company's liability after having previously notified it by registered letter with acknowledgement of receipt of the alleged breach within thirty (30) days of the occurrence of the alleged breach.
The Company's liability is limited to facts that are directly attributable to it and that would cause the User direct, real and certain damage, to the exclusion of any indirect damage.
In any event, the amount of compensation may not exceed the amount of the Services subscribed.
The Company undertakes to do all possible to enable networking between Subscribers and Buyers.
Nevertheless, as an intermediary, the Company cannot be held liable for any exchanges, whatever their form or nature, between Users.
It shall not be liable for any actions or inactions of Users such as, but not limited to, violations and/or non-compliance with this Agreement, fraud or deceit by any User against others.
Furthermore, the Company cannot be held liable for events outside the Platform, in particular in the event of the conclusion or non-conclusion of a sale between a User and a Subscriber, and/or in the event of a Subscriber's failure to meet their obligations.
The Company shall use reasonable security measures to avoid intrusions, viruses, hacking.
The Company shall not be held liable in the event of force majeure, network and/or server malfunction, breakdowns, interruptions, difficulties, operating interruptions, external intrusions, computer viruses preventing access to the Platform or to one of its features, or maintenance operations necessary for the smooth running of the Site, or any other event beyond its control, regardless of the extent or duration thereof.
The Company cannot be held liable for any tangible or intangible damage that may result in any way from the connection to the Site.
It shall not be liable for Content posted by Users or for any unauthorised copying, use or distribution by other Users or third parties.
Despite the vigilance shown by the Company, the Site may contain errors or inaccuracies for which it cannot be held liable. The User must carry out all necessary checks and is solely responsible for the use they make of the information available on the Platform.
Article 9-Management of the Platform (Conditions of Use)
The Company shall use its best efforts to ensure that the Platform is accessible.
For the proper management of the Platform, the Company may at any time
- suspend, interrupt or limit access to all or part of the Site or modify its access or certain parts.
- modify, add, delete, update any aspect of the Site.
- delete any information that could disrupt the operation of the site or that contravenes national or international laws or the rules of Netiquette.
- suspend the Site to make updates.
Any User who notices an anomaly or malfunction on the Platform is required to inform the Company at the following address: email@example.com
Article 10-Intellectual Property (Conditions of Use)
The Platform and each of its components, including but not limited to text, trademarks, logos, sounds, music, layouts, media, icons, and more generally, any visual or sound element, with the exception of Content posted by Users (hereinafter the "Intellectual Property Elements"), are protected by intellectual property rights of which the Company is the owner or for which one or more third parties have granted the Company the right of use.
Apart from the cases authorised by law, any reproduction, representation, modification, distribution, adaptation, translation, and/or total or partial transformation, integration into other elements or transfer to another website of all or part of the Intellectual Property Elements without the prior express written authorisation of the Company or of the third parties concerned who hold the intellectual property rights is strictly forbidden.
In such cases, any reproduction that has been expressly authorised must include the following statement: "This document comes from the official Vinexposium website - www.vinexposium-connect.com. Reproduction rights are reserved and strictly limited. In addition, the section consulted, and the date of consultation must appear in the reference.
Any violation of these provisions constitutes an infringement pursuant to the Intellectual Property Code and subjects the offender to the criminal and civil penalties provided for by French law.
Any introduction of data on the Platform, by any process whatsoever, which would modify, or which would be likely to modify the content or the appearance of the Intellectual Property Elements, the presentation or the organisation of the Site or the works appearing on the Site is strictly forbidden.
The Company grants a non-exclusive and non-transferable right to Users to use the Platform in accordance with this Agreement.
Article 11-Use of the Content put online by the Users (Conditions of Use)
The User expressly authorises the Company, free of charge:
- to freely use, represent, distribute, reproduce, adapt, record, edit, translate, and exploit the Virtual Stand, the Content published on the Platform of which it certifies that it is the author or has obtained all necessary authorisations from the latter, as well as the User's interventions for the purposes of its advertising and communication, on all media (in particular online), both in France and abroad, and this for a period of five years as from the date on which the Content is put online.
- to quote and reproduce free of charge its brand or company name as a commercial reference for the purposes of its advertising and communication, on all media (particularly online), both in France and abroad, for a period of five years from the date on which the Content is put online.
The User who does not want all or part of their Content, their Virtual Stand, one of the elements represented therein (logo, brand...) or certain members of their team, to appear on the media used for the promotion of the Platform or the communication of the Company must notify the Company as soon as it is put online at the following address: firstname.lastname@example.org.
As an exception, the Subscriber who subscribes to the additional business presentation service including broadcasting rights has exclusive broadcasting rights for the video produced with the Company's help and broadcast on the Platform.
Article 12-Hyperlinks (Conditions of Use)
Links to a website that disseminates information of an illicit, violent, polemical, pornographic, or xenophobic nature and/or that infringes on the intellectual property rights of a third party and/or that damages the image of the Company and/or the reputation of the Company are prohibited.
Any hypertext link to this Site is prohibited without the Company’s prior written permission. The Company may at any time withdraw such permission and remove the link if the link does not comply with applicable law or if the link does not comply with these and other policies of the Company or its Group.
The Site may contain hypertext links redirecting the User to third-party websites that are not published by the Company. The Company has no control over these sites and cannot be held responsible for the content published on third-party sites or for any damage or loss resulting from browsing these sites.
Article 13-Protection of personal data and cookies (Conditions of Use)
13.1 - Protection of personal data
Pursuant to Law 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, the personal data requested from the User by the Company is necessary to ensure access to the services of the Platform and its proper use.
The Company pays particular attention to the protection of personal data. This is an essential condition of the relationship of trust that the Company wishes to establish with all those who entrust it with their personal data.
The User is invited to consult the personal data protection policy available on the www.vinexposium-connect.com website.
More specifically, in the framework of the use of the Platform, the personal data collected from Users is intended to provide the Platform Services, improve them, and maintain a secure environment.
The uses are the following:
Access to and use of the Platform by the User.
- Management of the operation and optimisation of the Platform.
- Organisation of the conditions of use of the Ordering Services on the KLIPSO website.
- Verification, identification and authentication of the data disclosed by the User.
- Offering the Buyer the option of communicating with the Platform's Subscribers.
- Offering the Subscriber the option of communicating with the Platform's Buyers.
- Forwarding of the Buyer's details to Subscribers likely to be interested in interacting on the Platform.
- Forwarding of the Subscriber's details to Buyers likely to be interested in interacting on the Platform.
- The provision of assistance.
- The personalisation of services by displaying Products based on the browsing history of the Registered Visitor, according to their preferences.
- Sending commercial and advertising information, according to the User's preferences.
- Promotion of the Platform and the physical exhibitions on all communication media.
- Fraud prevention and detection, malicious software, and security incident management.
- Management of potential disputes.
- Sending commercial and advertising information, according to the User's preferences.
- Promotion of the Platform and the physical exhibitions on all communication media.
In accordance with applicable regulations, the User has a right of access, a right of rectification, a right to object to the processing of their data, a right to erasure and limitation of processing as well as a right to the portability of data collected by the Company.
Any such request should be sent to the Company at the following addresses:
• Comexposium-Vinexposium, 70 Avenue du Général de Gaulle 92058 Paris La Défense Cedex.
Any User can delete their account from their Personal Profile page, which will automatically delete their personal data.
They can also ask the Company to delete their account, via: email@example.com .
When the User visits the Site, one or more cookies may be installed on their device.
To find out about the nature of the cookies installed on the Site, the User is invited to consult the cookies policy available on the Site https://virtual-vinexposium.expoplatform.com/privacy-policy.
13.3 - Processing of personal data by Subscribers and Buyers
Within the framework their relationship via the Platform, the Subscriber and the Buyer may be required to collect and process personal data.
They guarantee to the Company that they process this data in compliance with the rights and obligations of Law no. 78-17 of 6 January 1978, amended by Law no. 2018-493 of 20 June 2018.
Article 14 - Invalidity
If one or more of the provisions herein are held to be invalid or declared as such in application of a law, a regulation or following a final court ruling, they shall be deemed unwritten but shall not entail the nullity of the other clauses of these GCPU which shall retain their full force and scope.
The fact that one of the parties fails to avail itself of a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 17-Applicable law - Jurisdiction
These conditions are subject to French law. They are written in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
In the event of a dispute with a Professional User relating to the conclusion, performance, termination, nullity or interpretation of this agreement, the parties shall seek to resolve it amicably, by exchanging written information and/or by meeting physically or remotely, within thirty (30) days of the written notification to the other party of the dispute.
Failing an amicable agreement within this period, the dispute will be submitted, notwithstanding multiple defendants and/or guarantee claims, to the exclusive jurisdiction of the commercial or judicial court of Paris.