PREAMBLE:

Weezevent is a specialist site offering customers the ability of purchasing, directly via its websites, Tickets for Events organised by Event Organisers (hereinafter the “Organisers”).

Weezevent also markets a “cashless” solution with Organisers (hereinafter the “Service”).

This solution does not constitute a payment service nor a digital currency issuance or distribution service for electronic money.

These Standard Terms and Conditions governing Use of the Service (hereinafter the “T’s & C’s of Use”) apply, without any restriction or reservation, to any use of the Service offered by Weezevent to Participants.

The essential features of the Service are presented below and on Weezevent’s Website.

The Participant is required to read these T & Cs before using the Service. Use of the Service is the sole responsibility of the Participant.

Weezevent’s contact details are as follows:
Weezevent, a Simplified Joint Stock Company with capital of €72,212 having its registered office at 14 Rue de l’Est, Dijon (21000), registered with the Registre du Commerce et des Sociétés of Dijon under number 503 715 401, acting through its Chief Executive Officer.

These T & Cs apply to the exclusion of all other conditions, and in particular those that the Organiser could or could present to the Participant. These T & Cs are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in WEEZEVENT’s computer system constitutes proof of all the transactions concluded with the Participant.

The Participant has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by proving his identity, at the following address: WEEZEVENT, 10 Rue Morice in CLICHY (92110).

The Participant declares to have read these T & Cs and to have accepted them by checking the box provided for this purpose before using the Service.

These T & Cs may be subject to subsequent modifications, the version applicable to the Participant is the one in force on the website when the Service is used for the first time for a given Event.

The Participant acknowledges having the required capacity to use the Service offered by WEEZEVENT.

Section 1 : Description and operation of the Service

The “Cashless” Service allows people (hereinafter the “Participants”) who attend an event or who go to a place managed by the Organiser (hereinafter “the Event”) to register units on a Material Support (hereinafter the “Device”) and to make payments before and during the Event, so as to be able to make purchases during the Event at the various points of sale, present at the location or venues of the Event (hereinafter “the Venue”). This Device can only be used with the Organiser and, where applicable, with its Partners, that is to say with people to whom the Organiser has entrusted the task of managing one or more points of sale (hereinafter “the Partners”), for a limited range of goods or services corresponding to a thematic offer, and only for the Event or Events (hereinafter “Season”) that it organises.

These conditions aim to define the respective rights and obligations of WEEZEVENT and the Participants in the context of the establishment and operation of the Service.

Section 1-1 : Use of the Device by Participants

The Device constitutes, as the case may be, the one and only means, the main or one of the means that can be used by the Participants to make purchases at the various points of sale present in the Event Site, said points of sale being managed by the Organiser or by its subcontractors and Partners.

The Device can only be used by the Organiser and only for the Event(s) it organises.

Purchase transactions will be carried out using dedicated terminals. During the purchase operation, the Device will be directly debited for the number of value units corresponding to the value of the purchase.

If applicable, the Virtual Account of Participants who have created one will track the transactions recorded on the Device.

The Device remains in any event independent from the Virtual Account, the latter only being synchronized with the Device in order to track their interactions.

However, unlike the use of the Support for the “Mobile” solution as presented in the section “Cashless” Solution via the Participant’s “mobile” below, it is the Virtual Account that will be taken into account for the number of units that can be used and that have been used by the Participant. To this extent, and in particular in the event of network failure or poor connection to the network of one of the terminals, cases where a QR code could be used several times by the Participant so that the consumption by the Participant exceeds the amounts actually paid. Likewise, if at the request of the Organiser, a point of sale operates only by querying the Virtual Account and without directly debiting the Device for the units corresponding to the purchases made, the Virtual Account will be the proof of the number of units that can be used and have been used by the Participant. To this extent, and in particular in the event of network failure or no connection to the network of one of the terminals, the Device could no longer be synchronised with the Virtual Account, so that the consumption by the Participant becomes greater than the amounts already paid.

Section  1-2 : Setting up a Virtual Account before an Event

Participants who wish to credit their Device before an Event have the possibility of creating a personal space (hereinafter the “Virtual Account”). To set up a Virtual Account, they should go to any communication media of Organiser that is compatible with the Service, in particular the Website(s) or the mobile application of the Event, and identify themselves using the number on their access pass, typically the barcode on the ticket (hereinafter the “Access Pass”). 

The Virtual Account is personal to each Participant, who may only set up one Virtual Account with their ticket.

The Participant’s Virtual Account may then be credited with funds, in the accepted currency, which are intended to be spent at the Venue.

The amounts paid by Participants before the Event are collected directly by Weezevent in respect of the sale transaction entered into between Participants and Weezevent pursuant to the provisions of the Section ‘Sales mechanism in an Online Top-Up context with Weezevent’ and are deposited into an account opened in the name of Weezevent with a bank (hereinafter the “Weezevent Account”), or directly collected by the Organiser under the sale transaction concluded between the Participants and the Organiser in accordance with the provisions of the Section ‘Sales mechanism in an onsite Top-Up context to the Organiser’.

Payments by Participants will be made using all the technical devices that can currently be reasonably used to ensure the security of transactions and through recognised operators.

The transaction data will be recorded in Participant’s Virtual Account located on a Weezevent server, each transaction made by Participant being recorded immediately.

Section 1-3: Supply of a Device to a Participant who has set up a Virtual Account and system via their “mobile”

Section 1-3-1: “Cashless” solution via use of a Device

At the entrance to or within the Event Venue, upon presentation of their Access Pass, each Participant having set up a Virtual Account before the Event will be given a Device, typically but not always, a plastic card or a wristband, containing an NFC chip.

The Device is personal.

A number of units corresponding to the sums paid to the Organiser or Weezevent before the Event will be loaded on the Device. These units can be expressed in GBP or another unit of value chosen by the Organiser.

The Device is synchronized with the Virtual Account, which will record all debit and/or credit transactions. This synchronization will take place either in real-time or on a deferred basis depending on the telecom network access of the point-of-sale terminals.

The Devices will remain independent of the Virtual Account under all circumstances, the latter being merely synchronized with the Devices to track movements. 

Section 1-3-2: “Cashless” solution via Participant’s “mobile”

If so decided by the Organiser, the Cashless Service can be set up without having to use a Device via a Participant’s smartphone. Making a purchase via the Participant’s smartphone is exclusive of the use of the Device referred to in the section “Cashless” Solution via the use of a Device. It necessarily requires the creation of a Virtual account retracing the operations carried out by the Participant. Also, the Participant who has decided to activate their Device will not be able to make purchases via their smartphone.

The “mobile” solution works in the same way as that described in the section Use of the Device by Participants, not having created a Virtual Account hereof concerning the use of a Device. A Participant wishing to make purchases will have to scan a QR CODE appearing on their mobile to make the said purchases, the Virtual Account then being debited by the number of units corresponding to the purchase made.

Section 1-4: Use of a Device by Participants who have not set up a Virtual Account

If the Organiser allows it, Participants who have not set up a Virtual Account may make purchases at the Event Venue by obtaining a Device at one of the counters in the Venue provided for that purpose by the Organiser. 

The Device will operate independently. 

When a Device is provided to a Participant, units of value corresponding to the amounts paid by a Participant to the Organiser will be loaded on to the Device, subject to the fees referred to in the Section ‘Activation and Refund fees’ and under the sole responsibility of the Organiser.

The Organiser will have sole responsibility for collecting the amounts paid by a Participant, Weezevent playing no role in the money remittance transaction. 

Section 1-5: Topping Up Devices

Participants may top up their Device, either via a Remote Top-Up, or via a Counter Top-Up.

The Device cannot contain a number of units in excess of the equivalent of £250.

However, the Organiser shall be free to provide for a higher or lower top-up capacity for the Device upon giving instructions to Weezevent.

Section 1-5-1:  Counter Top-Up

A Counter Top-Up shall be made directly with the Organiser at a counter present at the Event Venue, based on the payment method chosen by the Organiser, typically by payment card, or in cash (herein referred to as a ‘Counter Top-up’). Regardless of the top-up method used, the amounts paid by Participants are paid directly to the Organiser, under its sole responsibility, without transiting through the Weezevent Account. A number of units corresponding to the top-up will be loaded on the Device under the sole and entire responsibility of the Organiser who indemnifies Weezevent against any recourse in the event of human error, misuse, theft or fraud. 

Participants who have set up a Virtual Account will be credited for the amount topped up.

Section 1-5-2: Remote Top-Up

If the Organiser has provided for this option and if internet access conditions allow, Participants may top-up their Device online by using their smartphone, for example, and credit the desired number of units by using their bank payment card or any other means of payment authorised by the Organiser.

A Remote Top-Up requires Participant to have set up a Virtual Account under the same conditions as indicated in the Section ‘Creation of a Virtual Account before an Event’.

Similarly, if the Organiser has provided for this option and if the Participant chooses to do so, an automatic online top-up system will permit the Participant to credit their account automatically by a predefined amount once the number of units on their account fall below a previously defined threshold. The top-up agreed to by the Participant will be effective once the Participant’s bank has been queried, the credit only becoming effective once authorisation has been received to debit the Participant’s bank account. 

Section 1-5-3: Top-Up in a “mobile” solution context

Participants who have set up a Virtual Account and have opted for the cashless solution via their smartphone will only be able to make a Remote Top-Up.

Participants will thus be able to credit their Virtual Account by making an online payment under the conditions set out in the Section ‘Creation of a Virtual Account before the Event’. The Virtual Account will track this top-up operation.

Section 1-6: Specific features of the Service

The Organiser has the option of agreeing with Weezevent on a specific configuration of the Service. In particular the Organiser may remove certain features, introduce restrictions or create new features. Accordingly, the description of the Service as set out in the Section ‘Description and operation of the service’ is only intended to describe the general features of the Service. 

For the avoidance of doubt, the Service is configured by Organiser directly, with the result that Weezevent disclaims any and all liability for any configuration of the Service that may infringe applicable laws or regulations.

Weezevent accordingly invites Participants to go to any communication media of the Organiser, in particular the website(s) or the mobile application of the Event, or to contact the Organiser to find out more about the operation of the Service and any specific operating methods chosen by the Organiser.

Section 2: Conclusion of sales

In the context of the “Cashless” solution implemented by Weezevent, sales of goods or services will be concluded either directly between the Participant and the Organiser or its Partners, or between Weezevent and the Participant.

Section 2-1: Sales mechanism in a Top-Up context with the Organiser

In the event of a Top-up with the Organiser, whether the Participant uses a Device or his smartphone, the sales of goods or services are concluded from the moment of the top-up between the Participant and the Organiser, the top-up operation materializing the agreement between the Participant and the Organiser on the supply of goods or services offered at the Venue by the Organiser. The Participant will therefore pay the price of the goods or services that are consumed at the Event Venue prior to their delivery or provision by the Organiser or one of its Partners.

The choice of the goods or service acquired, and paid in advance by the Participant to the Organiser, is made by the Participant when they go to one of the points of sale present at the Venue. It is at this time that the Organiser delivers the chosen good or provides the service chosen by the Participant, provided that the Participant has previously paid the price of the service or the good, that is to say subject to that the Participant benefits from a number of units allowing this operation to be carried out.

In the context of a Top-up with the Organiser, WEEZEVENT remains a third party to the transaction for the sale of goods or the provision of services concluded directly between the Organiser and the Participant.

Section 2-2: Sales mechanism in an Online Top-Up context with Weezevent

In the case of a Remote Top-up or a top-up before the Event (hereinafter “Top-up with the Organiser”), whether the Participant uses a Device or their smartphone, a sales contract covering the goods or services available in the Venue is directly concluded between the Participant and WEEZEVENT, which acts as seller within the framework of this relationship.

The top-up operation consequently materialises the agreement between WEEZEVENT and the Participant regarding the supply by WEEZEVENT, or by any person it substitutes, of the goods or services offered at the Venue. By topping-up, the Participant pays WEEZEVENT the price of these goods or services before their delivery to the points of sale present for this purpose.

As soon as the Participant goes to one of the points of sale present at the Venue and orders a good or a service, WEEZEVENT transfers to the Organiser its capacity as contractor and all the rights and obligations arising from the sales contract binding it to the Participant.

Consequently, the Participant now authorises WEEZEVENT to transfer to the Organiser the contract for the sale of goods or the provision of services between WEEZEVENT and the Participant in respect of the Top-up with WEEZEVENT. To this end, it is already noted that prior to the conclusion hereof, the Organiser has agreed to substitute WEEZEVENT in the rights and obligations drawn from the sales contracts concluded between WEEZEVENT and the Participants.

Section 2-3: Responsibility in relation to sales

In accordance with what has just been indicated, WEEZEVENT can in no way be held liable under the sales contracts concluded with the Participants, said contracts being either concluded between the Organiser and the Participants within the framework of a Top-up with the Organiser or concluded with WEEZEVENT in the case of Topping-up with WEEZEVENT. In the latter case, WEEZEVENT will transfer its capacity as selling party to the Organiser, who will perform the contracts in its own name and for its own account.

Consequently, it is expressly agreed and accepted by the Participant that it is the Organiser who will have to assume all responsibility for the execution of said contracts (safety, conformity, hidden defects, defective products, impossibility of delivering within the in the case of click & delivery, non-withdrawal of products and services in the case of click & collect, etc.), WEEZEVENT only temporarily endorses the legal status of co-contracting party in order to allow top-ups, WEEZEVENT having no specific vocation to supply goods or services within the Event Venue.

Section 2-4 : Pricing

The goods and services acquired by the Participant are provided at the rates in effect within the Event Venue and decided by the Organiser and or its Partners.

These prices do not include any activation, top-up or refund fee which will be decided by the Organiser and which will be deducted from the number of units acquired.

The payment requested from the Participant corresponds to the total amount of the purchase, including these costs.

Section 3: Features of the Devices

Section 3-1: General features of the Devices

The Device shall constitute, as the case may be, the sole, the main or one of the means that can be used to make purchases from the Organiser at the Event Venue.

Subject to exceptions, the Devices are handed over to Participants at the Event location. Unless otherwise decided by the Organiser, they shall remain the sole and exclusive property of the Organiser.

Participants shall, upon being handed over the Device, check that it works correctly and inform the Organiser of any malfunction as promptly as possible, to enable them to replace any defective Device.

Participants are responsible for the safekeeping of the Devices during the entire Event. To that end, Participants shall use the Devices as per the instructions given to them to avoid damaging them.

In case of loss of a Device by a Participant, Weezevent shall be under no duty to refund the Organiser or a Participant.

However, if a Participant has set up a Virtual Account, and if requested by the Organiser, it may be possible to provide a Participant a replacement Device containing the same number of units as the previously deactivated first Device. To deactivate the first Device, the latter must first come into contact with a terminal that is connected to the internet to be deactivated. This being the case, between the time the Device is lost and is effectively blocked, units may be debited from it, in particular in case of fraudulent use of the lost Device. The second Device will only be credited with the balance of the units available on the first chip at the time it was effectively blocked.

The Devices do not require a password or a PIN code. Participants remain fully responsible in case of loss or theft of their Device and in particular fraudulent use by a third party. Weezevent accordingly disclaims any and all liability in case of fraudulent use of a Device by an unauthorized person. In case of theft or loss, Participants are invited to immediately inform the Organiser in view of deactivating the Device.

Section 3-2: Activation and refund fees

As part of the implementation of the “Cashless” solution, the Organiser has the possibility of asking Weezevent to apply an activation fee, which will not be refundable following the Event. The activation fee charged by the Organiser to the Participant is deducted from the amount of the units of value that may be consumed at the Venue and corresponds to the invoicing of the “cashless” Service offered to Participant:

• Use of a Device for ordering and paying online or at a counter goods or services that will subsequently be consumed at the Venue;
• Retention of the Device by Participant;
• Benefits of using the “cashless” solution enabling all concerned to avoid the pitfalls associated with many people being gathered together (cash register errors, loss of means of payment, online monitoring of consumption, etc.).
  

Likewise, the Organiser may request the setting up of refund fees to be deducted from the sums to be returned to the Participants at the end of the Event, the refund operations requiring the installation of significant technical and human resources.

The decision to invoice these costs (activation and refunds) is the sole responsibility of the Organiser. It is also recalled that WEEZEVENT does not collect these funds. Consequently, the Participant irrevocably waives any recourse against WEEZEVENT concerning the charging of these costs or concerning their return.

Section 4: “Cashless” solution via Participant’s smartphone 

Section 4-1: Loss of smartphone by a Participant

The Participant is responsible for the safekeeping of their smartphone and Weezevent disclaims any and all liability for any fraudulent use made of a smartphone by an unauthorised person. In case of the loss of a smartphone by a Participant, Weezevent shall be under no duty to refund the Organiser or the Participant.

Section 4-2: Maximum top-up capacity of the Device

The use of the “cashless” solution via a Participant’s smartphone may not result in the latter holding a number of units in excess of the equivalent of £250.

However, the Organiser shall be free to agree with Weezevent on a higher or lower maximum top-up capacity for the Devices.

Section 4-3 : Activation fees and Refund fees

As with the use of the Devices, the Organiser may ask Weezevent to apply an activation fee to the use of the solution via Participant’s smartphone. Activation and refund fees will not be refundable following the Event.

Section 5: Non-transfer of units of value by Participants between their respective Virtual Accounts and/or their respective Devices

Virtual Accounts and Devices are personal to each Participant. These tools are intended to enable a Participant to make purchases from the Organiser alone.

Virtual Accounts and/or Devices may in no way be used to make transfers between Participants, in particular transfers of units of value.

It is therefore not possible to transfer units of value between the respective Devices of Participants. Similarly, Participants may not make transfers to each other via their respective Virtual Accounts, if they have one.

Section 6: Modification and cancellation of the Event – Allocation of unused units of value – Reimbursement of the Participant at the end of the Event

Section 6-1: Modification and cancellation of an Event

All Participants will be informed of any cancellation of an Event, its rescheduling or any substantial change made by the Organiser or by Weezevent, provided Weezevent has previously been informed by the Organiser. Indeed, WEEZEVENT is only a technical service provider and accepts no responsibility for the organisation of the Event.

In such cases, an Organiser may decide to refund any amounts that have been paid by Participants to Weezevent before the Event.

Weezevent shall make this refund if and to the extent that Weezevent is still in possession of sufficient funds to carry out such refunds, it being borne in mind that Weezevent only ensures the sale of goods and services to Participants to the extent such sales are fulfilled by the Organiser.

By using the Weezevent Service, the Participant expressly waives any remedy or recourse against Weezevent in connection with any such refunds. Weezevent shall, however, take all reasonable measures to enable Participants to obtain a refund from the Organiser.

It is recalled that any decision to cancel, postpone or modify an Event is the sole responsibility of the Organiser and that WEEZEVENT cannot replace the latter.

In any event, WEEZEVENT cannot be held liable for the reimbursement of units resulting from a top-up or payment to the Organiser, an operation in which WEEZEVENT is a fully third party.

Section 6-2 : Organiser’s choice concerning unused units of value

The Organiser alone shall determine the allocation of units that remain unused at the end of an Event. Depending on this policy, Participants may request a refund of such units, donate the remaining balance to the Organiser, to a partner or charitable organisation, transfer those units for the Organiser’s next event or events, etc.

Participants are invited to contact the Organiser directly, via any communication media of Organiser (i.e. Website of the Event, mobile application of the Event, posting at the Event Venue. etc.) to find out what choice has been made by the Organiser, specifically as concerns any possible refund process for the Event they will be attending.

Participants release Weezevent from any and all responsibility or liability in connection with any possible refund, such refund being decided upon by the Organiser and a legal obligation, the sales being perfected from the top-up operations and the amounts paid to Weezevent and/or to the Organiser not legally qualifying as a down payment or deposit in respect of a transaction that can be rescinded by either Party. It is therefore the Participant’s responsibility to only make top-ups for goods and services they actually intend to consume at the Event or Venue, any payment being deemed final.

Section 6-2-1 : Refunding Participants at the end of an Event

The decision to refund Participants at the end of the Event, or not, is made by the Organiser alone. As regards refunds, Weezevent will merely apply the policy decided upon by the Organiser.

In case of a refund, Participants who have not used all of the units loaded on their Device at the end of an Event and whose Device shows a balance of at least £0.50 may obtain a refund under the conditions set forth below.

Section 6-2-2 : Refund to Participants at a Counter

The refund of Participants by the Organiser is in principle made by WEEZEVENT in the name of and on behalf of the Organiser via the Virtual Account. However, the Organiser has the option of requesting a refund to be set up at the Counter within the Event Venue.

In this context, Participants must go with their Device to the aforementioned Counter for a refund. The Organiser will remit under its sole responsibility the sum corresponding to the units of value still registered on the Device

The Device and, where applicable, the Participant’s Virtual Account, will be debited for the said amount.

Section 6-2-3 : Setting up a Virtual Account in view to get a Refund

WEEZEVENT will only be able to refund Participants who have created a Virtual Account. Participants who have not created a Virtual Account will need to create a Virtual Account in order to be able to request a refund.

Section 6-2-4 : Refund request

Any refund request from a Participant must reach Weezevent within 7 days after the end of the Event, or within the time limit previously agreed between Organiser and Weezevent and communicated by the Organiser to Participants.

To obtain a refund, the Participant should provide their bank account details (BBAN/IBAN) or their bank payment card number, which must necessarily be in the same currency as the currency of the top-ups made by the Participant and in respect of which the account-holding institution is located in the same geographic banking zone .

Weezevent shall refund Participants within 30 days following the Event, subject to having sufficient funds to carry out the refund, provided the amount of the refund requested by the Participant does not exceed the amount of the Online Top-Up. It should be remembered that Weezevent does not carry out refunds using its own funds but only with the funds available to it on the basis of Online Top-Ups, which are intended for remittance to Organiser.

Where applicable and subject to the same reservation, the refund period may be extended at the request of the Organiser. WEEZEVENT therefore invites Participants to check with the Organiser to find out the refund deadlines.

Section 6-2-5 : Donations

Provided the time limit laid down by the Organiser in which to request a refund has passed, any failure to request a refund shall result in a donation by the Participant to the Organiser, in respect of which the Participant acknowledges being fully informed.

The acceptance of this clause is decisive in the conclusion of this Contract. The Participant knowingly declares that he wishes to donate any remaining units of value registered on his Support at the end of the Event and for which he has not made any request for reimbursement within the period set by the Organiser.

Section 7: Suspension of the Service in case of legitimate doubt

WEEZEVENT reserves the right to refuse the execution of an operation in the event of legitimate doubt. The operations concerned are in particular refunds to Participants or certain top-ups or payment operations. WEEZEVENT may refuse such requests:

• In the event of any doubt as to the existence of a funds in the bank account of the Participant wishing to carry out a remote top-up;
• In the event of a material error (for example: incorrect identifiers, invalid one-time password);
• In the event of a refund request to a bank account that is not the one registered by the Participant when creating their Virtual Account;
• In case of doubt about the beneficiary of the funds or about the person requesting the execution of a transaction. It is recalled that the Service may not be used for fraudulent purposes, fraud or money laundering.
  

In the event that WEEZEVENT refuses to carry out an operation, for any reason whatsoever, it will inform the Participant by any means of communication within a reasonable period of time.

Section 8 : Disclaimer

It is recalled that within the framework of the implementation of the Service, WEEZEVENT acts as the supplier to the Organiser and on the latter’s instructions.

The Organiser undertakes, within the framework of the verification procedures carried out by WEEZEVENT, to transmit any document attesting to the holding of the Event and the seriousness of the Organiser: rental contract, alcohol license, proof of address of the person in charge or identity document of the Organiser, etc.

Thus, WEEZEVENT can in no way be held responsible for:

• An inadequacy of the Service to the needs of the Organiser;
• Cancellation, postponement or substantial modification of the Event, said decisions being the responsibility and choice of the Organiser, WEEZEVENT cannot replace the latter;
• Poor or lack of communication by the Organiser on the operation of the Service and the options selected, in particular in terms of refund policy (absence of refund, deadlines, etc.);
• Inability of the Organiser to make refunds: WEEZEVENT will do everything possible to ensure that the Organiser makes the refunds it has undertaken to make. However, WEEZEVENT cannot replace it and the Participants will not benefit from any direct right to recovery against WEEZEVENT;
• More generally, the smooth running of the Event and the proper performance of the Organiser’s obligations, particularly in the context of its obligations arising from the operation of the Service;
• The necessary administrative and fiscal procedures and the payment of all related taxes and duties which are incumbent on the Organiser.

Section 9 : Right of Withdrawal

To the extent permitted under applicable law, the service provided by the Organiser involves a leisure activity to be provided at a defined date or period, Participants do not benefit from any right of cancellation in the context of their use of the Service.

Section  10 : Force majeure

It is recalled that WEEZEVENT uses all the technical devices that can currently be reasonably used to ensure the continuity of its Service, also WEEZEVENT cannot be held liable if its server or the server (s) on which the necessary data are stored are unavailable for reasons of force majeure such as in particular failure of the public electricity network, strike, storms, wars, earthquakes, failure of the public telecommunications network, loss of Internet connectivity due to public and private operators on which WEEZEVENT depends.

WEEZEVENT’s obligations will be suspended during the Event constituting a case of force majeure and the suspension of the obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages and interest or penalties for late payment.

This clause is considered essential and decisive of the consent of WEEZEVENT.

Section 11 : Hardship

The Parties agree to assume their obligations even if the contractual balance is upset due to circumstances that were not foreseeable upon the conclusion hereof, even if the performance of such obligations entails hardship and agree to bear any economic and financial consequences.

Section 12 : Specific performance in specia and proportional reduction in the price

The Parties agree that in the event of a breach by either Party of its obligations, the Party that is the victim of the default may not request enforcement thereof.

In the event that either Party fails to fulfill its obligations, the Party that is the victim of the default may not have the obligation itself performed by a third party, at the expense of the defaulting Party. The Party victim of the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract in accordance with the terms defined in the section below ‘Termination of the contract’.

Furthermore, the Parties waive their right to avail themselves of the provisions of a proportional reduction in the price in the event of imperfect performance of the obligation.

Section 13 : Service interruption – A Reminder of intrinsic characteristics of telecom networks

The Participant considers themselves fully informed of the risks inherent in the use of telecommunications networks, even if WEEZEVENT uses all the security standards capable of ensuring a high level of security and reliability (https, ssl certificate, etc.)

It is recalled that the transmission of data by communication networks only benefits from relative technical reliability:

• Data circulating on the Internet is not protected against possible misappropriation;
• The provision of software connected to communication networks may be subject to intrusion by unauthorised third parties and computer offenses;
• The technical capacities of the networks are such that in certain places and at certain times of the day, Internet access can be saturated (poor telephone connection, insufficient modem, insufficient bandwidth, saturation of the node, etc.)
  

As a result of the above and with full knowledge of WEEZEVENT’s Services, the Participant waives any liability for WEEZEVENT in connection with one of the facts or events mentioned above.

It is also recalled that the WEEZEVENT Service may be subject to interruptions, scheduled or not, made necessary for the proper functioning of it, in particular for reasons of maintenance, security or storage management. In the event of a scheduled interruption of the Services, WEEZEVENT undertakes to do its best to schedule said maintenance operations so that they take place outside the normal operating hours of the Service and its accessibility to Participants and the Organiser (ie generally at night, after the Event), in order to minimize their consequences on the accessibility of the Service. Any unplanned and non-faulty interruption of services cannot be the responsibility of WEEZEVENT. In the event of such a case of force majeure, WEEZEVENT undertakes to do everything possible to restore the services as soon as possible.

Likewise, the Participant undertakes to inform WEEZEVENT if they become aware of or notice a malfunction of the WEEZEVENT Services.

Section 14 : Personal data

The personal data communicated by the Participants is only provided for the purpose of enabling the use of the Service. This information allows WEEZEVENT, where appropriate, to contact the Participants, for example in the context of refund requests or in the event of cancellation or modification of the date, time or location of an Event, etc. Participants have the right to access and rectify data concerning them at any time in accordance with GDPR Regulations.

Participants may also object to the use of their contact details each time contact is made to them by WEEZEVENT.

By validating these T & Cs, the Participants agree that WEEZEVENT will send their personal data to the Organiser and to its own relevant subcontractors. It is recalled that it is the Organiser who informs WEEZEVENT regarding the data that they intend to obtain. Any use of the Service therefore constitutes recognition of the transmission of the information provided to the Organiser. In accordance with legal provisions, the transmission of data is necessary for the proper functioning of the Service. This data may be communicated to any WEEZEVENT partners responsible for the execution, processing, management and proper functioning of the Service.

As such, WEEZEVENT cannot be held responsible for any use that may be made of this data, but it will ensure that the Organiser and its own subcontractors comply with the provisions of the GDPR Regulation.

Request in writing to: WEEZEVENT – 10 Rue Morice – 92110 Clichy.

Section 15 : Intellectual property

The content of the WEEZEVENT website is the property of WEEZEVENT and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense.

In addition, WEEZEVENT remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc, made for the provision of the Service. The Participant therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of WEEZEVENT, which may make it conditional on financial compensation.

Section 16 : Termination of the contract

The following are not grounds for termination:  

• An increase in price;
• Unpredictability;
• Force majeure.
  

The termination of the contract can only be made in the event of proven fault by one or the other of the parties, it being understood that these constitute grounds for resolutions, in particular the following facts:

• Default in payments;
• Use of the Service by the Participant outside of these terms of use (fraud, money laundering, etc.)

It is expressly understood that this resolution for failure of a party to fulfill its obligations will take place as of right, the formal notice resulting from the sole fact of the non-performance of the obligation, without warning, or execution of formalities.

Section 17 : General provisions

The Parties expressly agree that the debtor of a payment obligation hereunder shall be deemed to have been given formal notice upon and by virtue of the payment becoming due and payable.

The services exchanged between the Parties from the conclusion of the contract and until its termination having found their usefulness as and when the reciprocal execution thereof, will not give rise to restitution for the period prior to the last one that has not received its counterpart.

In any event, the injured Party may seek damages in court.

Section 18 : Applicable Law & Language

These T&Cs and the operations resulting from them are governed and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Section 19 : Disputes

All disputes to which transactions concluded pursuant to these T & Cs may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between WEEZEVENT and the Participant will be submitted to the competent courts under the conditions of common law.

In the event of a dispute with an Organiser, customer services can be contacted by email at: support@weezevent.com.

Section 20 : Pre-contract information – Acceptance by the Participant

The Participant acknowledges having had communication, prior to the conclusion of the contract and before any top-up, purchase or payment, in a readable and understandable manner, of these T&Cs and in particular the following information:

• The essential characteristics of the Service, taking into account the communication medium used and the Service concerned;
• The price of the Services and related costs being reminded that said Service is not invoiced by WEEZEVENT with regard to the Participants and that the price of the goods and services offered by the Organiser are available at the Event Venue and / or on any Organiser’s communication medium;
• In the absence of immediate execution of the contract, the date or the deadline at which the Service Provider undertakes to provide the Services ordered;
• Information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if it does not appear from the context;
• Information relating to legal and contractual guarantees and their implementation methods;
• The functionalities of the digital content and, where applicable, its interoperability;
• The possibility of resorting to conventional mediation in the event of a dispute;
• Information relating to the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the terms of termination and other important contractual conditions;
• Means of payment accepted.

The Participant declares to adhere to and fully accept these T & Cs and, in particular, to waive any contradictory document which would be unenforceable against the Service Provider. The data recorded by WEEZEVENT is authentic and constitutes proof of all past transactions. They also accept the Organiser’s general conditions which may have been sent separately, which supplement these conditions.

WEEZEVENT is a company that offers Event Organisers an online event ticketing, access control, CRM and CASHLESS solution for Events.

Name : SAS WEEZEVENT

Head Office : 14, rue de l’Est, 21000 Dijon

Address : 10 Rue Morice – 92110 Clichy.

Legal representative : Pierre-Henri DEBALLON

Director : Pierre-Henri DEBALLON

Website host : AMAZON

Share capital : 72 212,00 €

RCS : 503 715 401 00017

VAT N°  : FR93503715401

Telephone : 01 86 65 24 00

June 21th 2017, updated March 29th 2019, updated July 23th 2021