General Terms and Conditions of Sale – WeezPay
Weezevent is a specialist website offering clients (hereinafter the “Participants”) the possibility of purchasing, directly via its websites, Tickets for Events organized by Event Organisers (hereinafter the “Organisers”).
Weezevent also markets a “cashless” solution with Organisers (hereinafter the “Service”). This solution is neither a payment service nor a digital currency issuance or distribution service. 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. Participants are required to familiarize themselves with these T’s & C’s of Use before using the Service. Participants use the Service at their own risk.
Weezevent’s contact details are as follows: Weezevent, a Société par Actions Simplifiée 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’s & C’s of Use apply to the exclusion of any other terms and conditions, in particular any terms and conditions that may have been presented by Organiser to the Participant. These T’s & C’s of Use can be viewed at any time on the Website, and prevail over any other version or any contradictory document.
The Participant represents having read and understood these T’s & C’s of Use and having accepted them by checking the box provided for that purpose before making any use of the Service. These T’s & C’s of Use being subject to change, the version applicable to Participant is that in effect on the Website upon first use of the Service for a given Event. Participant represents having the necessary capacity to use the Service offered by Weezevent.
Section 1: Description and operation of the Service
Event Organisers have the possibility of organizing at the location(s) of their Event (hereinafter the “Venue”) a “cashless” Service enabling Participants to load units of value on a tangible Device, before and during an Event, in order to be able to make purchases during the Event from Organiser and, where applicable, the latter’s partners, meaning from persons to whom Organiser has entrusted the management of one or more points of sale (hereinafter the “Partners”). The Device shall constitute, as the case may be, the sole, the main or one of the means that can be used by Participants to make purchases at the different points of sale at the Venue, and is only usable with Organiser and its Partners, for a limited range of goods or services corresponding to a thematic offering, and only for the Event(s) organized by Organiser.
The purpose of these T’s & C’s of Use is to define the respective rights and obligations of Weezevent and of Participants in the framework of the implementation and operation of the Service.
Section 1–1: Use of the Device by Participants
The Device shall constitute, as the case may be, the sole, the main or one of the means that can be used by Participants to make purchases at the different points of sale at the Event Venue, such points of sale being managed by Organiser or the latter’s Partners.
The Device may only be used with Organiser and only for the Event(s) organized by the latter.
All purchases shall be made using a dedicated terminal. During the purchase transaction, the Device will be directly debited by a number of units corresponding to the value of the purchase.
If a Participant has set up a virtual account, the virtual account will track the transactions recorded on the Device.
The Devices will remain independent of the virtual account under all circumstances, the latter being merely synchronized with the Devices to track movements.
Section 1–2: 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 Section 2–2 below and are deposited into an account opened in the name of Weezevent with a bank (hereinafter the “Weezevent Account”).
Payments made to the Weezevent Account by Participants can only be made online, Weezevent using all of the technology that can reasonably be used at this time to ensure the security of the transactions via reputable 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 his/her “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 (hereinafter the “Device”).
The Device is personal.
A number of units corresponding to the amounts paid to Weezevent before the Event will be loaded on the Device. These units can be expressed in GBP or another unit of value chosen by 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 Organiser, Weezevent may implement its cashless Service without having to use a Device via Participant’s smartphone. If a Participant makes a purchase via his/her smartphone, then Participant may not use the Device referred to in Section 1−2−1. Setting up a Virtual Account recording the transactions made by Participant is a strict requirement to make purchases via a smartphone. Also, if Participant decides to activate the Device, then Participant will no longer have the possibility of making purchases using his/her smartphone.
The “mobile” solution works in the same manner as described in Section 1–4 where the use of a Device is concerned: a Participant who decides to make a purchase will be required to scan the QR CODE displayed on his/her mobile to be able to proceed with his/her purchase, and his/her Virtual Account will be debited by the number of units corresponding to the purchase made.
However, unlike the case of use of the Device, it is the Virtual Account which authoritatively determines the number of units that can be or have been used by Participant. Accordingly, and specifically in case of network failure or absence of connection to the network of one of the terminals, a QR CODE may be used by a Participant more than once on an exceptional basis, and may result in a Participant consuming more than the amounts effectively paid.
Participant hereby authorizes Weezevent and/or Organiser to true-up the payment by debiting his/her bank account, in the exceptional situation where Participant’s consumption exceeds the units purchased, in view of the technical constraints referred to above.
Section 1–4: Use of a Device by Participants who have not set up a Virtual Account
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 Organiser.
The Device will operate in a completely independent way.
When a Device is provided to a Participant, units of value corresponding to the amounts paid by Participant to Organiser will be loaded on the Device, subject to the fees referred to in Sections 3–2 and 2–4 hereof.
Organiser will have sole responsibility for collecting the amounts paid by Participant, Weezevent playing no role in the money remittance transaction.
Section 1–5: Topping Up Devices
Participants may top up their Device, either via Remote Top-Up, or via Counter Top-Up.
The Device cannot contain a number of units in excess of the equivalent of £250.
However, Organiser shall be free to provide for a lower maximum top-up capacity for the Device.
Section 1−5−1: Counter Top-Up
A Counter Top-Up shall be made directly with Organiser at a counter present at the Event Venue, based on the payment method chosen by Organiser, typically by payment card, in cash or by check. Regardless of the top-up method used, the amounts paid by Participants are paid directly to 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.
Participants who have set up a Virtual Account will be credited for the amount topped up.
Section 1−5−2: Remote Top-Up
If Organiser has provided for this option and if internet access conditions so allow, Participants may top-up the 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 authorized by Organiser.
A Remote Top-Up requires Participant to have set up a Virtual Account under the same conditions as indicated in Section 1–2 above.
Similarly, if Organiser has provided for this option and if Participant chooses this option, an automatic online top-up system will permit Participant to credit his/her account automatically by a predefined amount once the number of units in his/her account fall below a previously defined threshold. The top-up agreed to by Participant will be effective once Participant’s bank has been queried, the credit only becoming effective once authorization has been received to debit 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 a transfer to the Weezevent Account under the conditions set forth in Section 1–2 above. The Virtual Account will track this top-up operation.
Section 1–6: Specific features of the Service
Organisers have the possibility of agreeing with Weezevent on a specific configuration of the Service. In particular, Organiser may eliminate certain features, introduce restrictions or create new features. Accordingly, the description of the Service provided in Section 1 hereof 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 Organiser, in particular the Website(s) or the mobile application of the Event, or to contact Organiser to find out more about the operation of the Service and any specific operating methods chosen by Organiser.
Section 2: Conclusion of sales
In the context of use of the “cashless” solution implemented by Weezevent, sales of goods or services will be concluded either directly between Participant and Organiser or its Partners, or between Weezevent and Participant.
Section 2–1: Sales mechanism in a Counter Top-Up context
In a Counter Top-Up context, the sales of goods or services are concluded at the time of the top-up between Participant and Organiser, the top-up operation materializing the agreement between Participant and Organiser as to the supply of the goods or services offered at the Venue by Organiser. Participant will thus pay the price of the goods or services to be consumed at the Event Venue before their delivery and/or supply by Organiser or one of its Partners.
The choice of good or service previously purchased and paid for by Participant to Organiser is made by Participant when visiting one of the points of sale in the Venue. It is at this time that Organiser will deliver the good or service chosen by Participant, provided that Participant has already paid the price of the good or service, in other words provided that Participant has enough units to carry out the transaction.
In a Counter Top-Up context, Weezevent shall remain extraneous to the sale of the good or service, this transaction being directly made between Organiser and Participant.
Section 2–2: Sales mechanism in an Online Top-Up context
In a Remote Top-Up context or that of a top-up before an Event (hereinafter “Online Top-Up”), regardless of whether Participant is using a Device or his/her smartphone, a sales contract covering the goods or service available at the Venue is directly concluded between Participant and Weezevent, Weezevent acting as the vendor in that relationship.
The top-up operation materializes the agreement between Weezevent and Participant as to the supply by Weezevent, or any person substituted for it, of the goods or services offered at the Venue. By making a top-up, Participant pays Weezevent the price of such goods or services before their delivery at the points of sale provided for that purpose.
When a Participant visits one of the points of sale at the Venue and orders a good or a service, Weezevent assigns to Organiser its status as a contracting party and all of the rights and obligations arising under the sales contract binding it with Participant.
Accordingly, Participant hereby expressly consents to the assignment by Weezevent to Organiser of the sales contract or service contract between Weezevent and Participant in an Online Top-Up context. To that effect, it is hereby expressly acknowledged that, prior to the conclusion hereof, Organiser has consented to be substituted for Weezevent in the rights and obligations arising from the sales contracts entered into between Weezevent and Participants in an Online Top-Up context.
Section 2–3: Responsibility in relation to sales
As stated above, Weezevent disclaims any and all liability in connection with the sales contracts entered into with Participants, such contracts being concluded between Organiser and Participants in a Counter Top-Up context, or else with Weezevent in an Online Top-Up context. In this last context, Weezevent shall assign its status as the vendor to Organiser, which shall perform the contracts in its own name and on its own behalf.
Accordingly, it is expressly agreed and accepted by Participant that Organiser shall assume full responsibility and liability in connection with the performance of such contracts (obligations pertaining to safety, compliance, hidden defects, defective products, etc.), Weezevent only acting at law as the contracting party on a temporary basis to enable Remote Top-Ups, without performance of the contracts by it ever having been intended.
Section 2–4: Pricing
The goods and service purchased by Participant are provided at the applicable pricing at the Event Venue decided by Organiser and/or its Partners.
These prices do not include any possible activation, top-up or refund fees, which are decided by Organiser and deductible from the number of units purchased.
The payment requested from Participant corresponds to the total cost of the purchase, any such fees being included.
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 Organiser at the Event Venue.
Subject to exceptions, the Devices are handed over to Participants at the Event location. Unless otherwise decided by Organiser, they shall remain the sole and exclusive property of Organiser.
Participants shall, upon being handed over the Device, check that it works corrects and inform Organiser of any malfunction as promptly as possible, to enable it to replace any defective Device.
Participants are responsible for the safekeeping of the Devices during the entire Event. In that aim, 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 Organiser or Participant.
However, if Participant has set up a Virtual Account, and if requested by Organiser, it may be possible to provide Participant a second 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 not working with 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 Organiser in view of deactivating the Device.
Section 3–2: Activation and refund fees
As part of the implementation of the “cashless” solution, 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 Organiser to Participant is deducted from the amount of the units of value that may consumed at the Venue and corresponds to the invoicing of the “cashless” Service offered to Participant:
- Use of a Device that allows 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;
- Benefit of 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.).
Similarly, Organiser may seek the application of a refund fee to be deducted from the amounts to be returned to Participant after the Event, such refund entailing the implementation of significant human and technical resources.
The decision to charge such fees (activation and refund) is made by Organiser under its sole responsibility. For the avoidance of doubt, it is specified that Weezevent does not collect these fees. Accordingly, Participant irrevocably waives any remedy against SAS Weezevent based on the invoicing or repayment of such fees.
Section 4: “Cashless” solution via Participant’s smartphone
Section 4–1: Loss of smartphone by a Participant
Participant is responsible for the safekeeping of his/her smartphone and Weezevent disclaims any and all liability for any fraudulent use made of a smartphone by an unauthorized person. In case of loss of his/her smartphone by a Participant, Weezevent shall be under no duty to refund Organiser or Participant.
Section 4–2: Maximum top-up capacity of the Device
Use of the “cashless” solution via Participant’s smartphone may not result in the latter holding a number of units in excess of the equivalent of £250.
However, Organiser shall be free to agree with Weezevent on a lower maximum top-up capacity for the Devices.
Section 4–3: Activation and refund fees
As in the case of use of the Devices, Organiser may ask Weezevent to apply an activation fee to the use of the solution via Participant’s smartphone. This fee will not be refundable following the Event.
The activation fee charged by Organiser to Participant is deducted from the amount of the units of value that may consumed at the Venue and corresponds to Organiser’s reinvoicing for the different services offered to Participants, specifically the benefit of 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.).
Similarly, Organiser may request the application of a refund fee to be deducted from the amounts to be returned to Participants following the Event, such refund entailing the implementation of significant human and technical resources.
The decision to charge such fees (activation and refund) is made by Organiser under its sole responsibility. For the avoidance of doubt, it is specified that Weezevent does not collect these fees. Accordingly, Participant irrevocably waives any remedy against SAS Weezevent based on the invoicing or repayment of such fees.
Section 5: No possibility of transferring 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 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: Change to or cancellation of an Event – Allocation of unused units of value – Refund to Participant after the Event
Section 6–1: Cancellation of an Event
Participants will be informed of any possible cancellation of an Event, its rescheduling or any substantial change made by Organiser or by Weezevent, provided Weezevent has previously informed Organiser.
In such case, 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 Organiser.
By using the Weezevent Service, 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 Organiser.
For the avoidance of doubt, any decision to cancel, reschedule or change an Event is made by Organiser under its own responsibility and Organiser may not be substituted by Weezevent in this respect.
Under no circumstances is Weezevent liable to refund any units obtained by a Counter Top-Up.
Section 6–2: Choice of Organiser concerning unused units
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 Organiser or possibly to a partner charity organization, keep those units for the Organiser’s next event or events, etc.
Participants are invited to directly contact Organiser, 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 Organiser, specifically as concerns any possible refund process for the Event they will be attending.
Participants release Weezevent from any and all responsibility and liability in connection with any possible refund, such refund being optional and not corresponding to any legal obligation, the sales being perfected upon the top-up operations and the amounts paid to Weezevent and/or to 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 Participant’s responsibility to only make top-ups for goods and services he/she actually intends to consume at the Event Venue, any payment being deemed final.
Section 6−2−1: Refund to Participants following the Event
The decision to refund Participants at the end of the Event, or not, is made by Organiser alone. As regards refunds, Weezevent will merely apply the policy determined by 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 the counter
Organiser’s refund to Participants is in principle made by Weezevent, acting in the name and on behalf of Organiser, through the Virtual Account. However, Organiser has the possibility of requesting that refunds be made at a counter at the Event Venue.
To this end, Participants should go to a counter with their Device. Organiser will refund, under its sole responsibility, the amount corresponding to the units remaining on the Device.
The amount of the refund will be debited from the Device and, as applicable, Participant’s Virtual Account.
Section 6−2−3: Setting up a Virtual Account in view of a Refund
Weezevent can only make refunds to Participants who have set up a Virtual Account. Participants who have not set up a Virtual Account are required to set one up to be able to request a refund from Weezevent.
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 Organiser to Participants.
To obtain a refund, Participant should complete his/her bank account details (BBAN/IBAN) or his/her bank payment card number, which must necessarily be in the same currency as the currency of the top-ups made by Participant and in respect of which the account-holding institution is located in the same geographic banking zone (ex: SEPA zone for the Eurozone).
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 Participant does not exceed the amount of the Online Top-Up. It should be borne in mind 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.
As applicable and subject to the same reservation, the time limit for refunds may be extended at Organiser’s request. Weezevent accordingly invites Participants to contact Organiser to find out more about the time limits for refunds.
Section 6−2−5: Donation
Provided the time limit laid down by Organiser in which to request a refund has elapsed, any failure to request a refund shall entail a donation by Participant to Organiser, in respect of which Participant acknowledges being fully informed.
The acceptance of this clause is of the essence, without which these Ts & Cs of Use would not have been entered into. Participant represents, on a fully informed basis, wishing to donate any remaining units on his/her Device after the end of the Event for which Participant has not requested a refund within the time limit set by Organiser.
Section 7: Suspension of the Service in case of legitimate doubt
Weezevent reserves the right to refuse to carry out an operation or transaction in case of legitimate doubt. The operations or transactions concerned include refunds to Participants or some top-up operations which Weezevent may refuse to carry out, in particular:
- In case of doubt as to the existence of sufficient funds on the bank account of a Participant wishing to make a Remote Top-Up;
- In case of a clerical error (for example: incorrect identifiers, invalid single-use password);
- In case of a legal or regulatory obligation;
- In case of a request for a refund to a bank account in respect of which the account-holding institution is located outside the EEA (European Economic Area) or in case of a request for a refund to be made to a bank account other than the account registered by Participant when setting up his/her Virtual Account;
- In case of doubt as to the entity beneficiary of the funds or the person requesting a transaction. It should be borne in mind that the Service cannot be used for the purpose of fraud, scams or money laundering.
In case Weezevent refuses to carry out an operation or transaction on any basis whatsoever, it shall inform Organiser and Participant by any means within 2 business days from the date of its decision to refuse the operation or transaction.
Section 8: Disclaimer of liability
In the context of implementation of the Service, Weezevent is acting as a service provider of Organiser and upon its instructions.
Accordingly, Weezevent disclaims, to the maximum extent permitted by applicable law, any and all liability in connection with:
- The Service being unfit for Organiser’s intended use;
- Any cancellation, rescheduling or major change to an Event, such decisions being of the sole responsibility of Organiser, without it being possible to substitute Weezevent for the latter;
- Absence of communication or poor communication by Organiser concerning the operation of the Service and the options chosen, specifically as regards its refund policy (no refund, time limit for refund, etc.);
- Organiser’s inability to make the refunds: Weezevent shall make all reasonable efforts for Organiser to make the refunds it has committed to making. However, Weezevent cannot be substituted for Organiser and Participants have no direct right of recourse against Weezevent;
- More generally, the successful holding of the Event and due performance by Organiser with its obligations, including its obligations relating to the operation of the Service;
- Any administrative or tax formalities that may be required and the payment of any associated taxes owed by Organiser.
Any conditions, warranties or other terms implied by statute or law are excluded to the fullest extent permitted under the applicable law, but nothing limits or excludes the liability of the Weezevents for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or fraudulent misstatement.
Section 9: Cooling-off period
To the extent permitted under applicable law, including Member State domestic legislation implementing the EU Consumer Rights Direction (Directive 2011/83/EU) as amended replaced or superseded from time to time , the service provided by Organiser involving 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
Weezevent using all of the technical devices that can currently be reasonably used to ensure the continuity of its Service, its liability cannot be incurred if its server or servers on which the data required for the Service to operate are stored are unavailable for reasons of force majeure, such as but not limited to the failure of the public electricity network, strikes, storms, wars, earthquakes, failure of the public telecommunications network, loss of internet connectivity due to the public and private operators relied on by Weezevent.
Weezevent’s obligations will be suspended for the duration of the event of force majeure and such suspension will in no way be a source of liability for nonperformance of the obligation in question, nor lead to the payment of damages or penalties for delay.
This clause is of the essence, being a material condition without which Weezevent would not have consented to contract.
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 case of breach by a Party of its obligations, the non-defaulting Party may not seek specific performance.
In case of breach by a Party of its obligations, the non-defaulting Party may not perform or have the obligation performed by a third party, at the expense of the defaulting Party. The Party to whom the obligation is owed may, however, seek a court order against the defaulting Party to advance the amounts necessary for such performance.
The non-defaulting Party may, in case the other Party fails to perform any one of its obligations, seek the cancellation of the contract under the conditions set forth in the Section “Cancellation due to breach by a Party”.
Lastly, the Parties waive any right to seek a reduction in the price in case of partial failure of performance.
Section 13: Reminder of intrinsic characteristics of telecom networks – Service interruption
Participant considers being fully conversant with the risks inherent in the use of telecommunications networks, which remain even if Weezevent follows all security standards of a nature to ensure a high level of security and reliability (https, ssl certificate, etc.).
The transmission of data over communication networks only enjoys relative technical reliability:
- Data circulating over the internet are not protected against possible breach;
- The supply of software connected to communication networks may be the subject of intrusions by unauthorized third parties and computer-related crimes;
- The technical capacity of the networks may be saturated in certain places and at certain times of the day (poor telephone connection, insufficient modem speed, insufficient bandwidth, node saturation, etc.).
In view of the foregoing and of Participant’ full familiarity with the Weezevent Service, Participant waives any right to assert Weezevent’s liability in connection with any of the above circumstances or events.
The Weezevent Service is subject to interruptions, scheduled or unscheduled, that are necessary for its proper operation, including for maintenance, security or storage management purposes. In case of a scheduled service interruption, Weezevent agrees to take all reasonable measures to schedule such maintenance outside the normal operating hours of the Service and hours of Service availability to Participants and to Organiser (i.e. generally at night, after an Event), so as to minimize the impact on Service availability. Weezevent disclaims any and all liability in respect of any unscheduled service interruption that does not arise out of any negligence on the part of Weezevent. In case of the occurrence of such an event of force majeure, Weezevent agrees to take all reasonable measures to restore the service as soon as possible.
Participant agrees to inform Weezevent, as soon as it comes to his/her knowledge, of any technical malfunction affecting the Weezevent Service.
Section 14: Personal data
Any personal data provided by Participants is intended solely to permit the use of the Service. Such information enables Weezevent to contact Participants in relation to refund requests or in case of cancellation to or change in the date, time or location of an Event for which Participants have registered.
Participants also have the right to object to the use of their contact details whenever they receive an offer from Weezevent.
By validating these T’s & C’s of Use, Participants consent to Weezevent transferring their personal data to Organiser. It should be borne in mind that Organiser instructs Weezevent regarding the data it wishes to obtain. Any use of the Service therefore entails acknowledgement of the transfer of personal data to Organiser. In accordance with applicable legislation, this data transfer is required for proper operation of the Service. Such data may be shared with any possible Weezevent partners tasked with the fulfillment, processing, management and proper operation of the Service.
In this respect, Weezevent disclaims any and all liability for any use that may be made of such data.
Section 15: Intellectual property
The content of the Weezevent Website is the property of Weezevent and/or of its partners and is protected under the laws of France and international intellectual property legislation.
Any total or partial reproduction of such content is strictly prohibited and may constitute the offense of infringement.
In addition, WEEZEVENT is and shall remain the owner of all intellectual property rights in and to any photographs, presentations, studies, designs, models, prototypes, etc., produced in view of the provision of the Service. Participant is therefore prohibited from making any reproduction or use of such studies, designs, models, prototypes, etc., without the prior express written consent of Weezevent, which may make it conditional on the payment of financial compensation.
Section 16: Termination – breach
The following are not grounds for termination:
- Excessive revised price;
- Force majeure.
Termination may only be pronounced in case of established breach by a Party, it being understood that the following shall be grounds for termination:
- Payment default;
- Use of the Service by Participant contrary to these Ts & Cs of Use (fraud, money laundering, etc.).
It is expressly understood that such cancellation due to breach by a Party of its obligations shall be by right, formal notice being deemed to have been given upon and by virtue of the occurrence of the breach, without any notice to cure or any other formality being required.
Section 17: Miscellaneous
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.
Where the acts of performance exchanged between the Parties between the date of conclusion and the date of termination of their contract were useful from time to time during the reciprocal performance of the contract, there shall be no restitution in respect of the period before the last act of performance which was not reflected in something received in return.
Sofaras permitted under applicable laws, these Ts & Cs of Use do not give rise to any third party rights.
The Party harmed shall be entitled to seek damages at court under all circumstances.
Section 18: Governing law – Language
These T’s & C’s of Use and all transactions contemplated or arising hereunder are governed by and shall be construed in accordance with the laws of France and the courts of Paris shall have exclusive jurisdiction.
These T’s & C’s of Use have been drawn up in the English language. In case they are translated into one or more foreign languages, the English version shall be controlling in case of dispute.
Section 19: Disputes
Any disputes arising out of or in connection with the transactions concluded in application of these T’s & C’s of Use, in relation to their validity, interpretation, performance, termination or consequences that cannot be amicably resolved between Weezevent and Participant shall be submitted to the courts of competent jurisdiction pursuant to the ordinary rules of law.
Participant is informed of his/her right at all times to resort to conventional mediation or via existing sector-wide mediation bodies listed on Weezevent’s Website or to any alternative dispute resolution method (such as conciliation) in the event of disagreement.
Section 20: Precontractual information – Acceptance by Participant
Participant acknowledges having received these T’s & C’s of Use, prior to their conclusion and before any top-up, in an easily readable and understandable manner, and in particular:
- The essential features of the Services, in view of the communication media used and of the Service concerned;
- The price of the Services and any related expenses, it being borne in mind that Weezevent does not charge Participants for the Service and that the price of the goods and services offered by Organiser is available at the Event Venue and/or on any communication media of Organiser;
- In the absence of immediate performance of the contract, the date or timeframe within which Weezevent agrees to supply the Services ordered;
- Information concerning the identity of Weezevent, its postal, telephone and email contact details, and its activities, if they are not clear from the context;
- Information concerning statutory and contractual warranties and how they are to be implemented;
- The functionalities of the digital content and, where applicable, interoperability thereof;
- The possibility of recourse to conventional mediation in the event of a dispute;
- Information concerning the right of cancellation during the cooling-off period (existence, conditions, timeframe, methods of exercise of such right and standard cancellation form), conditions of termination and other important contractual terms and conditions;
- The payment methods accepted.
Participant represents that it fully accepts and adheres to these T’s & C’s of Use and waives any right to assert any contradictory document, no such document being enforceable against Weezevent.
June 21th 2017, updated March 29th 2019