Weezevent services terms and conditions of use
The purpose of these WEEZEVENT Terms and Conditions of Use (hereinafter the “T&Cs”) is to define the respective rights and responsibilities of WEEZEVENT and the Event Organiser (hereinafter the “Organiser”).
By registering on the WEEZEVENT website, the Organiser expressly agrees to comply with these T&Cs, which will prevail over any other document provided by the Organiser in the event of conflict.
WEEZEVENT offers an online event ticketing solution through several domains, subdomains and aliases (hereinafter the “Websites”) and makes this solution available to Organisers. It acts as an intermediary and gives the Organisers the benefit of its expertise, its services and its equipment.
WEEZEVENT also offers a ticketing solution that can be used directly by the Organiser at the event venue. These T&Cs govern the contractual relationship between the Organiser and WEEZEVENT (hereinafter the “Parties”).
ARTICLE 1: Subject of the contract
This contract gives WEEZEVENT the authority to publish, manufacture, sell and market tickets (hereinafter the “Tickets”) on behalf of the Organiser.
As such, WEEZEVENT acquires the booking contracts, admission and registration rights (hereinafter “Admission Rights”) from the Organiser, which it offers to sell to the public. This intermediary role only involves the public sale of Admission Rights acquired by WEEZEVENT. The Organiser retains full responsibility for the organisation of the event vis-à-vis the buyers (hereinafter “the Participants”).
A Ticket is the physical manifestation of an Admission Right. It allows Participants to enter the event venue and benefit from the services offered by the Organiser.
With regard to the provision of equipment at the event venue and the creation of Free Tickets, WEEZEVENT merely acts as a service provider, invoicing its services to the Organiser. The provisions in these T&Cs are not affected insofar as they are compatible with the status of service provider.
Services offered by the WEEZEVENT solution
WEEZEVENT provides the Organiser with online management software (hereinafter the “Software”) accessed via a username/password on WEEZEVENT websites. This Software allows the Organiser to autonomously set up or “configure” any and all of their events under the terms and conditions set out herein. The Organiser can also check the status of sales in real time.
At the express written request of the Organiser, if accepted, WEEZEVENT can handle the configuration of the event, in which case the Organiser will need to provide all necessary information.
This information must be communicated within a reasonable time frame, agreed with WEEZEVENT, which will then require a minimum period of two working days to update and post this information online once it has been received.
The WEEZEVENT solution also offers the opportunity to promote events.
Tickets and derivative products are sold to Participants through WEEZEVENT’s technical interfaces. WEEZEVENT makes sure these are sent to Participants and handles the associated payments. The WEEZEVENT solution also allows for the implementation of physical sales; sales cashed directly by the Organisers. There is a specific Article about this method included in these T&Cs. WEEZEVENT generally only sells online Tickets from its technical interfaces and its own internet servers, even when the Organiser has integrated the control module into a third party website that calls WEEZEVENT’s servers.
The Organiser may, however, expressly authorise WEEZEVENT to market the Tickets through its partner networks, if and only if said Organiser ticks the option provided for this purpose in the Software. WEEZEVENT will then be personally responsible for remunerating these networks, which are free to set a final sale price higher than that defined by the Organiser in the Software.
WEEZEVENT is not held to any minimum or predetermined guarantee of Ticket sales and the Organiser alone bears the risk of unsold tickets.
The Organiser provides WEEZEVENT with a guaranteed Ticket quota, which may be increased. The Organiser agrees not to sell or make available to WEEZEVENT a number of Admission Rights higher than the event’s actual hosting capacity.
The Organiser must undertake not to present the events in a manner that is likely to mislead Participants (misleading advertising) or include false allegations, claims or representations (false advertising). Please note that it is not up to WEEZEVENT to verify whether such information is true or whether or not it is likely to mislead the Participant as to the nature of the proposed event.
ARTICLE 2: Fees and Prices of Tickets, Products and Services
The Organiser alone determines the selling price of the Tickets and, where applicable, any Products and/or Services created as optional extras, and may apply additional costs.
WEEZEVENT’s remuneration (hereinafter “Remuneration”) is based on the selling price of the Ticket and any optional products and/or services, to which fees can potentially be added by the Organiser. The amount of this Remuneration is given in the Price List set out in the “Prices” section of the WEEZEVENT Websites.
Any changes to the Prices will be made under the conditions provided for in Article 27 hereof.
It is expressly agreed between the Parties that Remuneration will be owed in all circumstances. So, if for any reason, the Organiser was required to refund the Ticket price to Participants, WEEZEVENT would still be entitled to keep the Remuneration.
Unless stated otherwise, remuneration as determined in the second paragraph of this Article includes Value Added Tax, in compliance with tax standards.
Provided that such remuneration is mentioned in the Price List, the Organiser authorises WEEZEVENT to charge the Participants a booking fee, the entire amount of which is retained by WEEZEVENT. WEEZEVENT will be personally responsible for collecting such fees.
WEEZEVENT may also receive Remuneration for free Tickets and for Tickets generated by the Software resulting in direct earnings for the Organiser. This Remuneration will be included in the Price List.
WEEZEVENT may propose additional services to the Participants when they purchase a Ticket, such as cancellation insurance, accommodation solutions, etc. It is specified that WEEZEVENT will be responsible for the remuneration of the third party services providing these services, as well as for its own remuneration. It is specified that all these options offered to the Participants can be deactivated at any time by the Organizer.
ARTICLE 3: Financial Provisions
Payment of Ticket earnings
Organisers will be paid, based on the sales made, every two weeks on the 1st and 16th of each month. Bearing in mind unavoidable inter-bank delays and working days, the Organisers are usually credited between 1 and 3 days after the 1st and 16th of the month. There may be an additional delay to the first payment because of control and security operations.
Each event will generate a sales summary. The Organiser can access the sales summary via the Software at any time.
The Organiser is required to raise any objections about the payments made by WEEZEVENT without delay and at the latest four weeks after the payment has been paid. In the absence of any objection, the payment is considered as definitive and WEEZEVENT may no longer be held liable.
Note that WEEZEVENT cannot make a payment if the Organiser’s bank details are left empty, incomplete, erroneous, or in a currency different from that of the sales made.
Withholding Ticket earnings
In addition, WEEZEVENT reserves the right not to make a payment if it has any doubts about the entity receiving the funds: account registered abroad, lack of information, etc. Please note that WEEZEVENT’s services cannot be used for fraudulent or dishonest purposes.
If any such doubts arise, WEEZEVENT may unilaterally retain the Ticket earnings, and will inform the Organiser by email within a reasonable time frame from the day on which it makes the decision to block the payment.
In this case, WEEZEVENT will withhold the Ticket earnings until the identity of the beneficiary of the account has been proven.
Similarly, and under the same conditions, WEEZEVENT reserves the right to withhold the payment of amounts due until the event has been successfully held, where there are legitimate concerns as to the running of the event: event with significant risk of cancellation, event that may be in contravention to public order rules, etc.
Under the same conditions, WEEZEVENT reserves the right to withhold the payment of earnings due until the event has been successfully held if it has legitimate doubts about the rights to distribute Tickets for the event: Organiser that doesn’t hold all the necessary authorisations/permits for the event, misleading advertising, clear absence of the rights to stage a performance, etc.
In the cases provided for in the preceding paragraphs, WEEZEVENT may ask the Organiser to provide documentation attesting to the reality and seriousness of the organisation of the event: rental agreement, council authorisation, incorporation certificate, proof of residence of the person in charge, ID of the Organiser, etc.
Under no circumstances will the provision of these documents be deemed sufficient to guarantee the payment of the amounts concerned. Where there is legitimate doubt about an event or about the Organiser, the Tickets earnings will be kept by WEEZEVENT pending the successful completion of the event or pending a refund to Participants. WEEZEVENT reserves the right to make contact with one or more Participants to verify statements from the Organiser.
It is agreed and accepted by the Parties that the right to withhold the Ticket earnings is also applicable in the event that an Organiser has set up several events via WEEZEVENT. This means that if WEEZEVENT has any doubts about the actual holding of any single one of an Organiser’s Events or the Organiser’s right to distribute Tickets for any of its Events, WEEZEVENT is authorised to withhold any and all amounts owing to the Organiser, including those relating to other Events.
The Parties expressly agree that by accepting these T&Cs, the Organiser authorises WEEZEVENT to draw up its own invoices. The statement of accounts referred to in this Article is the invoice issued in the name and on behalf of the Organiser. In this regard, and in accordance with the tax provisions in force, please note that the Organiser/principal retains full responsibility for its invoicing duties and their consequences with regard to VAT. The Organiser is reminded that the four-week period stipulated in paragraph 3 of this Article also applies to challenging the content of invoices. The Organiser/principal makes a firm commitment to pay all taxes shown on the invoices, to immediately request copies of invoices if they have not received a copy, and to notify WEEZEVENT of any changes to its company details.
The invoicing agreement with WEEZEVENT in no way exonerates the Organiser with regard to its tax obligations. The Organiser confirms having been made fully aware that invoices issued in its name and on its behalf must include the same wording as those issued directly by itself. The Organiser undertakes to inform WEEZEVENT without delay of any mandatory information concerning the company that may not appear on the invoices. To fully comply with the tax regulations applicable to it and in the eventuality that WEEZEVENT is unable — for any reason whatsoever, including those provided for in these T&Cs — to pay earnings to the Organiser for a period of more than 24 months, WEEZEVENT will be forced to record these sums in its tax base, and the amounts will no longer be payable.
Where applicable, an email notification system will inform the Organiser of any payment delays, detailing the reasons for this inability to pay, whether technical and/or administrative, as well as the action they need to take to ensure that payment can be resumed as soon as possible. Organisers can contact WEEZEVENT’s invoicing department for any help or clarification needed.
ARTICLE 4: Unpaid amounts
WEEZEVENT is only liable to the Organiser for the proper performance of its duties as an intermediary, i.e. the sale of Tickets to Participants. This means that WEEZEVENT cannot be held responsible for any fault on the part of Participants, including any failure to pay the Ticket price. The Organiser must therefore agree, without exception, to cover any credit card payment rejections that may occur (hereinafter “Unpaid Amounts”), whatever the reason.
An online debit or credit card transaction can become unpaid when the cardholder informs their bank that a transaction has not been authorised or that an order has not been delivered. Payment rejections are usually the result of card cancellations following a theft or loss. They may also occur when the transaction is not recognised on the cardholder’s bank statement, or may sometimes involve misuse. In the event of a failed payment, the cardholder’s bank, possibly after a decision by the card network (Visa, Mastercard, etc.), cancels the transaction and debits the WEEZEVENT bank account for the amount of the cancelled transaction.
The Organiser expressly agrees to assume the risk of Unpaid Amounts and shall not hold WEEZEVENT liable, in any capacity whatsoever, in the event an amount is unpaid.
Should an Unpaid Amount occur, if the sum has already been paid to the Organiser, WEEZEVENT will attempt to contact the Participant to try and find an amicable solution. WEEZEVENT’s attempts to negotiate with the Participant do not mean it is responsible for achieving a specific outcome, since the priority for WEEZEVENT is to find a quick amicable resolution to the Unpaid Amount while reminding the Participant of their obligations. After a period of one month from the date of notification of an Unpaid Amount by the bank, and if the amount remains unpaid, WEEZEVENT will invoice the Organiser for the unpaid amount, since WEEZEVENT’s remuneration, as defined in Article 2 hereof, remains in place.
WEEZEVENT makes use of all the technical systems that can currently be reasonably used by e‑commerce operators to protect themselves, and to protect the Organiser, against the risk of Unpaid Amounts. The Organiser expressly agrees that WEEZEVENT cannot be held liable for any failure of these systems, which it also declares to be perfectly familiar with, particularly in connection with the use of stolen foreign cards. Also, in the context of relations between WEEZEVENT and the Organiser, it is expressly agreed that the Organiser’s guarantee against unpaid amounts is due in all circumstances. In return, WEEZEVENT will work actively with the Organiser to assist with collection from the Participant, particularly in terms of any relevant information it may hold and, in compliance with legal provisions, may be able to pass on. The Organiser hereby agrees to compensate WEEZEVENT for any expenses incurred, whatever they may be, when recovering unpaid amounts.
ARTICLE 5: Registration of an event by the Organiser
It is expressly agreed between the Parties that the creation of an event on the Software automatically grants WEEZEVENT the authorisation to market the Tickets according to the quotas set. At each event creation, the Organiser will define the Ticket quotas, the dates and times of the event and the Ticket Sale Price.
ARTICLE 6: The Organiser’s Terms and Conditions
The Organiser may distribute its own terms and conditions of sale to the Participants via the WEEZEVENT interface.
In the event of a conflict between the clauses of these terms and the T&Cs binding WEEZEVENT to the Participants, WEEZEVENT’s terms and conditions shall prevail.
ARTICLE 7: Event cancellation or changes — Refunding Participants
If an event is modified significantly (changes to the date, time, event location or line-up) when Tickets have already been sold or are still on sale, the Organiser must inform WEEZEVENT without delay.
The Organiser shall assume full responsibility when the changes to an event are such that it is considered by these T&Cs and by applicable legislation to constitute cancellation of the event.
WEEZEVENT would like to remind Organisers that the obligation to reimburse Participants the full ticket price paid in the event of a cancelled event is a personal obligation of the Organiser’s legal representative.
The Organiser expressly authorises WEEZEVENT to proceed with refunds using the amounts owed to it, for whatever reason. WEEZEVENT may proceed with a refund for a given event, using amounts owing for other Events organised by the Organiser. If these amounts are insufficient, the Organiser agrees to provide WEEZEVENT with the necessary funds to reimburse the Participants and irrevocably guarantees WEEZEVENT against any and all claims from the Participants. In the same context, WEEZEVENT will also be authorised to communicate with Participants, giving them the contact details and any relevant information about the Organiser so that the Participants can request a refund directly from the Organiser itself.
In the event of a refund, the Remuneration owed by the Organiser to WEEZEVENT will be retained by the latter.
Note that in addition, and in accordance with the Price List, the cancellation of an event gives rise to the invoicing of additional cancellation fees.
Refund at the request of the Organiser
In the event of postponement, substantial modification or cancellation of an event, the Organiser may expressly request that WEEZEVENT proceed with the total or partial reimbursement of Participants for all or part of the Tickets already sold, without having to give any reason. In this case, and assuming WEEZEVENT is not already in possession of the amount its needs to proceed with the refund, for whatever reason, the Organiser must pay WEEZEVENT the sums necessary to proceed with the refund. Note that in the event of a refund at the initiative of the Organiser, WEEZEVENT’s Remuneration will be retained.
WEEZEVENT may, at its discretion, ask the Organiser to take out insurance to cover the cost of refunding Participants, before entering into the contract or during the performance of the latter. WEEZEVENT will have to be designated as the beneficiary of the insurance so that it receives the necessary compensation to proceed with the refund.
The insurance policy needs to cover all cases of cancellation, including postponement or substantial modification of the event, whether the Organiser is responsible or not.
Even when cancellation insurance is taken out, WEEZEVENT may withhold all amounts owing to the Organisers, in accordance with the Article on “WITHOLDING TICKET EARNINGS” until the event(s) concerned take place.
Fraudulent use — Security deposit
The Software must not be used for fraudulent purposes or by unscrupulous Organisers, so WEEZEVENT reserves the right to withhold Ticket earnings until the events organised by the Organiser have been successfully held, in accordance with the provisions of Article 3 of these T&Cs on “Withholding Ticket earnings in cases of legitimate doubt”. In addition to this possibility, before any marketing, or while marketing the event, WEEZEVENT reserves the right to request a personal deposit from the Organiser to guarantee the return of ticket earnings and the payment of cancellation fees. The guarantee may also, and where applicable, be requested from any banking institution or natural or legal person whose residence or registered office is located in France, whether or not said person is part of the organisation of the Event. WEEZEVENT reserves the right to request any useful documents to study the guarantees provided as well as the right to refuse guarantees from certain persons.
ARTICLE 8: Intellectual property
WEEZEVENT retains ownership of the design of the Website and the Software that it has built. The Organiser acknowledges that the Ticketing Software is an intellectual work that it and its staff members are required consider as such, by refraining from copying or reproducing it in whole or in part by any means and in any form, transcribing it or translating it into any other language, or adapting or adding to it any object that does not comply with its specifications.
Any content aside from that which may be posted by the Organiser that is included or accessible on and/or through the WEEZEVENT Websites, including any text, graphics, logos, names, trademarks, designations, tabs, features, images, audio, data , photos or any other material or Software (hereinafter the “WEEZEVENT Content”) is the exclusive property of WEEZEVENT and is protected by intellectual property law and all other legislation in force.
The WEEZEVENT Content may only be used and exploited by WEEZEVENT and/or its licensees and any other use of it, except with the express agreement of WEEZEVENT, represents an infringement.
The WEEZEVENT Content must not be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, rented, sold, conceded or exploited, in whole or in part and in any manner whatsoever, without WEEZEVENT’s express written consent.
Hosting the Organiser Content
By making Content available on the WEEZEVENT Websites (hereinafter the “Organiser Content”), the Organiser agrees that other Organisers, the Public or Participants, may, for free and for personal use only, view and share the Organiser Content on the WEEZEVENT Websites or on other electronic communication media (especially mobile phones) for as long as said Content is hosted on the WEEZEVENT Websites.
For as long as the Organiser Content is hosted on the WEEZEVENT Websites and as part of the features allowing the WEEZEVENT Websites to be accessed on the internet or other electronic communication media, the Organiser authorises WEEZEVENT to reproduce and/or represent its content and, if necessary, adapt the format for this purpose.
Note that given the specificities of the internet, WEEZEVENT may not be held liable for any misuse or piracy of content provided by the Organiser to WEEZEVENT. The Organiser is required to take all necessary measures to protect its Content and data.
However, it is important to remember that the data featured on the WEEZEVENT Website(s) is only accessible by third parties for the purposes of marketing WEEZEVENT tickets and other services. As such, WEEZEVENT does not authorise anyone, whether or not they are a user of the services, to use this data in a context other than the application of this contract.
ARTICLE 9: Responsibility for content uploaded by the Organiser
In adding content (text, images, videos, digital files or any other material) to the WEEZEVENT Websites, the Organiser is bound by the legal and regulatory provisions in force. As a result, it is the Organiser’s responsibility to ensure that the storage and distribution of this content via WEEZEVENT’s Websites does not represent a violation of any third party rights for which it does not have the necessary authorisation.
It is forbidden to use WEEZEVENT’s services to organise illegal or forbidden events.
Dissemination of content that is not consistent with accepted standards of behaviour and public order is prohibited. In particular, it is forbidden to use WEEZEVENT’s hosting services to distribute content or information that may incite discrimination, hatred or violence towards a person or group of people because of their membership or non-membership in a particular race, religion, or nation or that insults the victims of crimes against humanity by denying the existence of these crimes or by apologising for them. It is also prohibited to distribute humiliating or defamatory content as well as pornographic content or content infringing the legal provisions relating to the protection of children.
In the event that the content distributed violates the rules laid out in the preceding paragraphs, the Organiser Content may be withdrawn and the Organiser’s account deactivated, without prior notice and without prejudice to any further damages.
WEEZEVENT may not be held liable for the content, data or information provided by the Organiser, disseminated via its websites.
As a content host, WEEZEVENT’s sole obligations are to combat certain content, protect the login data of Participants and Organisers (which must also be kept confidential and processed in compliance with data protection laws), and remove any manifestly illicit content as soon as the existence of said content has been brought to its attention.
ARTICLE 10: Interruption of Services
In the event of a scheduled service interruption for the purposes of maintenance, security or storage management, WEEZEVENT will inform the Organiser within a reasonable time frame before the interruption. In WEEZEVENT will also indicate the foreseeable duration of this kind of service interruption. WEEZEVENT will do its utmost to schedule such maintenance operations between 1am and 5am, so as to minimise their impact on the accessibility of the Ticketing service.
WEEZEVENT undertakes to inform the Organiser, through the website status.weezevent.com as soon as it becomes aware of any technical issues affecting its ticketing system and likely to cause an interruption of more than twenty-four (24) hours, so that the Organiser can make any necessary arrangements, including selling the Tickets allocated to WEEZEVENT itself and/or via other distribution channels. WEEZEVENT may not be held liable for any unplanned and non-negligent interruption of services. In the event of such a case of force majeure, WEEZEVENT will do its utmost to restore the services as soon as possible.
Similarly, the Organiser agrees to notify WEEZEVENT as soon as it notices or becomes aware of a malfunction of the WEEZEVENT Services.
ARTICLE 11: Organiser Statements and Warranties
The Organiser certifies that it holds:
- all rights, including the intellectual property and exploitation rights required for any works or other materials used for promotional purposes or at the event itself,
- the right to distribute Tickets related to the event. The Organiser confirms that it is not bound by any exclusivity agreement concerning the sale of the Tickets and guarantees WEEZEVENT against any third-party claims in this respect,
- all the authorisations required to organise the event for which the Tickets will be sold by WEEZEVENT, and in particular the entertainment promoters’ permit when this is mandatory.
The Organiser guarantees WEEZEVENT for any claims that may be made against it in this regard.
The Organiser certifies that it holds the rights to use any images and text that it sends to WEEZEVENT or posts online on WEEZEVENT’s Websites. In this respect, it guarantees WEEZEVENT against any third-party claims, including any action for infringement, as a result of such use on the WEEZEVENT websites.
The Organiser expressly declares to WEEZEVENT that it is not contractually bound to any third party and may freely use WEEZEVENT’s services in accordance with these terms.
The Organiser declares that it will handle all the administrative and fiscal procedures necessary to organise the event and the payment of all taxes and duties related thereto.
The Organiser declares that it is responsible for the proper organisation and smooth running of the event. As such, it undertakes to comply with all applicable regulations in this matter and in particular with regard to safety, regulations on drinking establishments, and provisions relating to labour.
The Organiser expressly authorises WEEZEVENT to use its name and/or logo or that of its events as a reference. This authorisation applies to all WEEZEVENT commercial communications regardless of the media, throughout the duration of the contract. When this contract expires, the Organiser, if it wishes, may request the withdrawal of any such elements used in these communications, giving as much detail as possible. Upon receipt of this request, WEEZEVENT, insofar as it is able, will make the requested changes within a reasonable time frame.
The Organiser declares that it has full legal capacity to enter into this agreement. It confirms that it has not been the subject in the past, nor is it currently the subject of, any procedure such as safeguarding, restructuring or liquidation. Individual Organisers and natural persons declare that they are not subject to any personal debt or bankruptcy procedure. They further undertake to notify WEEZEVENT without delay of any circumstance that may affect their legal capacity or their financial capacity such as, without this list being exhaustive, insolvency, appointment of an ad hoc proxy, or a conciliation, safeguarding, recovery or liquidation procedure.
The foregoing statement is certified by the natural person signing this contract on behalf of the legal entity Organiser. This person also declares that they have never been in charge of or associated with, in any capacity whatsoever, a company that has been the subject of one of the procedures referred to in the previous paragraph. In the event of misrepresentation, the signatory of this agreement binding a legal entity will assume personally and jointly with the Organiser all the consequences of this misrepresentation, since WEEZEVENT intends for its services to be used by natural persons and legal entities that present no risk of insolvency.
ARTICLE 12: Obligations of WEEZEVENT
As part of transferring the Tickets, WEEZEVENT undertakes to publish the Tickets itself, in accordance with the event parameters set by the Organiser or by itself when the Organiser has asked it to handle the event creation according to given instructions.
WEEZEVENT undertakes to comply with all legal provisions relating to ticket publication and in particular to comply with the provisions included in the general tax code. As such, it agrees to send the Organiser, should they request it, all necessary information for describing the ticketing system in place, in accordance with Article 8 of the French Decree of 5 October 2007 relating to entertainment promoters for shows with an entry price.
WEEZEVENT shall comply with all the provisions of the aforementioned Decree of 5 October 2007, in particular by:
- publishing Tickets in accordance with the legislation; These Tickets must contain the following details either clearly marked or in the form of coded information: the promoter ID, the name of the show/event and, where applicable, the number of the performance to which the Ticket gives access, the seating/entry category to which it gives access, the total price paid by the Participant or the mention of free admission, the transaction number assigned by the ticketing system, and, in the case of presale, identification of the performance for which the Ticket is valid as well as the date and place of sale;
- ensuring the retention of data relating to the issue of Tickets for the required legal period and allowing the Organiser to access said data in the event of an inspection or audit.
WEEZEVENT will keep records of takings in their original content and in chronological order. It will publish in real time a statement of the number of tickets issued for each admission/seating category, the price of the admissions and the corresponding earnings. This statement will be accessible online via the Software.
WEEZEVENT is committed to ensuring the confidentiality of all information designated as confidential.
Where necessary, WEEZEVENT undertakes to inform the Organiser, without delay, of any difficulty it encounters in the sale of the Tickets.
ARTICLE 13: Disclaimers
WEEZEVENT may not be held liable for any problems the Organiser may have accessing the Online Software or for its customers’ inability to access the online purchasing system due to difficulties related to the internet network or for any other reason outside of its control.
WEEZEVENT may not be held responsible for poor configuration of the Online Software by the Organiser.
WEEZEVENT also makes no warranties — express, implied, statutory or otherwise — and excludes in particular any guarantee regarding the ability of its services to meet the Organiser’s specific expectations or needs.
ARTICLE 14: Obligations of the Organiser
The Organiser commits to accepting all the Tickets (vouchers and Individual Tickets) issued by WEEZEVENT’s electronic Ticketing system, presented to it during the event it is organising.
In accordance with applicable legislation, the Organiser agrees to exchange Group Tickets (single ticket granting Admission Rights to several participants) which are technically vouchers, for individual Tickets when these vouchers are presented at the event concerned.
The Organiser must indicate, when creating the event in the Software, whether any supporting documents are required for admittance to the event venue in accordance with the prices it has set, and WEEZEVENT commits to informing its users, as long as the Organiser has configured the software correctly. The Organiser must also indicate any restrictions to the Admission Rights, such as a Buyer age limit or allowance, and WEEZEVENT undertakes to inform its users.
Compliance with tax regulations
The Organiser commits to acting in compliance with the tax regulations governing the events it organises. In this respect, under its own responsibility, the Organiser must indicate in the software the rate of VAT that WEEZEVENT will have to apply to Ticket sales and its Remuneration. Also, it is expressly agreed and accepted that the Organiser will guarantee WEEZEVENT against any penalties or convictions that may be issued against it due to non-compliance with tax regulations in force.
The Organiser, under its own responsibility, also commits to notifying the Direction Régionale des Droits Indirects (Regional Department of Indirect Duties) it reports to for sports events or the Direction Générale des Finances Publiques (General Department of Public Finance) for other events, that it is setting up the ticketing system, prior to its first use.
The Organiser is required to keep its login details and the password used to set up the event secret and under no circumstances may WEEZEVENT be held liable in the event of fraudulent use thereof. In particular, it must ensure that the bank details indicated are correct and that they have not been modified.
Organisers that are legal entities are required to inform WEEZEVENT without delay of any change to their name or corporate name, their official address, the registered office of the company or charity or their billing address, the legal nature of their business, their bank details and VAT number. Organisers that are natural persons are held to the same obligations concerning changes in circumstances. Notification of such changes must be made in writing in the Software.
The Organiser also undertakes to inform WEEZEVENT of any event likely to lead to the cancellation of the Event.
The Organiser commits more generally not to act in such a way as to undermine WEEZEVENT’s brand image, and most importantly must fulfil its obligations towards Participants during the event.
The Organiser declares to be aware that in the minds of certain Participants, WEEZEVENT could be assimilated with itself. Consequently, it undertakes not to undermine WEEZEVENT’s credibility or image, or will run the risk of damages.
ARTICLE 15: Internet Rerouting — Advertising — Distinctive Trademarks and Signs — Widget
To sell the Tickets, the Organiser may set up a hypertext link on its own website www.ORGANISATEUR.fr redirecting users to WEEZEVENT’s technical solutions so that internet users can make their booking online. In this case, the Online Ticketing is accessed from the home page of the www.ORGANISATEUR.fr website or from any section dedicated to Ticketing.
The Organiser can also include a WEEZEVENT Widget directly on its page. In this case, Participants will place the order directly on the Organiser’s website.
Redirection to Organiser’s website or to a WEEZEVENT mini-site does not affect these contractual terms.
ARTICLE 16: Sponsorship — Referrals
WEEZEVENT has set up a referral scheme whereby an existing Organiser (referred to in this Article as “the Referring Party”) can recommend WEEZEVENT to a new Organiser (hereinafter “the Referee”) and receive a commission equivalent to 10% of the commissions earned by WEEZEVENT from the Referee, excluding sales tax and management fees, for a one-year period.
The commitments established in this Article are valid for a period of one year, and are not renewable by tacit agreement.
To do this, each Organiser has an “Referrals” section in its Software, in which WEEZEVENT provides an internet link equipped with a tracker. In order for the Referring Party to benefit from the referrals scheme, it must send the link to a potential Referee, who then clicks on the link to the WEEZEVENT Websites. If the potential Referee creates a WEEZEVENT account within a month, from the same computer or device, it will be automatically linked to the Referring Party.
WEEZEVENT will then register this referral and, if necessary, request additional information from the Referring Party.
Note that in the context of this Article, the Organiser could be considered by the tax authorities as carrying out a commercial activity.
The Referring Party will need to make a personal choice about the status that applies to it, both in terms of VAT and direct taxes. It will also have to indicate whether the commissions are subject to VAT or not.
In order to obtain the payment of commissions generated under the referral scheme, the Referring Party will send a formal invoice to WEEZEVENT, the amount of which, including all taxes, must correspond to the amount of the commissions due, as long as these are superior to fifty (50) euros.
The commissions due to the Referring Party, by virtue of this Article, will be paid at the same time as the final statement of account is sent to the Referee and, in all circumstances, after the organisation of the events organised by the Referee.
In cases of an event cancellation by the Referee or if the event is not successfully held, no commission will be due to the Referring Party. This means the Referring Party is responsible for the failures of the Referee, which it accepts.
WEEZEVENT undertakes to provide all necessary information to the Referring Party used to calculate commissions, subject to the protection of data concerning the Referee’s business and in line with confidentiality rules.
WEEZEVENT reserves the right to refuse a referral, especially in the case of a request to refer an existing account.
Because this Article relates to specific persons, under no circumstances may it, or any of the rights and responsibilities herein, be assigned or transferred to any other person, in any form whatsoever, by any of the parties.
The Referring Party undertakes to always behave as a loyal partner to WEEZEVENT and to act in good faith, and in particular, not to set up a system of self-referral. If WEEZEVENT has legitimate doubts about the presentation of a Referee, WEEZEVENT will suspend the payment of the commission previously defined. WEEZEVENT may request that documentation be submitted to demonstrate that the Referee is not the same person as the Referring Party.
WEEZEVENT will not pay any commission if it discovers that the Referring Party is an entity that controls, or is directly or indirectly controlled by the Referee. The Referring Party and the Referee must be two independent entities with no affiliation whatsoever.
Under the same conditions, WEEZEVENT will not pay any commission in the event that the Referring Party and the Referee have given the same bank account details.
In the event that the Referring Party does not comply with these rules, it will automatically be liable to WEEZEVENT for a lump sum payment of 10,000 euros, and the amounts paid under the referral scheme must also be returned.
ARTICLE 17: Use of the Ticketing Service at the Event venue by the Organiser
The WEEZEVENT solution can be used directly by the Organiser, at the event location. In this case, WEEZEVENT acts as a service provider, providing the Organiser with its automated Ticketing solution.
Unless the ticket earnings are taken using a WEEZEVENT payment terminal and cashed by WEEZEVENT, all the contractual provisions except Articles 1 to 7 provided for in these T&Cs are applicable to this contractual relationship subject to the terms laid out below.
Note that in the context of this type of use, the Organiser is considered to be selling the Tickets directly to Participants.
WEEZEVENT invoices the Organiser for a service. WEEZEVENT’s Remuneration is given in the Price List in the “Prices” section of the WEEZEVENT Websites.
ARTICLE 18: Equipment Rental
As part of the normal use of WEEZEVENT’s services, the Organiser may be required to rent equipment (access control, printing, etc.) from WEEZEVENT. In this case, a specific contract is signed between the Parties.
ARTICLE 19: Period of validity of the Contract and termination
This Contract is entered into for a fixed term and comes to an end when all the Events marketed by the Organiser via WEEZEVENT have taken place. As the Parties have not included a cooling-off period in the agreement, the contract will take effect on the date of its acceptance by the Organiser.
Should it deem fit, WEEZEVENT may automatically terminate this contract without prior warning and without a notice period in the event of a failure on the Organiser’s part to fulfil any of its obligations.
As such, WEEZEVENT may terminate the contract in the event of non-compliance with its tax, social security or security obligations with respect to the organisation of events or in the following cases (without this list being exhaustive):
- violation of the rights of third parties,
- dissemination of illegal content,
- violation of the provisions relating to Participant refunds,
- And generally in any circumstances where an action or behaviour could undermine WEEZEVENT’s reputation or image due to non-compliance with its obligations to the Participants as an Event Organiser.
The termination of this contract will be decided without prejudice to any further damages.
ARTICLE 20: Force Majeure
The Parties cannot be held liable for the non-performance or delayed performance of any of their obligations described herein as a result of a force majeure, as defined in Article 1218 of the French Civil Code. It is expressly agreed that the following occurrences can never constitute a case of force majeure, and the Organiser assumes full liability and all costs:
- Unpaid amounts,
- Cancellation or modification of an event, voluntary or otherwise.
Furthermore, WEEZEVENT uses all the technical systems that can currently be reasonably used to ensure the continuity of its service and in particular the hosting of WEEZEVENT Websites, and WEEZEVENT may not be held liable if its server, or the server(s) on which the Website is stored, is/are unavailable for reasons of force majeure such as, in particular, failure of the public power grid, strikes, storms, wars, earthquakes, failure of the public telecommunications network, loss of internet connectivity due to the public or private operators on which WEEZEVENT depends.
In the event of stoppage for technical maintenance, the provisions of Article 10 also apply.
The Organiser waives any compensation of any nature whatsoever in cases of force majeure and WEEZEVENT cannot be held liable if external service providers are used, or if it is impossible to sell the Event Tickets on the WEEZEVENT Sites.
This clause is considered as essential and decisive for the consent of WEEZEVENT.
ARTICLE 21: Reminder of the intrinsic characteristics of telecommunication networks
The Organiser considers itself to be fully informed of the risks inherent to the distribution of content across online networks, despite WEEZEVENT’s efforts to apply all available security standards to ensure a high level of security and reliability (https, ssl certificate, etc.).
The technical reliability of data transfer is only relative:
- The content of the Website may be disseminated, reproduced and represented without geographical limits,
- Data circulating on the internet is not protected against possible misappropriation or misuse,
- Any content provided may be subject to unauthorised third party intrusions and computer offences,
- The technical capabilities of online networks are such that at certain times of the day, internet access can be saturated (poor telephone connection, insufficient modem, insufficient bandwidth, node saturation, etc.).
As a consequence of these issues and in full knowledge of WEEZEVENT’s Services and Sites, the Organiser shall not hold WEEZEVENT liable for any of the facts or events mentioned above.
ARTICLE 22: Agreement on Evidence — Online Contract Process
The online process for entering into contracts is compliant with the provisions of Articles 1366 et seq. of the French Civil Code.
Evidence of duly certified deeds will be kept and archived by WEEZEVENT in accordance with the legal and regulatory provisions in force (under French civil law).
To provide evidence of deeds, facts or omissions, the Parties may make use of programs, data, files, recordings, transactions and other elements of a digital nature or format.
The Organiser undertakes not to contest the admissibility, validity, enforceability or conclusive value of the aforementioned elements of a digital nature or format, on the basis that they are electronic or digital. Unless proven otherwise, these elements shall be deemed valid and enforceable between the Parties in the same manner, under the same conditions and with the same conclusive value as any document drawn up, received or kept in writing.
It is expressly agreed that in the event of any discrepancy between WEEZEVENT’s computerised records and the paper or electronic documents available to the Organisers, WEEZEVENT’s computerised records will prevail.
ARTICLE 23: References
WEEZEVENT is expressly authorised to include the name of the Organiser on the list of its commercial references, unless it receives an express written objection from the Organiser.
ARTICLE 24: Data Protection
Pursuant to Act 78–17 of 6 January 1978, any personal data requested from the Organiser is necessary for the provision of services.
This data may be communicated to potential WEEZEVENT partners in charge of the performance, processing, management and provision of the WEEZEVENT service.
The processing of information communicated through WEEZEVENT’s Websites has been declared to the CNIL (French national commission for IT and civil liberties).
In accordance with national and European regulations in force, the Organiser is entitled to access, modify, rectify and oppose any data about it.
This right may be exercised under the conditions and according to the terms defined on WEEZEVENT’s Websites.
ARTICLE 25: Compliance with the GDPR
As part of its operations, WEEZEVENT is required to collect personal data from Participants for its own records, to ensure the proper performance of transactions (i.e. the sale of Tickets to Participants) and to keep evidence of said transactions. WEEZEVENT is also required to act as subcontractor of the Organiser (i.e. data controller) since it handles the processing of personal data on behalf of the Organiser in charge of organising the event and selling Tickets directly to Participants through the WEEZEVENT services.
The purpose of these clauses is to define the conditions under which WEEZEVENT will perform the data processing operations defined below, on behalf of the Organiser.
As part of their contractual relations, the Parties undertake to comply with current regulations applicable to the processing of personal data and, in particular, with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinafter “the European Data Protection Regulation”).
Definition of the data that WEEZEVENT is authorised to process on behalf of the Organiser:
WEEZEVENT is authorised to process, on behalf of the Organiser, the personal data necessary to provide the following service(s):
- The sale of Tickets by WEEZEVENT to Participants on behalf of the Organiser pursuant to these T&Cs,
- The supply of equipment to control the access of Ticket-holding Participants to the Organiser’s Event,
- The dissemination of information and updates regarding the organisation of the event.
The operations performed on the data include:
- Collection and identical reproduction for the benefit of the Organiser,
- Conservation until expiration on WEEZEVENT’s systems,
- Aggregation for event access and sales statistics.
The purposes of the processing are:
- To identify the Participant,
- To check that the Participant is authorised to attend the event,
- To verify the specific conditions of the different price categories of the event,
- To ensure interoperability with third-party access control solutions,
- To send out practical information about the event,
- To retain evidence of the transaction between WEEZEVENT, the Participant and the Organiser,
- In the event that the Organiser wishes to collect other data for other purposes, it will need to enter (i) the nature of the data and (ii) the purpose of its collection when creating the event in the Software. It is specified that, in this context, the Participant may object to the collection of such data.
The personal data processed is:
- By default, last name, first name, email address and phone number,
- Depending on the needs of the event: company name, date of birth, postal address, a photo identifying the person,
- For reasons of traceability, the IP address of the purchase is also kept,
- The payment reference with our bank payment provider,
- Note that the Organiser itself configures the event before the Tickets are sold, so the personal data processed usually consists of all the information whose input is requested by the Organiser when setting up the event.
The categories of people concerned are:
- Any natural person who has acquired Tickets to attend the event venue.
For the performance of the service covered in these T&Cs, the Organiser provides WEEZEVENT with the following necessary information:
- Name or corporate name of the Organiser,
- Email address,
- Legal status,
- Intra-Community VAT number, where applicable
- The name and surname of its legal representative,
- Postal address,
- Bank details (IBAN) when ticket earnings are collected by WEEZEVENT.
WEEZEVENT reserves the right to request any other information relating to the Organiser, in particular if there is any doubt about the actual holding of the Event or the proper conduct and good faith of the Organiser.
Obligation of WEEZEVENT vis-à-vis the Organiser:
WEEZEVENT undertakes to:
- Process data only for the purposes for which it is being subcontracted,
- Process data according to the instructions received in the configuration of the event. If WEEZEVENT considers that a given instruction is a violation of the European Data Protection Regulation or any other provision of EU law or data protection law of another Member State, it shall immediately inform the Organiser. Similarly, if WEEZEVENT is required to transfer data to another country or to an international organisation, under EU law or the law of the Member State with which it must comply, WEEZEVENT must inform the Organiser of this legal obligation prior to processing the data, unless the law concerned prohibits such information for reasons of public interest.
- Guarantee the confidentiality of personal data processed under this contract,
- Ensure that the persons authorised to process personal data under this contract undertake to uphold confidentiality or are subject to an appropriate legal obligation of confidentiality, and that they receive the necessary data protection training,
- Take into account, with regard to its tools, products, apps and services, the principles of data protection.
WEEZEVENT uses subcontractors as part of its operations, which the Organiser expressly agrees to, across the board. The subcontractors in question must, under the responsibility of WEEZEVENT, comply with the data protection obligations arising from this contract. WEEZEVENT shall therefore ensure that its subcontractors provide sufficient guarantees regarding the implementation of appropriate technical and organisational measures to ensure that its processing meets the requirements of the European Data Protection Regulation.
Right to information of the persons concerned:
WEEZEVENT shall send all data subjects, using appropriate means, relevant information about the data processing it carries out.
Enforcing the rights of data subjects:
Wherever possible, WEEZEVENT will help the Organiser fulfil its obligation to respond to requests to exercise the rights of data subjects: the right to access, rectify, delete and oppose data, the right to restriction of processing and the right to data portability, the right not to be subject to automated decision-making (including profiling).
If necessary, the Organiser will authorise WEEZEVENT to respond to requests from data subjects within the legal deadlines so they can exercise their rights with regard to the data covered by the subcontracting provided for in this contract.
Notification of data protection violations
WEEZEVENT will notify the Organiser of any data protection violation within 72 hours of being made aware of the breach, by email.
This notification shall be accompanied by all relevant documentation to enable the Organiser, if necessary, to report this violation to the relevant supervisory authority.
Support from WEEZEVENT to help the Organiser fulfil its obligations:
WEEZEVENT shall provide the Organiser with any necessary assistance for compliance with its legal obligations.
WEEZEVENT undertakes to implement the following security measures:
- Verification of the identity and rights of individuals accessing personal data,
- Physical and logical protection against access to data other than through the WEEZEVENT app,
- Logical protection of the WEEZEVENT app against unauthorised access to data,
- Guarantee of persistence and restoration in the event of system failure.
The Organiser undertakes to implement the following security measures in its internal organisation:
- Pseudonymisation and encryption of personal data,
- Implementation of means to ensure the confidentiality, integrity, availability and ongoing resilience of processing systems and services,
- Measures to restore the availability of and access to personal data in the event of physical or technical incidents,
- A procedure to test, analyse and regularly evaluate the effectiveness of technical and organisational measures to ensure the security of data processing.
At the first request of WEEZEVENT, the Organiser must be able to justify the procedures implemented to guarantee the security of the personal data collected and processed by WEEZEVENT on behalf of the Organiser. WEEZEVENT further reserves the right to suspend the performance of all or part of the clauses of this agreement in the event of legitimate doubt about the Organiser’s ability to comply with its legal and regulatory obligations in terms of data protection and in the event of misuse of its services. WEEZEVENT shall not assume any liability for violations by the Organiser of its own obligations, as WEEZEVENT may only be held liable for the security measures implemented by its own departments.
What happens to data after processing:
Upon completion of the services relating to the processing of this data, WEEZEVENT undertakes to destroy all personal data.
With the agreement of WEEZEVENT, the Organiser may request that the data be sent to it or passed on to another subcontractor designated by the Organiser.
Once sent, all existing copies of this data in the WEEZEVENT information systems must be destroyed. WEEZEVENT will offer proof of this in writing, at the request of the Organiser.
Data Protection Officer:
At the request of the Organiser, WEEZEVENT will communicate the contact details of its data protection officer.
Record of Processing Activities:
WEEZEVENT agrees to keep a written record of all categories of processing activities performed on behalf of the Organisers, including:
- The name and contact details of the Organisers on whose behalf it is acting, its potential subcontractors and, where applicable, the data protection officer,
- All categories of processing performed on behalf of the Organisers,
- Where applicable, data transfers to another country or to an international organisation, including the identification of said country or organisation, and, in the case of transfers referred to in the second subparagraph of Article 49 (1) of the GDPR, documents proving the existence of appropriate guarantees,
- To the extent possible, a general description of the technical and organisational security measures in place, including, but not limited to, as appropriate: (i) the pseudonymisation and encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (iii) the ability to restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident, (iiii) a process for regularly testing, analysing and evaluating the effectiveness of technical and organisational measures to ensure the security of processing.
Obligations of the Organiser:
The Organiser undertakes to:
- Provide WEEZEVENT with the personal data to be collected as part of the transactions, when configuring its event(s). In this regard, the Organiser commits to only allowing the collection for its own needs of the data strictly necessary to proceed with the transactions and the organisation of its events,
- Document in writing any instructions regarding data processing,
- Comply with the obligations incumbent upon it in relation to the European Data Protection Regulation and guarantee WEEZEVENT in this regard,
- Supervise processing and take responsibility for it.
ARTICLE 26: General provisions
Enforcing specific performance
As an exception to the provisions of Article 1221 of the French Civil Code, the Parties agree that in the event of a failure by either Party to fulfil its obligations, the non-defaulting Party may not seek to enforce this performance. Furthermore, by express derogation from the provisions of Article 1222 of the French Civil Code, in the event of a failure by either Party to fulfil its obligations, the non-defaulting Party may perform the obligation through a third party, at the expense of the defaulting Party.
Because this contract relates to specific persons, the Organiser is prohibited from assigning or transferring, in any manner whatsoever, the rights and responsibilities resulting therefrom, without the express prior written consent of WEEZEVENT.
In accordance with the provisions of Article 1216 of the French Civil Code, any transfer of the present contract must be recorded in writing, failing which it will be considered void.
The Organiser undertakes to inform WEEZEVENT in advance of any information concerning the prospective successor as well as the latter’s fulfilment of all the rights and responsibilities herein.
WEEZEVENT has a maximum period of 15 days from receipt of the notification sent by registered letter with acknowledgement of receipt to make its position known as to whether or not this contract may be transferred to the prospective successor, under the conditions and according to the formats specified above.
Failing a response within this period, in accordance with the aforementioned conditions, WEEZEVENT approval will be deemed refused.
WEEZEVENT is authorised to assign this contract, without prior authorisation, with signature of these terms considered prior consent. In this case, WEEZEVENT will not be jointly liable with the assignee. Such an assignment must be recorded in writing, in accordance with the provisions of Article 1216 of the French Civil Code.
The Contract expresses all the rights and responsibilities of the parties. This Contract cancels and replaces any verbal or written agreements that may have been previously concluded between the Parties.
The potential cancellation of one or more clauses of this agreement shall not affect its other stipulations, which will continue to have full effect, provided that the general structure of the agreement can be safeguarded.
In the event that the performance of one or more of the clauses of this contract are rendered impossible by its cancellation, the Parties will try to come together to establish a new clause whose purpose and content will be as close as possible to the previous clause, with the other stipulations of the Agreement remaining in force.
Failing this, or if the general scheme of the agreement was found to be fundamentally disrupted, the Parties may, by common agreement in writing, declare the cancellation of this agreement in its entirety.
WEEZEVENT may freely offset any sums due to the Organiser in connection with the sale of Tickets with the amounts due to WEEZEVENT, for any reason whatsoever, including in cases where the Organiser has set up several events. Such contractual compensation will also occur in the event that WEEZEVENT withholds amounts to make refunds, since WEEZEVENT is expressly authorised to withhold amounts from the Organiser, including for events that are not being cancelled or at risk of cancellation.
Any issues relating to the interpretation, performance or termination of the Contract, which cannot be amicably resolved, will fall within the exclusive jurisdiction of the competent courts of PARIS, to which the Parties have granted jurisdiction, irrespective of the location of performance of the Contract concerned or the residence of the defendant, even in the case of a third party claim or a summary procedure.
This contract is subject to French law which will govern its formation, application and interpretation.
ARTICLE 27: Final provisions
In the event of any changes to these terms and conditions, the Organiser will be informed by email.
Changes will take effect only after a period of ten (10) full days after this notification, except when otherwise imposed by the laws and regulations in force.
The changes will also take effect for events already registered online, which the Organiser expressly accepts.
It is formally agreed between the Parties that any tolerance or waiver by either of the Parties in the application of all or part of the commitments provided for in the Contract, whatever their frequency or duration, does not constitute a change to the Contract, nor it is likely to generate any rights. The nullity, obsolescence, or absence of binding force or the unenforceability of any stipulation of the Contract does not entail the nullity, obsolescence or absence of binding force or the unenforceability of the other stipulations, which will retain all their effects. However, the Parties may, by mutual agreement, agree to replace the stipulation(s) deemed to be invalid. The invalidity of one of the clauses of these conditions does not lead to the annulment of the contract. In this case, additional legal rules will apply.
Last update: September 21th 2018