GENERAL CONDITIONS OF PARTICIPATION
1) GENERAL PROVISIONS
The provisions of these general conditions of participation (hereinafter, the “General Conditions”) shall apply to all visitors and service providers (hereinafter, the “Participants”), who request admission to the various professional events organised by STARTUP SESAME or its partners (hereinafter, the “Organiser”), a French société par actions simplifiée (simplified limited company) with share capital of €1.000, whose registered office is located at 18 rue de la Jonquière, 75017 Paris, France, and which is registered with the Paris Trade and Companies Register under number 828 539 197.
These General Conditions shall also apply to parties who contract with the Organiser. The goods and services offered in connection with the event shall meet only the business requirements of any registered individual or legal entity. The Organiser reserves the right to refuse to contract with any person on any legitimate grounds, such as a dispute, etc.
2) ACCEPTANCE OF CONTRACT DOCUMENTS
Any admission to the event shall be deemed the Participant’s total and complete agreement with and acceptance of the provisions of the General Conditions, available upon registration and all of which may be downloaded directly from the event’s website.
Any amendments or reservations that the Participant may make to the General Conditions in any manner whatsoever shall be deemed void.
3) AMENDMENTS TO AND PRIORITY OF THE GENERAL CONDITIONS
The Organiser reserves the right to decide on all matters not covered by these General Conditions.
The General Conditions shall prevail over any general terms and conditions of purchase of Participants. In the event of a discrepancy between the French and English versions of the General Conditions, the French version shall prevail.
4) POSTPONEMENT OR CANCELLATION OF EVENTS
Until the date on which registration closes, Participants shall assume all risks associated with the non-occurrence of the event and, in particular, they alone shall bear costs they may have chosen to incur in anticipation of the event.
However, Participants may be refunded the amounts of their deposit or participation fee if the event is cancelled or upon the occurrence of a force majeure event. In the latter case, Participants shall be refunded an amount equal to sums already paid, less expenses incurred by the Organiser.
A force majeure event is any new health, climatic, economic, political or social situation, at the local, national or international level, that:
• is not reasonably foreseeable at the time the event is advertised to Participants;
• is beyond the Organiser’s control; and
• makes it impossible to hold the event or creates risks of disturbances that may seriously affect the organisation and proper functioning of the event or the safety of property and persons.
If the event is postponed, the amount of the deposit or participation fee paid by Participants shall be carried over in view of their participation in the new event.
ADMISSION TO EVENTS
5) ADMISSION REQUIREMENTS
Persons under the age of 18 may not be admitted to the event, except with the Organiser’s prior written authorisation.
The Organiser reserves the right to refuse entry to or to have expelled, temporarily or permanently, any Participant whose presence, conduct or behaviour threatens the image, peace or safety of the event and/or of the Participants and/or the integrity of the site. In such case, the Participant shall be reimbursed the share of sums already paid applicable to the remaining days of the event.
To gain admission to the event Participants must show an admission pass, which the Organiser shall issue free of charge or for consideration in accordance with its own procedures. The distribution, reproduction or sale of admission passes in order for any person other than the Participant to derive a profit therefrom is strictly forbidden and is liable to prosecution.
Due to the international nature of the event, Participants shall:
• Ensure that their participation is neutral in terms of political, ideological or religious expression;
• Not create disturbances (visual, audial, olfactory, etc.) to the organisation of the event, the other Participants, or the public, in the advertising space assigned to them within the venue or in the vicinity of the event.
Otherwise, the Organiser reserves the right to impose penalties, including refusing admission to the event.
The Organiser reserves the exclusive right to post advertising in the venue where the event is held and in the immediate surrounding area.
All forms of advertising are strictly forbidden, with the exception of advertising that uses the media defined below in article 12, and the advertising spaces that the Organiser assigns. In the event of non-compliance with these requirements, the Organiser may remove such advertising at any time without prior notice.
Participants shall not within the location of the event display products or services or advertise companies or businesses that are not participants, without the Organiser’s prior written authorisation.
Furthermore, the distribution of leaflets, brochures, flyers or documents of any type for promotional or any other purposes is strictly limited within the event venue and the immediate surrounding area and is subject to the Organiser’s prior authorisation. Participants shall not, in any manner whatsoever, advertise any practitioner or establishment that is a member of a regulated profession for which the national and official organisation that represents the profession prohibits advertising.
7) PHOTOGRAPHY AND FILMING (AUDIO AND VIDEO)
The Participant is informed that the taking of photographs and/or the making of audio and video recordings by other Participants is possible but he can oppose its operation. The Organizer is exempt from any liability in this regard.
Unless Participants expressly communicate their opposition, Participants authorise, free of charge, the Organiser and its partners to photograph and/or record the voice and image of the Participant(s) and to communicate to the public, in the whole world, such photos and/or recordings, which may be presented (in particular in the form of live or delayed broadcasting), reproduced without limit as to the number of reproductions and published, in the whole world, for a period of five (5) years, in any format (in particular, downloadable formats, including MP3, podcasts and webcasts), using any method or process known or unknown at this time, in whole or in part, on all tangible or intangible media known or unknown at this time, including but not limited to paper, optical, analogue and digital media (CDs, DVDs, etc.), or over an electronic network (the internet and, in particular, the websites of the Organiser and its partners), and on any other promotional or marketing tool it may use for information or promotional purposes.
FINANCIAL TERMS AND CONDITIONS APPLICABLE TO PARTICIPATION
8) PRICE AND PAYMENT PROCEDURES
The registration fee, possible ancillary costs and the payment procedures and time periods are specified by the Organiser notably in the participation contract.
The Organiser does not apply any commercial discount, rebate or reduction policies, and Participants shall not be granted any discount in the event of payment before the due date. An additional invoice shall be issued for any service Participants may order that is not specified in the registration.
9) LATE PAYMENT OR NON-PAYMENT
In accordance with Article L. 441.6 of the French Commercial Code (Code de Commerce), in the event of late payment, the Participant shall be liable for late payment penalties calculated at three (3) times the legal interest rate, as from the day following the payment date shown in the registration form and on the invoice and of a flat compensation for recovery costs in the amount of 40 euros, being specified that if the exposed recovery costs are superior to 40 euros, the Organiser may ask for supplementary compensation, with justificatory documents. This provision shall not be deemed a grant of an extension of time to make payment.
A Participant’s failure to comply with the payment provision clause shall automatically cause the amount of the registration fee to become immediately due and payable and/or shall entitle the Organiser to suspend performance of services, in particular access to the event. When the problem has been resolved, at the Organiser’s discretion, the Participant may be offered a substitute alternative solution.
Failure to pay the price in full shall preclude the Participant from registering for any future event of the Organiser.
10) CANCELLATION OF PARTICIPATION
The participation contract is final, non transferable and irrevocable, except with the Organiser’s prior written authorisation. The entire amount of the participation fee shall be owed in the following cases:
• The Participant cancels its registration on any date whatsoever and for any reason whatsoever; or
• At the time of its registration, the Participant provides information that is false, erroneous or becomes inaccurate and, as a result thereof, it is refused admission to the event;
with the exception of the occurrence of a force majeure event, as defined by Article 1148 of the French Civil Code (Code Civil) which, if proved, shall entitle the Exhibitor to a refund of all amounts paid.
11) INTELLECTUAL PROPERTY
The Participant warrants the Organiser that it holds all intellectual property rights in the content defined below and in the materials exhibited, or that it holds the authorisations necessary to display and/or distribute them in connection with the event.
To ensure the complete transparency of the event, at the Organiser’s request, the Participant shall provide all the media containing them, related to the products and rights it offers.
The Participant shall hold the Organiser harmless in the event of any recourse on the grounds of non-compliance with these obligations.
12) ORGANISER’S MEDIA AND CONTENT
The Organiser shall provide the Participants with communication material and websites specific to the event (hereinafter, the “Organiser’s Media” or “its Media”). The Organiser is the owner and publisher of this Media.
This Media is protected and the Participant shall therefore not use it in any manner whatsoever without the Organiser’s prior written agreement.
• Organiser’s Media and Content provided to Participants
All texts, videos, images, distinctive signs, data, IT applications and/or functionalities published in the Organiser’s Media, with the exception of those submitted by Participants (hereinafter, the “Content”), are the property of the Organiser and/or third parties and are protected by the French Intellectual Property Code (Code de la Propriété Intellectuelle) and the French Civil Code. Therefore, Participants shall in no event reproduce, modify, delete, distribute, grant and/or use them, in whole or in part, and in any manner whatsoever, without the prior written agreement of the Organiser or the right holders. Otherwise, Participants risk being liable or being held liable.
• Organiser’s Media and Content provided by Participants
The Participant authorises the Organiser to reproduce and use its own content, for the time period during which the Organiser’s Media is distributed, free of charge and in the whole world. The Participant shall be solely liable for the information and documents that it provides and that are published and distributed via the Organiser’s Media. The Participant may not hold the Organiser liable, including in the event of an error and/or omission, in particular if due to erroneous or incomplete information provided by the Participant. Furthermore, the Participant shall ensure that it holds all necessary authorisations and, failing this, shall hold the Organiser harmless in the event of any recourse.
• Placing advertising on the Organiser’s Media
The Organiser shall determine the advertising spaces available on its Media and has a right to control all advertising distributed thereon in order to ensure compliance with applicable laws and protect the interests of the event and/or the Participants. In particular, the Organiser may delete any statements that may offend the public, present false or misleading information or promote unlawful or regulated activities, services or products, as well as any unlawful statement or image.
The Organiser may refuse to publish the text or advertisement at issue. In which case the Participant shall be reimbursed the price of the advertising space, to the exclusion of any other expenses, less sums incurred by the Organiser before it discovers the unlawful nature of the publication.
In the specific situation where a Participant has placed an order for advertising on the Organiser’s Media but fails to provide the Organiser with the information and documents necessary for publication in a timely manner, the Organiser reserves the right to make other arrangements with respect to such advertising space, in particular to publish the statement “Space reserved by …”, followed by the Participant’s name. In such case, the Participant shall not be entitled to claim a refund of the price of its order or any compensation. The documents used to publish advertising shall be returned to the Participant or its representative only upon request. The Organiser is required to keep such documents for one (1) year only, and may destroy them after such period.
13) COLLECTION AND USE OF DATA
Participants are informed that their personal data, i.e. all information requested of them, in particular at the time they register for the event, and that enables them to be (directly or indirectly) identified (such as their surname, first name) is indispensable for registration and gaining admission to the event. For these purposes, personal data is processed electronically, and such processing is reported to the French National Data Protection Authority (Commission Nationale Informatique et Libertés or CNIL).
For the purposes of participating to the event, all or some of this personal data may be :
• communicated to third parties that have entered into contracts with the Organiser, in particular sponsors, service providers and partners of the Organiser,
• used on all distribution and promotional media in connection with the relevant event including over the internet.
This personal data may be transmitted anywhere in the world, including at times to countries that may not necessarily guarantee a level of data protection equivalent to that guaranteed by the French Data Protection Act, as amended.
In accordance with the French Data Protection Act of 6 January 1978, as amended, Participants may exercise their right to access, correct and oppose the use of their personal data by writing to the following email address: firstname.lastname@example.org.
INSURANCE AND LIABILITY
Participants shall ensure that they have taken out all insurance policies necessary for their participation. The Organiser declines all liability in this regard, in particular for the loss or theft of personal property.
15) LIABILITY OF THE ORGANISER
The Organiser shall not be liable for any losses that Participants may sustain (including loss of use and business losses) for any reason whatsoever, with the exception of bodily injury.
The Organiser only owes the Participant a reasonable endeavours obligation.
Depending on the circumstances, the Organiser reserves the right to take the following actions, without the Participant being entitled to claim any compensation:
• Denied access to the event of the Participant’s partial or total non-performance of the provisions of the General Conditions;
• Prohibit the Participant from participating in the event for two (2) full consecutive years;
• Require the Participant to comply with a court decision that makes a finding of infringement.
These sanctions may be imposed without prejudice to legal action the Organiser may initiate to assert its rights and claim damages on the grounds of the Participant’s breach of contract.
The Participant shall be liable for expenses incurred in connection with the Organiser’s actions (in particular, bailiff’s costs, etc.).
In the event any of the above provisions is held to be void, such provision shall be severed from the agreement without affecting the validity of the other provisions of the General Conditions.
18) GOVERNING LAW AND JURISDICTION
These General Conditions and the registration form, which are an adhesion contract are governed by French law.
The French versions thereof, which the Participant acknowledges it has read (during the registration and/or on the event’s website and/or upon written request from the Organiser) are the only versions binding the parties, which the parties expressly acknowledge.
The Participant undertakes to seek an amicable resolution with the Organiser before initiating legal action before the competent courts. THE PARTIES EXPRESSLY AGREE THAT IN THE EVENT OF A DISPUTE CONCERNING THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE ABOVE PROVISIONS, THE COURT WITH JURISDICTION OVER THE ORGANISER’S REGISTERED OFFICE SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR SUCH DISPUTE.