TERMS AND CONDITIONS OF USE (CGU)

1.APPLICABILITY OF THE GGU

The present General Conditions of Use apply to any physical or moral person accessing the 2BEVENTS website, accessing its services as defined hereafter, they complete the General Conditions of Subscription appearing on the site and have contractual value with regard to each User, and this whatever the place of residence of the User. The website belongs to 2BEVENTS, whose legal identity is shown below.

2.SERVICE DESCRIPTION

The Service consists mainly of access to a space on the 2BEVENTS Site, the structure, layout and organization of which is specially dedicated to customers, enabling them to remotely market their products and services to consumers via specifically dedicated media or smartphone applications enabling consumers to connect. Customers and consumers are hereinafter referred to as "Users".
By accessing the Service, all Users, regardless of their status, declare that they have read, understood and accepted these General Terms and Conditions of Use (hereinafter referred to as the "GTCU"). As a User-customer, you also acknowledge that you have read and accept the General Terms and Conditions of Subscription.

3.DEFINITIONS

Website: refers to the 2BEVENTS website.
Supplier: 2BEVENTS, SAS with capital of €161,512, headquartered at 528 rue des Prés Paris, 74970 MARIGNIER, France, and registered in the ANNECY Trade and Companies Register under number 819 547 324.
Users: all individuals or legal entities accessing the 2BEVENTS website wishing to discover and/or access the Service as a customer or consumer. Customers: professional users of the Service who market products and/or services via the Service and the Website, they may be natural persons in their own right or legal entities.
Consumers: users who are natural persons or legal entities wishing to purchase products and/or services marketed through the Service and the Website,

4.SCOPE OF SERVICES

Through the Website, 2BEVENTS provides an online reservation and purchase Service and consequently provides an intermediary service between its Customers who wish to market and advertise their products and services and Consumers who wish to purchase them.
Consequently, 2BEVENTS is only bound by an obligation of means towards the Users and will in no case be responsible for the incompatibility of the Service with the needs and wishes of the Users once the latter have been able to acquaint themselves on the Website with all the functionalities and characteristics of the Service, Similarly, 2BEVENTS shall not be liable for the failure of Users to achieve their marketing objectives in the case of Customers, or their satisfaction objectives in the case of Consumers, or for the quality, reliability or solvency of Users, their relations or any claims that may arise between them.
Similarly, the Service and the Website, which bring together the various Users and enable them to exchange information and make commitments, do not constitute a legal framework that can in itself replace documents or contractual commitments between Users, particularly in the event of disagreement or conflict. The customer-user marketing products or services must make available to consumer-users the legal documents required to carry out transactions, and in particular the general terms and conditions of sale.

5.USER ACCOUNT

Each User wishing to access the Service and the Site must create a User account, indicating his/her surname, first names, telephone number, e-mail address and bank details if he/she wishes to become a Consumer. This data will be protected in accordance with the provisions of article 8 below.
By creating an account with the SUPPLIER, the User is given a strictly personal login, which he undertakes to keep confidential and which he may not transfer. The User alone is authorized to use the corresponding Service and the Web Site, in particular the area dedicated to the User, offered by 2BEVENTS.
The User undertakes not to use a login that infringes the rights of a third party. The User will not, for example, adopt a login that infringes an intellectual property right, a registered trademark, a company name or any other directly or indirectly nominative data.

6.EXCHANGES AND DOWNLOADS

Users may exchange opinions, comments, and submit suggestions, questions or any other information, as well as upload information, photos, images, plans, as long as such content is not illegal, obscene, abusive, threatening, defamatory, libelous, misleading, infringes the intellectual property rights of third parties, or is otherwise injurious to third parties or objectionable, and does not consist of or contain computer viruses, political activism, commercial solicitations, chain letters, mass mailings or any other form of "spam".
2BEVENTS reserves the right to remove any notice that is contrary to these principles, and also reserves the right to hold the User civilly and/or criminally liable.
In the event of an action brought by a third party alleging that documents used by one of the Users infringe a patent or any other industrial or intellectual property right, the User who supplied the disputed equipment or documents will be solely responsible for defending and settling the dispute and its financial consequences.

7. LIABILITY

2BEVENTS strives to provide a quality Service through its program and its Site but cannot verify or guarantee the accuracy, precision or completeness of the information exchanged between Users as part of their transactions concerning products and/or services. 2BEVENTS cannot be held responsible for any errors, imprecise, misleading or erroneous information, or any lack of information.
Each User remains responsible at all times for the accuracy, completeness and correctness of the information concerning him or her displayed through the Service. The Service does not constitute and shall not be considered to be any form of recommendation or endorsement of the quality, skills, level of service or rating, or solvency of any User.
Similarly, 2BEVENTS cannot be held responsible for any interruption of Service (due to a technical failure, whether temporary and/or partial, breakdown, repair, update, improvement or maintenance of its Website or Software). The User must inform 2BEVENTS of any malfunction of the Service as soon as possible.
2BEVENTS will make every effort to ensure that the Service is accessible to Users at all times. 2BEVENTS cannot be held responsible for the unavailability of the Service for any reason whatsoever. However, 2BEVENTS may decide to interrupt the Service for technical maintenance or updating, and will endeavor to inform Users in advance of the dates and times of the intervention and its duration.
2BEVENTS cannot be held responsible for material damage related to the use of the Service, such as for example the loss or hacking of data, or the introduction of a virus. In addition, the User undertakes to access the Service using recent, virus-free hardware and with an up-to-date browser.
Should the SUPPLIER be held liable in connection with the use of the Service, the Customer User may claim damages from the SUPPLIER only up to the limit specified in article 8 of the General Terms and Conditions of Subscription. With regard to Consumer Users, the SUPPLIER's liability, if any, shall be limited to the price of the product or service that the Consumer was unable to consume as a result of a faulty Service, or to the replacement of the same product or service, at the SUPPLIER's discretion. In all cases, the SUPPLIER's overall liability hereunder shall be limited solely to direct material damage caused to Users as a result of duly proven faults attributable to the SUPPLIER. Under no circumstances will 2BEVENTS be liable to compensate for consequential or non-consequential immaterial damages, such as operating losses, production losses, loss of earnings, loss of profits, loss of contract, loss of image, loss of opportunity, commercial loss, miscellaneous additional costs, immobilization of personnel or equipment, or any indirect damage. Users and their insurers, for whom they are responsible, declare that they waive any recourse against 2BEVENTS and its insurers beyond the limits and exclusions set out above.
The performance of the SUPPLIER's obligations under these General Terms and Conditions of Use will be temporarily or permanently suspended by the occurrence of an event constituting force majeure in the usual sense of the term, including, but not limited to, natural disasters, acts of public authority, embargoes, strikes, exceptional weather conditions preventing delivery, insurrections, riots, etc. The fact that 2BEVENTS is no longer able to operate the Web Site for technical or property rights reasons will also constitute a case of force majeure justifying the termination of the Service without liability on the part of the SUPPLIER. The fact that 2BEVENTS is no longer able to operate the Web Site for technical or property rights reasons also constitutes a case of force majeure justifying the termination of the Service without liability on the part of the SUPPLIER.

8.PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978 and EU Regulation 2016/679 (RGPD), in force on May 25, 2018, Users are reminded that the personal data requested from them is required to create their user account on the Website, enabling them to access the Service. The sole purpose of collecting and processing this data is to process subscriptions for Customer Users and to process reservations and purchases for Consumer Users.
To this end, Users will be given an information and consent form when they register on the Web Site, informing them of their rights under the above regulations and enabling them to ensure that their personal data is protected and secured, and to have the name of a contact person, responsible for processing, within the SUPPLIER's company. The information and consent form will be made available to Users, who will be asked to complete it online.
This data may be communicated to any of the SUPPLIER's partners in charge of executing, processing, managing and paying for orders, the latter being bound by an obligation of confidentiality. In accordance with current national and European regulations, the User has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
Each User-Customer who collects nominative data from User-Consumers, in the context of marketing its products and/or services through the Service and the Website, in order to make use of it in any way whatsoever, must comply with the legal provisions set out above and must carry out the formalities required in terms of information and consent. This obligation is the sole responsibility of the User-Customer, and 2BEVENTS is not required to carry out any verification and shall have no liability whatsoever.

9.CONFIDENTIALITY

2BEVENTS has an obligation of confidentiality towards Users with regard to all data and information of any nature whatsoever that they deposit through the Service on the Website. It will ensure the security of such data and information, to the extent technically possible, so that it cannot be accessed by a third party who is not a User.
2BEVENTS will not be held responsible in the event that the obligation of confidentiality is not respected by one of the Users. It is up to the Users to set up appropriate confidentiality clauses and to take sufficient measures to prevent unauthorized third parties from accessing confidential information and data. Users are also reminded that the access codes and authorizations communicated to them by 2BEVENTS are personal and confidential and may not be transferred or distributed.
This obligation of confidentiality also extends to any confidential information to which the User may have gained access by mistake.

10.SUPPLIER DETAILS

Company name: 2BEVENTS SAS
Share capital: €161,512
Head office: 528 rue des Prés Paris, 74970 MARIGNIER
RCS number: RCS of ANNECY under number 819 547 324
VAT identification number: FR56819547324
E-mail address: contact@obypay.com or contact@letiekar.com

11.INTELLECTUAL PROPERTY

2BEVENTS will retain full and complete ownership of the descriptions, plans, drawings, photos, graphic charter, color code and other documents or distinctive signs appearing on its Internet Site, as well as the methods and Service made available to Users which are its own.
Any reproduction, representation, modification, publication or adaptation of all or part of the above elements, by whatever means or process, is forbidden without the prior written authorization of the SUPPLIER. Otherwise, such actions will be considered as counterfeiting and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
2BEVENTS grants Users a personal and non-exclusive right to use the Service for their own purposes.
2BEVENTS does not grant Users the right to reproduce and represent in full, nor the right to adapt, improve, translate, market, rent or exploit in any way other than for their own use. Each User undertakes to use the Service and the Website solely for his or her own needs.
Use of the Service is limited to the duration of the subscription to the Service. 2BEVENTS will assist the User in the event of any anomalies, incidents, errors or malfunctions in relation to the specifications, unless such incident is not attributable to the Service or the Website. The User undertakes to provide the SUPPLIER with any information relating to the use of the Service, and in particular to the computer environment in connection with the use of the Service.
Users agree not to divulge, in any capacity whatsoever, on their own behalf or on behalf of a third party, any information concerning the characteristics and specific features of the Service that is considered confidential.
2BEVENTS guarantees Users the peaceful enjoyment of the Service, which in no way infringes the rights of third parties.
Subscription to the Service is strictly personal to Customer Users, and may not be transferred by them to any person or company whatsoever, in whole or in part, directly or indirectly, and in any manner whatsoever, in particular by way of merger, contribution, or free management, without the prior written consent of the SUPPLIER.

12. GENERAL PROVISIONS

10.1 2BEVENTS may modify these terms and conditions at any time to reflect changes in its Site and Service offering. Occasionally, 2BEVENTS may interrupt the Service for operational reasons, maintenance or in case of emergency without this giving rise to damages of any nature whatsoever.
10.2. Users connect to the Website and enter into contact either by means of their own telecommunications terminal equipment or smartphone, or by means of support made available by 2BEVENTS to Customer Users. 10.3. The invalidity of one or more of the clauses of these general terms and conditions shall not invalidate the other clauses.

13.TRANSLATION - LANGUAGE OF THE CONTRACT

In the event that these GCU are drawn up in several languages, it is expressly understood that the French version shall be the only authoritative version, particularly in the event of difficulties of interpretation and/or application of the provisions of the said Conditions. The language applicable to the GCU is French.

14.JURISDICTION - APPLICABLE LAW

Any dispute relating to the formation, interpretation or performance of the contractual obligations contained in the GCU, which cannot be settled amicably, will be submitted to the competent jurisdiction of the courts of LYON. This clause applies only to Users who are professional Customers and does not apply to Users who are natural persons, in particular consumers within the meaning of the law and as defined by the HAMON law.
The User, acting as a natural person or consumer, is hereby informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the Internet, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The law applicable to these GCU is French law, regardless of the User's domicile.