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Terms of Use

TERMS OF USE « OMYAGUE » 2017

PREAMBLE

These Terms of Use are concluded between the User and the company CO7COM, a Simplified Joint Stock Company with a capital of €30,000, registered with the Bordeaux Trade and Companies Register under number B 794 905 752 and headquartered at 2 boulevard Jean- Jacques Bosc, BÈGLES (31130), France, represented by its Chairperson, Mrs. Nathalie COZETTE, residing in her official capacity at said address, (hereinafter referred to as the "Provider") whose activity is to connect professionals through a website dedicated to business gifts and luxury incentives.

These Terms of Use define the rules and conditions of use of the OMYAGUE website, published and administered by the company CO7COM, accessible at www.luxurycorporategifting.com, www.luxurycorporategifting.co.uk and usable on any device such as computers, smartphones and tablets (hereafter referred to as the "Website").

Any use of the Website implies full and unreserved acceptance of all of these Terms of Use. The acceptance by the User of these Terms of Use is confirmed by the User checking the box that states “I have read and accepted the full General Terms and Conditions of Use”. (Read the Terms of Use) "when registering [_1]. This is tantamount to the User acknowledging that it is fully aware of and approves, without exception or reservation, all the Terms of Use set out below.

Article 1 - Definitions

Pursuant to the terms herein, each of the expressions mentioned below takes on the following meaning:

1 / The "Provider" refers to the company CO7COM, designer, administrator and publisher of the Website dedicated to business gifting and luxury incentive.

2 / The "User" refers to either or both the Exhibiting User and the Client User browsing the Website.

3 / "Exhibiting User" refers to the professional, the natural or legal person, public or private, manufacturer, supplier and / or exclusive distributor of Products related to business gifting and luxury incentive, having the capacity to contract and acting for purposes relating to its commercial, manufacturing, craft, liberal or agricultural business, including it acting in the name of and on behalf of another trader.

4 / The "Customer User" refers to the professional, natural or legal person, public or private, wishing to acquire a Product of an Exhibitor User promoted on the Website, having the capacity to contract and acting for purposes relating to its commercial, manufacturing, craft, liberal or agricultural business, including it acting in the name of and on behalf of another trader.

5/ The "Website" refers to the infrastructure created and administered by the Service Provider, accessible at www.luxurycorporategifting.com, www.luxurycorporategifting.co.uk, and according to the computer formats usable on the Internet, and including different types of data, including texts, sounds, still or moving images, videos, databases, intended to be viewed by Internet users in the context of free or paying access.

6/ The "Online Stand" designates, within the Website, the online space specific to the Exhibiting User, dedicated to the promotion and / or sale of its Products.

7/ "Products" refers to all Products that the Exhibiting User promotes online.

9/ The Internet refers to world-wide server networks, connected via communication networks, and interacting using the Internet Protocol Suite TCP/IP.

Article 2 - Declarations and obligations of the User

The User declares to be a natural or legal person, public or private, acting for purposes falling within the scope of his commercial, manufacturing, craft, liberal or agricultural business, and also declares to have the legal capacity to give his consent these Terms of Use. having the capacity to contract and acting for purposes relating to its commercial, manufacturing, craft, liberal or agricultural business, including it acting in the name of and on behalf of another trader.

The User acknowledges that the Website requires an Internet connection to function as a whole. As such, the User declares that he is familiar with the Internet, its characteristics and its limits and recognises in particular:

• that data transmissions on the Internet only benefit from a relative technical reliability, these circulating on heterogeneous networks with various technical characteristics and capacities that are sometimes saturated at certain times of the day;

• Users of the Website may be located anywhere in the world, and therefore the content of the Website be reproduced, represented or, more generally, broadcast without any geographical limitation;that the data circulating on the Internet are not protected against possible diversions and that thus the communication of passwords, confidential codes and more generally, of all sensitive information is carried out by the User at his risks and perils.Furthermore, the User agrees not to use the Website in a manner not provided for in these Terms of Use. As such, the User agrees in particular not to use the Website to provide comments such as:

• pornographic and pedopornographic messages;

• racist, xenophobic, revisionist messages, apologizing for a war crime, discriminating or inciting hatred against a person, a group of people because of their origin, their gender, ethnicity, belief or lifestyle;

• abusive, violent, threatening messages that are offensive or offensive to human dignity;

• defamatory messages; messages infringing copyright and more generally intellectual property rights;

• messages that infringe on the right to image and respect for privacy;

• in general, messages contrary to the current laws and regulations in France;

• Unsolicited advertisements, whether commercial or not.

The User agrees not to use flaws, computer bugs or any other form of error to obtain benefits in the use of the Website. Similarly, the User agrees to immediately notify the Provider when finding a flaw or error on the Website.

The User agrees not to use the Website in a way that may render it inaccessible, damage it or prevent it from functioning.

Article 3 - User Account

Access to certain services, such as Requests for Quotations require the registration of the User on the Website.

When registering, the User must provide several pieces of information, including a valid email address and a password.

The password is personal and confidential. Each User is fully responsible for the use and preservation of his password. Each User agrees to make every effort to keep his password secret and not to disclose it to anyone. In order to maintain the confidentiality of the password, the User is invited to disconnect from the Website at the end of each login session.

Any loss or unintentional disclosure of material that may allow a third party to know the password of a User, shall immediately be notified in writing to the Provider, so that the Provider can change the identifiers and passwords.

If the User forgets the password, he must indicate it via the "Forgot your password? » button. He will then receive a password reset email to the email address he indicated when registering.

The Service Provider cannot be held responsible for any damages related to the loss or the disclosure of the password of a User.

Article 4 - Intervention of the Provider - Simple mediation online

Via the Website, the Service Provider provides each Exhibiting User with an online booth, from which the latter can directly promote his products.

In addition, the Service Provider also offers each Customer User of the Website full access to the entire Website and, as such, he may view all the Products offered by the Exhibitor Users.

Consequently, the Service Provider is an online platform operator offering in a professional capacity, in a paid way, a communication service to the public based on connecting the Exhibitor User with the Customer User, for the sale of a Product.

Thus, the intervention of the Service Provider, through the website, comes down to a simple online mediation service, under which the Exhibiting Users and the Customers Users are free to engage with each other.

Article 5 - Linking and communication between the Exhibitor User and the Client User

5-1 Use of Online Stands by Exhibitor Users

At the end of a contract previously concluded with the Service Provider, the Exhibiting User has access to an online booth where he can manage the content in order to promote his Products.

If considered appropriate, the Service Provider may nevertheless make changes within the Online Stand of the Exhibitor User without liability being incurred.

The Service Provider reserves the right to refuse to grant an Online Stand to any Exhibitor User if he considers that the Products to be promoted do not meet the objective or morality of the Website.

5-2 Client Users Browsing the Online Stands

Customer Users are free to browse the Website, as well as the online stands administered by the Exhibiting Users. As such, they can view all the Products offered by the Exhibiting Users.

When a Customer User is interested in a Product promoted on an Online Stand, he/she can chronologically:

• First, put the Product into his/her "Basket" in the first place;

• Second, send the request for quotation.

As soon as possible hereafter, the Customer's request for quotation is passed on by email by the Service Provider to the Exhibiting User, who then has access to all the Customer User's details to eventually close the sale.

5-3 Contractual relationship between the Exhibitor User and the Client User

At no time does the Service Provider intervene in the possible contractual relationship between the Exhibitor User and the Client User, its service being limited and stopping at the point of contact between the Users. As such, the Service Provider is remunerated directly by the Exhibitor User and is not the recipient of the Customer User's payments.

As a simple intermediary, the Service Provider cannot be considered as other than a third party to the contract possibly formed between the Exhibitor User and the Customer User. As such, he cannot be held liable for any dispute relating to this possible contractual relationship.

Thus, only the Exhibitor User is responsible in his possible contractual relationship with the Client User, and may, as such, be liable in the event of a complaint from the Client User, particularly with regard to orders, quality, prices, delivery times and inventory management of the Products.

The Exhibitor expressly warrants the Service Provider against any recourse of any nature whatsoever from any Customer or third party, and against any action or claim that may be brought against the Service Provider under:

- Products promoted on the Website, the Exhibitor’s Stand, Virtual Stand and/or Insert,

- the use by the Exhibitor of the Website, its Stand, its Virtual Stand and/or its Insert,

- inaccurate information provided by the Exhibitor.

Article 6 - License for Access and Use of the Website

The Service Provider grants Users a limited license to access and use the Website, for exclusively private and personal use, non-collective and non-exclusive. Under no circumstances may Users download or modify all or part of the Website without the prior written authorization of the Provider.

This license does not allow Users to make any commercial use of the Website and / or all or part of its content.

In case of violation by the User of any of the provisions of these Terms and Conditions, the Service Provider reserves the right to suspend temporarily or permanently, without any prior warning and in its sole discretion, access to the account of the User concerned, without compensation. As such, any new application for registration by the User may be blocked.

These sanctions may be applied without prejudice to any criminal or civil proceedings that may be brought against the User by the public authorities, third parties or the Service Provider.

Article 7 - Liability

7-1 Liability of the User

The User is solely responsible for the accuracy, sincerity and veracity of the information he provides to the Provider. The Service Provider cannot be held responsible for an error in entering this information.

The User is responsible for the payment of any fees or expenses related to the use of the Website, including the fees charged by the service provider for the use of the network and the sharing of data. When using the Website, the User is solely responsible for the use he makes of the Website and the content it communicates. In this capacity, he is notably responsible for:

  • content produced by him, and in particular respect for the good morals of the said content;
  • its compliance with laws and regulations, particularly with regard to the protection of minors, to repressing the apology for crimes against humanity, to incitement to racial hatred and violence, as well as attacks on human dignity and respect for the human person and;
  • respect for the rights of third parties, particularly in the field of intellectual property.

The User warrants the Provider against any action that a third party may bring against him based on these Terms of Use for the use of the Website by the User. As such, the User will be responsible for any damages and penalties the Provider may have been condemned to paying by a final court.

7-2 Responsibility of the service provider

The User agrees that the Service Provider is subject to an obligation of means in the performance of his service,

in particular to ensure the availability of the Website and / or Stands online.

The Service Provider cannot guarantee uninterrupted service. Given the technical risks related to the decentralised operation of the Internet network, the Service Provider does not provide any guarantee of continuity of service or absence of errors of the Website and / or the Online Booth. As such, the Hosting may be suspended or limited for reasons such as maintenance, repair, adding a new feature or a new service to the Website, or reasons beyond the control of the Provider. Under no circumstances can the User incur the liability of the Service Provider because of interruptions of services provided.

The Service Provider reserves the right to suspend access to the Website and / or the Online Stand in whole or in part without notice in particular to carry out any correction, update or maintenance. The Service Provider can in no way be held responsible for any loss and / or loss that may result to the User

The Provider is not responsible for any malfunction of the Website beyond its control and if that malfunction prevents Users from accessing the Website and / or Online Stands.

The Service Provider will not be liable for any damages suffered or occasioned when using the Website whether they are material or immaterial damages, consecutive or not consecutive. As such, it is the User's responsibility to take all appropriate measures to protect his own data and software from possible computer viruses.

The Provider is responsible for the content solely produced by him and integrated into the Website and its features. The civil liability of the Service Provider may be incurred by him or his employees only in the case of acts performed by him or by them in the context of the performance of his services and only when a causal link is established between the alleged damage and a gross negligence of the Service Provider.

In addition, the Service Provider cannot be held liable for damages of any kind, whether tangible or intangible, direct or indirect that may result from misuse of the Site at the sole initiative of the User or a person who has stolen the identity of a User.

Article 8 - Intellectual property

All intellectual property rights and other rights related to the Website, including copyrights, trademarks, designs, database rights, and any other intellectual property rights or other, are and remain the exclusive property of the Provider and, for licensed technologies, their authors and / or owners.

In accordance with and within the limits of article L.342-1 of the Intellectual Property Code, the Service Provider prohibits the extraction or reuse of all or part of the content of its Website.

The User acknowledges the existence of these rights of ownership and intellectual property, and will not take any action aimed at undermining, limiting or restricting in any way the property or the rights of the Service Provider with respect to the Website.

Nevertheless, under the exception of private copying, it is possible for the User to keep a copy of the pages of the Internet site strictly for personal purposes, for non-commercial purposes, and provided that it does not make any changes and respect all the notices of ownership and copyright appearing on the page.

If the User wishes to use the information in another context, and / or to disseminate data, information and / or contents of the Website, he must first make a written request to the address of the Provider's registered office.

The User agrees not to use the Website for commercial purposes, not to rent, lend, sell, publish, sublicense, distribute, assign or otherwise transfer all or part of the Website to any third party without the express written consent of the Provider who may condition it to a financial counterparty.

The use of the Website does not in any way concede the intellectual property rights of the Website and other rights related to the Website, whatever they may be, except for the rights of use expressly granted herein.

Nothing in these Terms and Conditions shall be construed as conferring any rights of any kind on the Use other than those granted to it under these Terms of Use. The Service Provider reserves all rights that have not been expressly granted.

Anyone wishing to create a link that directs to the Website, using a hypertext link online, must request permission in writing and prior to doing so, to the Provider. Otherwise, the link must be removed upon request of the Provider, without prejudice to the rights of the Provider to obtain compensation for any damage caused by the creation of this link.

Any other, total or partial, reproduction or representation, which does not respect the conditions stated above, would be constitutive of counterfeit, liable to engage the civil and criminal liability of its author.

Article 9 - Collection and exploitation of the User’s personal data

The Service Provider undertakes to respect the privacy of the User, as well as the security and confidentiality of the data and information communicated to him by the User.

The User expressly recognizes that any personal data collected by the Provider is the subject of an automated processing declared with the CNIL (receipt n ° 1733899v0).

9-1 Transfer of data (excluding e-mail) to other Users

In view of the Service Provider's mission to put the Users in contact with one another, the personal data of the individual Customer Users may be communicated to the other Users, and in particular to the Exhibitor Users upon confirmation of a request for quotation and / or order.

In addition, some the Users personal data may also be communicated to other Users for purposes of prospecting, unless the User concerned expressly opposes:

However, if you do not want your data to be used by other Users for prospecting purposes, please check the box opposite.

As a general rule, the Service Provider undertakes not to transmit and / or disclose the Users’ personal data to third parties, other than its partners. Nevertheless, the Service Provider may be required to disclose such personal data in very particular circumstances, such as :

• by law, in the context of legal proceedings, litigation and / or a request from the public authorities;

• if the disclosure is necessary for national security, law enforcement or other public purpose purposes;

• if such disclosure is reasonably necessary to enforce compliance with applicable laws and regulations or to protect our business or customers;

• In case of company restructuring or transfer.

9-2 Use of cookies

When using the Website, certain personal data of the User natural person are collected automatically via the use of so-called strictly necessary tracers. The Service Provider does however draw the attention of the User natural person to the possibility of deleting the tracers in the process of being saved, or those already saved, at any time, by setting the privacy protection options of his Internet browser, in accordance with to the indications available on the site: http://www.cnil.fr.

All information collected indirectly will be used only to track the volume, type and configuration of traffic using the Website, to develop the design and layout and for other administrative and planning purposes, and more generally to improve the service offered by the Provider

9-3 Newsletter and information

At any time, the User may refuse to receive information and commercial proposals transmitted by the Provider and / or its business partners by clicking on the link at the bottom of the newsletter and / or the commercial proposal, or by making a request by e-mail or post.

Article 10 - Rights of Users - natural persons - in the collection and use of their personal data

In application of the current regulatory and legal provisions, the User natural person has a right of access, a right of rectification and a right to the erasure of his/her personal data, as well as a right to the limitation of processing. To exercise all these rights, the User natural person must make a request to the Provider, either by postal mail, or by email or by phone to the addresses and numbers indicated in the legal notice of the Website.

In the event of requests from a User who is manifestly unfounded or excessive, in particular because of their repetitive nature, the Service Provider reserves the right, in accordance with article 12, paragraph 5, of Regulation 2016/676 of the European Parliament and the Council of April 27, 2016:

Either to require the payment of reasonable charges which take into account the administrative costs incurred in providing the information, communicating or taking the requested measures;

Either refuse to respond to these requests.

In case of reasonable doubt about the identity of the User natural person, the Service Provider also reserves the right, in accordance with Article 12, paragraph 6, Regulation 2016/676 of the European Parliament and the Council of 27 April 2016, to ask for any additional information needed.

Nevertheless, if the User physical person considers that the processing of his personal data constitutes a violation of the current regulations and laws, the Service Provider draws his attention to the fact that he also has the right to lodge a complaint with the National Commission of Computing and Freedoms.

In accordance with Article 15 of Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016, the User natural person has the right to access all of his personal data subject to processing, and ask the Provider for the following information:

• The purpose of the processing;

• categories of personal data collected;

• The categories of recipients to whom the personal data are communicated;

• The criteria used to determine the retention period of personal data;

• The source of the collection;

• Copy of the personal data being processed (payment of reasonable fees based on administrative costs may be charged for any request of additional copies).

In accordance with Article 16 of Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016, the User natural person has the right to ask the Service Provider for the rectification of his personal data in case of inaccuracy. In such a case, the Service Provider undertakes to proceed as soon as possible with this modification.

In accordance with Article 17 of Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016, the User natural person has the right to ask the Service Provider to erase his/her personal data. In such a case, the Service Provider undertakes to proceed, as soon as possible, to this deletion, provided that:

• The keeping of the personal data is no longer necessary for the purposes for which they were collected or processed;

• The User natural person expressly withdraws the consent granted;

• The User natural person expressly objects to the processing of his/her data.

In accordance with Article 18 of Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016, the User natural person has the right to ask the Service Provider for the limitation of the processing of his personal data, provided that:

• The Service Provider did not respond in a timely manner to a prior request for rectification;

• The Provider no longer needs to process the data.

In accordance with Article 20 of Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016, the User natural person has the right to ask the Service Provider to send his personal data in a structured, commonly used and readable computer format.

In accordance with Article 21 of Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016, the User physical person has the right to object at any time, to the processing of his personal data for purposes of prospecting and / or for statistical purposes.

Article 11 – Force Majeure

Neither Party shall be held responsible towards the other for any non-fulfilment or delay in the performance of its obligations under the Order which would be due to the occurrence of a case of force majeure normally recognised by case law and the French courts.

Article 12 – Changes

The Service Provider may modify these Terms of Use at any time, in particular to comply with a legal provision. The User will be informed of the changes made according to the terms and conditions below.

The new version of the Terms of Use will be available on the Website in the relevant section. The User must accept the Terms of Use when he first connects after the change has been made.

Article 13 – Full Terms and Conditions

In the event that one of the clauses of these Terms of Use would be declared illegal or unenforceable, and / or void by a change in legislation, or by a final court decision, the nullity or unenforceability would be strictly limited to the said clause, and in no way affect the validity of the other stipulations.

Article 14 – No Waiver

The non-application by the Service Provider of any of the stipulations of these General Conditions does not imply a waiver on his part to avail himself of them at any time and does not affect the validity of all or part of these Terms of Use.

Article 15 – Governing Law

These Terms of Use, and more generally all contractual relationships that may arise, are subject to French law, regardless of the place of services.

Article 16 – Relevant Juridictions

In the event that a dispute arises between the Provider and the User, the Parties undertake to seek an amicable solution that would take into account the interests of each one of them before taking any legal action.

Failing to agree on an amicable solution, any action must be brought before the Courts of the jurisdiction of the Court of Appeal of Bordeaux, which will have exclusive jurisdiction, whatever the place of supply and this notwithstanding any clause to the contrary.