The purpose of these General Terms and Conditions of Use (referred to below as “GTCU”) is to define the terms and conditions of use for the services on the www.babycoolparis.com website (referred to below as the “Website”).
Website editor: BABYCOOL PARIS, a Liability Limited Company with corporate capital of 50,000 euros.
Head office address: 23 rue du Départ – 75014 Paris SIREN: 797 977 378 Tel: +331 69 06 18 43 Email address: firstname.lastname@example.org
Publishing Manager: Jorys Charbonnel.
Website Host: Mediactive Groupe 3, 4 & 10 cité Paradis 75010 Paris.
1. Definitions and introduction
• Dialogue Spaces: various interactive free Services accessed via the Website;
• Website: the website accessible on: www.babycoolparis.com, published by BABYCOOL PARIS;
• Event: any event organized by BABYCOOL PARIS in the context of the Website and, in particular, the Babycool Paris trade fair
• Services: all the products and services (free or paid) proposed on the Website by BABYCOOL PARIS and/or exhibitors and partners;
• User: any person who connects to the Website.
Users declare that they were made aware of the GTCU when they subscribed to one or more Services proposed by BABYCOOL PARIS on the Website and accepted them unconditionally. Use of any of the Services proposed by BABYCOOL PARIS by any User entails strict compliance with the GTCU. The GTCU apply in conjunction with the special terms mentioned on the registration form for any of the Events concerned. BABYCOOL PARIS reserve the right to modify these GTCU at any time, particularly in order to comply with changes in legislation, giving notice of any modifications by simple publication on the Website. The new GTCU are then applicable one hour after their publication on line. It is, consequently, advisable, to check the latest version of the GTCU regularly. Any conditions set by a User that are divergent from or contrary to any of the provisions in the GTCU, particularly those specified on order forms and/or in general procurement terms and conditions, will be unenforceable on BABYCOOL PARIS without prior, express acceptance in writing.
The Website and Services are accessible and available to both professional and non-professional Users.
2. Access to Services and use of the Website
2.1 Website access
The Website is accessible to any person connecting to the following address: www.babycoolparis.com. Use of the Website provides access to a range of Services for registering and participating in Events, using the procedures specified in the GTCU.
2.2 Access to Services
Users wishing to access Services on the Website are required to set up an account, using the registration form available on the Website. It is, however, specified that setting up an account and, consequently, prior identification, is not required to request information on the Website.
The following information must be entered on the Website registration form: Title, First name, Last name, Email, Organisation, Postal address, Profile. When a User submits the registration form, they receive a confirmation email at the email address indicated to confirm their registration.
Secure User identification is via their email address and a personal, secret password. Participants agree not to communicate, disclose, or transfer their passwords to any other person. Users are solely responsible for keeping their identifiers confidential. No subscription is charged for setting up an account and accessing it using an identifier and password. Users must inform BABYCOOL PARIS as soon as possible of any unauthorised use of their email address or password and any events impacting personal or data security.
The User’s email address entered on the account registration form must be contactable at all times. BABYCOOL PARIS will not respond to Users’ email requests if they are not sent from the email address registered in their account details.
2.3 Conditions for using the Site
The Services are accessible to all users, subject to:
– Being legally entitled to contract for Services proposed on the Website;
– Refraining from using this Website and/or its Services for any illegal or unauthorised activities;
– Refraining from modifying, adapting, or hacking this Website;
– Refraining from accessing all or part of the Website using an automated system, without obtaining an authorisation in advance (including scripts or crawlers) or by any means other than the interface proposed on our Website.
2.4 Availability levels
The website is accessible 24/7, except in cases of force majeure or the occurrence of an event beyond the control of BABYCOOL PARIS, and subject to breakdowns and maintenance interventions necessary for the efficient operation of the Website, particularly technical or IT difficulties.
BABYCOOL PARIS may interrupt access to their Website, for maintenance reasons, without informing Users beforehand. Users are aware of the limitations inherent to the Internet, particularly its technical performance and response times for consulting, searching, or transferring data. Consequently, BABYCOOL PARIS are not liable in case of slow response, interruption of Website access, or any direct or indirect damage, attributable to network
malfunctions or interruptions, or due to Internet data transmission errors, hacking, or intrusions by third parties affecting these data.
2.5 Registration for Events
Registration for Events at the Babycool Paris trade fair is free of charge. BABYCOOL PARIS reserve the right to:
– refuse any registration on legitimate, non-discriminatory grounds;
– exclude any users whose behaviour disrupts the normal progress of the Events or infringes the GTCU at any time and without compensation.
BABYCOOL PARIS reserve the right to suspend or terminate a User’s account in case of any infringement of the GTCU or the special terms and conditions of the event, if applicable, by the User, particularly if the latter supplied false, inaccurate, outdated, or incomplete information, following a final notice sent by registered letter with acknowledgement of receipt that has had no effect after 3 calendar days, without prejudice to BABYCOOL PARIS’ right to take legal action to demand payment of damages to cover the full amount of their prejudice.
Deleting the account does not exclude the possibility of retaining the data. BABYCOOL PARIS cannot be held liable for any prejudice suffered by Users due to the termination of their account.
4.1 Liability of BABYCOOL PARIS
BABYCOOL PARIS, subject to an obligation of means, agree to implement all the resources necessary to ensure the continuity of the Services proposed to Users. It is agreed that BABYCOOL PARIS reserve the right to modify, postpone, or cancel the event. BABYCOOL PARIS are not liable in case of errors, inaccuracies, or omissions in the information published on the Website.
No advice or information obtained by Website Users create any guaranties not expressly specified in these GTCU.
The website contains hypertext links whereby a mouse click takes the user from a page on the Website to a page on another website and BABYCOOL PARIS has no control over these websites, so they accept no liability for their content if these third-party websites do not comply with the current or future legal and regulatory provisions. Insertion of these links does not mean that BABYCOOL PARIS approves the content of these websites. Furthermore, BABYCOOL PARIS shall not be held liable for non-compliance with response times announced by exhibitors or partners in the context of a request for service on the Website or the absence of any response, particularly concerning registrations to receive newsletters offered by partners or appointments.
4.2 User Liability
Users remain solely liable for any content and opinions posted on Dialogue Spaces on the Website. Users are informed that Dialogue Spaces on the Website are public and that contributions received or sent via Dialogue Spaces may be read by all the other Users.
Users guarantee BABYCOOL PARIS against all third-party claims and remedies resulting from the reproduction and publication of User contributions on the Website. Users are solely liable for their connections to the Website. All Users are responsible for taking all appropriate precautions to protect their personal data and software from contamination by any viruses that may circulate via the Website.
Users are solely liable for using content on websites with hyperlinks on the Website.
5. Intellectual property
5.1 Intellectual property of BABYCOOL PARIS
All elements on the Website, particularly, but not exclusively, texts, photographs, illustrations, videos, software and programs, sound, music, layouts, graphic charters, logos, and any other information or media presented are and remain the exclusive intellectual property of BABYCOOL PARIS.
No Users or other persons are authorised to reproduce, operate, repost, or use all or part of any elements from the Website for any reason whatsoever.
Full or partial retrieval of the databases on the Website is prohibited.
The BABYCOOL PARIS brands and those of their partners and exhibitors, as well as the logos displayed on the Website are registered brands, whether or not they are semi-figurative, and logos protected by copyright. Any total or partial reproduction or imitation of these brands or logos without the express authorisation of BABYCOOL PARIS, is prohibited, in accordance with articles L335-3 and following of the Intellectual Property Code and articles L713-2 and L713-3 of the Intellectual Property Code.
BABYCOOL PARIS is the producer of the database built in the context of operating the Website, according to article L.341-1 of the Intellectual Property Code.
Any extraction or unauthorised use of the contents of the database is likely to involve the civil or criminal liability of the person responsible.
Users expressly authorise BABYCOOL PARIS to reproduce, publish, and circulate, under their own pseudonym, all or part of any contributions published on the Dialogue Spaces, on all media, known or as-yet unknown, and for any purpose whatsoever, throughout the period of legal protection of the intellectual property rights, as defined by the Intellectual Property Code, as well as by international conventions, including any possible prorogations or extensions of this period. The anonymised content of User contributions may be communicated, under exceptional circumstances, to a research organization or university, for research purposes.
Users certify that they hold all the rights necessary to authorise the reproduction, publication, and circulation by BABYCOOL PARIS of their contributions on all media, known or as-yet unknown. Under this heading, Users guarantee BABYCOOL PARIS against any third-party claims or remedies triggered by the reproduction, publication, or circulation of their contributions.
5.2 Right of personal portrayal while participating in an Event
In the context of the conditions, as specified in the practical details on the Website applicable to each Event, Users authorise the use, reproduction, modification, and posting on all media, known or as-yet unknown, of any image and sound recordings of themselves made during the event, by video and/or audio recording, and/or photography, by BABYCOOL PARIS or their partners, particularly on their social networks or Websites, as described in
article L.233-3 of the Commercial code, throughout the period of use of these video and/or audio recordings, and/or photographs, free of charge and without valuable consideration of any type whatsoever.
6. Personal data protection
6.1 Collecting personal data
In order to provide the Services offered on the Website (Trade fair registration, organizing your visit to the trade fair, statistical analysis of traffic, etc.), BABYCOOL PARIS collect personal data from Users who sign up for these Services, particularly via the setting up of their User account. The legal basis for processing personal data is, therefore, User consent. User contact details are collected by BABYCOOL PARIS for the purpose of sending documents related to the performance of the Services subscribed by Users, as well as for sales information and/or prospecting purposes, in compliance with current legislation. Contact details may be transferred to BABYCOOL PARIS partner companies, for sales prospecting and promotional purposes, subject to obtaining User consent in advance, in compliance with law n°78-17 of 6 January 1978, modified by law n°2004-801 of 6 August 2004, as well as any additional or substitute legislation or regulations, particularly EU Regulation 2016-679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
No data registered on the Website by Users will be used by BABYCOOL PARIS for other purposes than those expressly authorised by Users.
Consequently, with the exception of the pseudonym displayed when Users contribute on a Dialogue Space, personal data communicated by Users during use of the Website and registration for Services are only accessible to BABYCOOL PARIS and can only be transmitted in response to a demand from the legal or administrative authorities. These data will be stored for a period of three (3) years after they have been collected, in application of the recommendations of the Commission Nationale de l’Informatique et des libertés (CNIL- French Data Protection Authority) on data collected for prospecting purposes.
In accordance with current national and European regulations, Users have the right to access, modify, correct, and delete any information concerning them as well as the right to withdraw their consent at any time and lodge a complaint with the CNIL (French Data Protection Authority). To exercise these rights, Users shall send an email to the following address: email@example.com. For any information concerning the use of their personal data, Users may contact the BABYCOOL PARIS Data Protection Officer, Charly Chassagne: firstname.lastname@example.org
As soon as they arrive on the Website, Users are also informed that cookies are likely to be stored on their browsers to produce traffic statistics and propose services or offers adapted to their centres of interest. Users accept these cookies by continuing to browse the Website. It is, however, possible to refuse these cookies by clicking on “Find out more/ parameters” and modifying the browser parameters. Users may check the Website Cookie Charter for more information on cookies.
7. Applicable law and jurisdiction
These GTCU are subject to French law in all respects. The Parties agree to make every effort to come to an amicable settlement to any dispute that may arise out of the interpretation, performance, and/or cessation of these GTCU. If an agreement cannot be reached within one (1) month, the aforementioned dispute will be subject to the exclusive jurisdiction of the French courts, even in case of incidental or warranty claims or multiple defendants. All disputes likely to result from the interpretation or performance of this contract GTCU will be subject to the jurisdiction of the Paris Court of Appeals.