PREAMBLE 

 

COMEXPOSIUM, a simplified joint stock company with a capital of €60,000.000, registered in the Nanterre Trade and Companies Register under number 316 780 519, having its registered office at 70 avenue du Général de Gaulle 92058 Paris la Défense, in the person of its CEO domiciled in this capacity at the said office (hereinafter the "OPERATOR"), publishes and makes available the Internet platform accessible at the address www.cxmp.com, via the "EVENTS" tab (hereinafter the "EVENT PLATFORM").

The OPERATOR allows, via the EVENT PLATFORM, the exhibitors registered at physical exhibitions organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group (hereinafter the "EXHIBITORS") to promote the products they offer at the said exhibitions. The OPERATOR also publishes and provides the platform offering an online BtoB intermediation service whose purpose is to electronically bring together Professional Sellers (hereinafter the "SELLERS") and Professional Buyers (hereinafter the "BUYERS") in order to enable the latter to acquire products offered for sale on the platform (hereinafter the “E-SHOP PLATFORM).. 

Via the EVENT PLATFORM, the BUYERS  and PROVESSIONAL VISITORS of the E-SHOP PLATFORM already the holders of an entry credential to one of the physical exhibitions organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group may be electronically put in contact with the EXHIBITORS to arrange appointments at the said exhibitions.  

It is recalled that the OPERATOR has a pure intermediation role, and that it has no active role in the exchanges that may occur between the users of the EVENT PLATFORM.

The purpose of these General Terms and Conditions of Use  (hereinafter the " T&CUS") is to govern the conditions of access to and use of the EVENT PLATFORM by EXHIBITORS, BUYERS AND PROFESSIONAL VISITORS;

Their purpose is also to govern the means by which the SERVICES are provided by the OPERATOR to the EXHIBITORS, as well as the respective rights and obligations of the PARTIES arising from the use of the SERVICES and features of this PLATFORM according to their category.  

These General Terms and Conditions of Use and Service (T&CUS), which can be accessed at any time on the website www.cxmp.com, apply, without restriction or reservation, to the use of the technological tools and services made available to EXHIBITORS, BUYERS or PROFESSIONAL VISITORS by the OPERATOR. 

For EXHIBITORS, these General Terms and Conditions apply, in their use aspect, as soon as their account is activated on the www.cxmp.com website by the OPERATOR (article 4.2.2 hereof) and, in their service aspect, as soon as the EXHIBITOR’S registration is validated by the OPERATOR (article 4.2.3 hereof). 

For BUYERS and PROFESSIONAL VISITORS holding an entry credential to the next edition of one of the physical exhibitions organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group, these Terms and Conditions shall apply as soon as they request registration for the event via the page dedicated to it on the EVENT PLATFORM and for which they wish to contact the EXHIBITORS. 

These T&CUS may be subject to subsequent modifications. However, the user of the EVENT PLATFORM shall be notified of any such changes at least fifteen (15) days before they come into force. During this period, the user of the EVENT PLATFORM may object to their enforceability by written declaration. After this period, the changes will be enforceable against the user of the EVENT PLATFORM.

They shall prevail in all their provisions over any other version or any other document, in particular over the general or specific terms and conditions of sale that that the EXHIBITOR, BUYER or PROFESSIONAL VISITOR may issue in the context of their relationship with the OPERATOR.

It is specified that on the E-SHOP PLATFORM, the EXHIBITOR, BUYER and PROFESSIONAL VISITOR are subject to specific General Conditions of Use and Service also available at any time on the website www.cxmp.com, which EXHIBITORS are invited to consult.

EXHIBITORS, BUYERS and PROFESSIONAL VISITORS undertake to read these T&CUS carefully and acknowledge that the current content of these T&CUS does not create any significant imbalance between the PARTIES. 

They are duly accepted by the EXHIBITOR, BUYER and PROFESSIONAL VISITOR upon their request to create their account or their registration for an EVENT.

The terms used below have the following meanings in this CONTRACT: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The EVENT PLATFORM can be accessed on www.cxmp.com.

By registering, the EXHIBITOR, BUYER and PROFESSIONAL VISITOR is understood to accept, without restriction or reservation, these T&CUS, the policy on the use and processing of personal data, which form an indivisible contract package which the EXHIBITOR, BUYER and PROFESSIONAL VISITOR acknowledge they have read. 

Registration on the EVENT PLATFORM is free of charge, with the exception of charges invoiced by the provider.

4.1.  REGISTRATION BY THE EXHIBITOR ON THE EVENT PLATFORM

Any user who wishes to present PRODUCTS on the EVENT PLATFORM must make an application, which requires that they have an account allowing access to the EVENT PLATFORM via the website www.cxmp.com.Information for account creation. 

To create an account, the user must be a PROFESSIONAL in one of the sectors of activity proposed on the cxmp website, namely food, fashion, lingerie, optics, sport or lifestyle. 

This creation also requires them to disclose personal information such as their last name, first name, e-mail address, or information relating to the company, such as the name of the company, their sector of activity ("sector"), the country, or the intra-community VAT number.

The creation of the account requires the entry of an email address and the creation of a password. These IDENTIFIERS will be necessary for each connection. 

The account is valid for an indefinite period.

Information for access to EVENTS services

The user must, on the day of their application, be a PROFESSIONAL registered as an exhibitor at the next edition of one of the physical exhibitions organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM group and express their wish to present their PRODUCTS for the EVENT concerned on the dedicated page of the EVENT PLATFORM by selecting the "free-catalogue" option. 

The EXHIBITOR may submit an application, after having been invited to do so by the OPERATOR or one of the entities of the COMEXPOSIUM group in the case of a first application and/or from their BACK OFFICE, via the "Events" tab for all subsequent applications for the event concerned. 

The EXHIBITOR must accept these T&CUS as well as the policy on the use and processing of personal data which they can freely access via the WEBSITE www.cxmp.com and which they acknowledge they have read.

People under 18 are not permitted to register on the EVENT PLATFORM.

By creating their account and by applying to register, the EXHIBITOR solemnly declares that they:

• have the capacity and authority to enter into commitments (aged 18+, not disqualified from their profession, no insolvency proceedings ongoing, etc.); 
• are a PROFESSIONAL in one of the following sectors of activity: food, fashion, lingerie, optics, sport or lifestyle;
• are an exhibitor at a physical exhibition organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM group on the date of their application;
• have submitted information on them that is up-to-date, accurate, sincere, and non-misleading, free of fraud or impersonation; 
• have read and accepted without reservation the present T&CUS and the policy on the use and processing of personal data.
• comply with the regulations in force relating to the exercise of their activity, in particular as regards accounting, social and tax obligations, protection of personal data, the fight against corruption and concealed employment; 
• comply with the regulations in force relating to the PRODUCTS posted online, and hold of all the rights pertaining to them and that there is no procedure currently in progress relating to the ownership of the latter.

The OPERATOR has only an intermediation role. It has no active role and does not verify the PRODUCTS, their compliance with the regulations in force, or the rights of EXHIBITORS to the PRODUCTS posted online. 

The OPERATOR nevertheless reserves the right to remove any CONTENT or to suspend access to the EVENT PLATFORM by any EXHIBITOR particularly in the cases referred to in Article 6.3.2. of these terms and conditions, which may lead to the termination of the CONTRACT 

The registration application generates an e-mail acknowledging receipt of the EXHIBITOR’s application, sent to the given e-mail address, and which is processed within 72 hours. 

A registration application does not automatically guarantee access to the SERVICES of the EVENT PLATFORM.

4.1.2       VALIDATION OF THE REGISTRATION

4.1.2.2 Examination of the application for registration by the OPERATOR 

The registration application is examined by the OPERATOR, which reserves the right to assess and verify or have verified, at their sole discretion and without this list being exhaustive or constituting any obligation for them, in particular:

• the status as a professional in one of the following sectors of activity: food, fashion, lingerie, optics, sport or lifestyle;
• the quality as an exhibitor at a physical exhibition organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM group on the date of their application
• the compatibility of their activity with the nature of the SERVICES offered by the EVENT PLATFORM; 
• the suitability of their offering with the positioning of the EVENT PLATFORM;
• a CATALOGUE of PRODUCTS with a minimum of twenty (20) articles;
• the neutrality of the message they may deliver on the WEBSITE and/or the EVENT PLATFORM.

Any application from the EXHIBITOR who is still in debt to the OPERATOR or a company of the COMEXPOSIUM Group and/or in dispute with the OPERATOR or a company of the COMEXPOSIUM Group will not be considered.  

At the end of the examination process, the EXHIBITOR is informed, by e-mail, either of the rejection of their registration, which does not entitle them to compensation, or of the activation of their account.

4.2.2.2 Activation of the EXHIBITOR’s account on the EVENT PLATFORM AND access to the BACK OFFICE

The activation of the EXHIBITOR’s account by the OPERATOR gives them access to their BACK OFFICE, which allows them to fill in their PROFILE and create their CATALOGUE of PRODUCTS, without these being visible to other users of the WEBSITE and the EVENT PLATFORM.

4.1.2.3 Validation of the registration request: Access to services 

Acceptance of the EXHIBITOR's registration application by the OPERATOR is materialised by the activation of their access to the services. 

The EXHIBITOR will be informed of this by receiving an email.

Their CATALOGUE will then be visible to other users of the WEBSITE and the EVENT PLATFORM, at the latest as soon as the OPERATOR opens the page dedicated to the EVENT concerned. 

Access to the services is for a fixed period. 

4.2 REGISTRATION OF A USER, BUYER or PROFESSIONAL VISITOR FOR THE EVENTS PLATFORM

The following may also access the EVENT PLATFORM, in order to benefit from the networking function and thus enter into contact with exhibitors registered for one of the physical exhibitions organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group/

• a user browsing the cxmp.com WEBSITE
• a BUYER or a PROFESSIONAL VISITOR. 

However, the user accessing the PLATFORM must necessarily, on the day of registration, be able to certify that they:

• are a PROFESSIONAL in one of the sectors of activity food, fashion, lingerie, optics, sport or lifestyle; 
• are the holder of a personal and non-transferable entry credential to the physical exhibition organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM group;
• and have an account, as a BUYER or PROFESSIONAL VISITOR, on the E-SHOP PLATFORM or have an account on the EVENT PLATFORM. 

Users who do not have an account must create one on the WEBSITE www.cxmp.com, via the "BECOME A BUYER" tab.  

Registration is carried out in accordance with the terms and conditions described in article 4 of the General Conditions of Use applicable to BUYERS and PROFESSIONAL VISITORS of the E-SHOP PLATFORM. 

The user of the PLATFORM selects the EVENT on which they wish to participate in the Networking either by clicking on the "Sign up" tab on the page dedicated to this event or from the "Events" tab of their BACK OFFICE. 

They must accept these T&CUS as well as the policy on the use and processing of personal data which they can freely access via the WEBSITE www.cxmp.com and which they acknowledge they have read. 

4.3 ACCOUNT CONFIGURATION PARAMETERS :

The account created by the EXHIBITOR on the EVENT PLATFORM and the account created by the SELLER on the E-SHOP PLATFORM have parameters configured with a "seller technical profile".

The account created by the BUYER or PROFESSIONAL VISITOR on the E-SHOP PLATFORM has parameters configured with a "buyer technical profile".

The same user can create an account with a "seller technical profile" and an account with a "buyer technical profile", one not being exclusive of the other. However, they require different creation conditions and offer different forms of access, features and services.

Access to the EVENT PLATFORM requires the EXHIBITOR, BUYER or PROFESSIONAL VISITOR to sign in to their account by entering their IDENTIFIERS.  

The EXHIBITOR, BUYER and PROFESSIONAL VISITOR undertake to keep their IDENTIFIERS and not to disclose them to anyone else.

The EXHIBITOR, BUYER and PROFESSIONAL VISITOR acknowledge that they are solely responsible for them.

By express agreement between the PARTIES, any activity or transaction carried out by means of the IDENTIFIERS shall be deemed to originate from the EXHIBITOR, BUYER or PROFESSIONAL VISITOR, who shall be solely responsible for it.

In the event of non-compliance with these confidentiality and non-disclosure obligations, the OPERATOR reserves the right to temporarily or permanently interrupt the EXHIBITOR’s, BUYER’s or PROFESSIONAL VISITOR’s access by suspending their account under the conditions of article 9.2.1, it being specified that this suspension may lead to a termination.

In the event of theft, misappropriation or usurpation of their data, the EXHIBITOR, BUYER or PROFESSIONAL VISITOR shall immediately notify the OPERATOR by any means that they choose.

The activation of the EXHIBITOR's account (article 4.1.2.2) may also allow them to access the services of the E-SHOP PLATFORM, subject to compliance with the terms and conditions set out below.

The EXHIBITOR who also wishes to offer their PRODUCTS for sale on the E-SHOP PLATFORM must make a request to the OPERATOR by telephone on +33 9 78 46 45 32 or by e-mail at the following address: [email protected], or from the Subscription page of their BACK OFFICE where they can consult and choose the subscription to which they wish to subscribe.

Their application for access to the services of the E-SHOP PLATFORM is made in accordance with the General Terms and Conditions of Use and Service of the E-SHOP PLATFORM, which they undertake to read carefully before accepting them.

It requires the transmission of additional information and the creation of a Payment Account with the PAYMENT SERVICE PROVIDER under the conditions set out in article 4.2.2 of the conditions referred to in the paragraph above.

The EXHIBITOR is then invited by the OPERATOR to enter their KYC or to view the CONTRACTS from the KYC tab of their Profile.

If the registration to the E-SHOP PLATFORM is validated by the OPERATOR, the EXHIBITOR uses the same IDENTFIERS to access the E-SHOP PLATFORM that they defined when creating their EXHIBITOR account. It does not imply the creation of new IDENTIFIERS.

The use of the E-SHOP PLATFORM is subject to the General Terms and Conditions of Use and Services specific to it.

The OPERATOR undertakes to provide EXHIBITORS, VISITORS and PROFESSIONAL BUYERS with a software architecture that enables them to benefit from the services of the EVENT PLATFORM. 

5.1. SERVICES OFFERED TO EXHIBITORS 

The EXHIBITOR is provided with a software architecture offering them the benefit of

• access to a back office
• a generic computer interface allowing them to integrate their CATALOGUE on the EVENT PAGE - to view the list of BUYERS, PROFESSIONAL VISITORS and EXHIBITORS registered on the page dedicated to the event concerned.

Through their BACK OFFICE, the EXHIBITOR can :

They can also :

• Create and manage their PRODUCT CATALOGUE and the corresponding PRODUCT PAGES;
• Create and manage their schedule to allow BUYERS and PROFESSIONAL VISITORS to access and plan appointments at the EVENT in which they are participating; 
• Respond to contact requests from BUYERS or PROFESSIONAL VISITORS within a limit of X messages/appointment
• Select the EVENT where they wish to present their products 

5.1.2 PRESENTATION OF PRODUCTS

5.1.2.1 Selection of PRODUCTS 

The EVENT PLATFORM is dedicated to the presentation of any type of PRODUCT in connection with the EVENT for which the EXHIBITOR is registered, whose marketing is not prohibited under national law.

The EXHIBITOR is free to select the PRODUCTS they wish to post online, provided that they fall within one of the following sectors: food, fashion, lingerie, optics, sport or lifestyle, and correspond to the sector of the exhibition for which they are registered.

They declare that they hold all the rights and authorisations necessary to market the PRODUCTS. 

The PRODUCTS offered by the EXHIBITOR must comply with the regulations in force. 

The EXHIBITOR undertakes to present only PRODUCTS that comply with quality, hygiene, safety and traceability criteria in the case of fresh PRODUCTS.

5.1.2.1. - Information on PRODUCTS

The EXHIBITOR undertakes to describe the PRODUCTS accurately and factually. The description of the PRODUCT shall include, but not be limited to 

• one or more visuals of the PRODUCT for which they hold all rights and authorisations to use
• its essential characteristics
• a commercial name that matches its description
• the sales price excluding VAT
• the applicable VAT rate
• selling format 
• available stock
• the minimum order (if applicable) 
• all the legal and regulatory details applicable to its sale  

5.1.2.3. - Integration of PRODUCTS 

In order to integrate their PRODUCTS into their online CATALOGUE on the EVENT PAGE, the EXHIBITOR may, from their BACK OFFICE: 

• Manually create the PRODUCT PAGE of each PRODUCT;
• Download a file (csv) to mass import PRODUCTS.

The EXHIBITOR can make several settings in their CATALOGUE (creation of PRODUCT categories, visibility of PRODUCTS, import of external data, etc.).

If the EXHIBITOR is also registered as a SELLER in the E-SHOP PLATFORM, they may post on the EVENT PLATFORM the PRODUCTS of their choice displayed in the E-SHOP PLATFORM by using the “Event” marker visible in their BACK OFFICE.

5.1.2.4. - Sharing the PRODUCT CATALOGUE

The PRODUCT CATALOGUE created by the EXHIBITOR can be integrated into their website and/or shared on their social media accounts.

5.2. FEATURES OFFERED TO BUYERS AND PROFESSIONAL VISITORS

The BUYER and PROFESSIONAL VISITOR is provided with a software architecture allowing them to:

• browse the EVENT PLATFORM, 
• consult the EXHIBITORS’ PROFILES and PRODUCT CATALOGUES
• view the list of EXHIBITORS present on the page of the PLATFORM dedicated to the EVENT, 
• search for specific SELLERS or specific products using the search bar,
• -access a messaging service to get in touch with exhibitors (networking) and/or make appointments at EVENTS for which they have an entry credential. 

Dealing with these contact requests is left to the sole discretion of the EXHIBITOR, who is free to respond or not, without the OPERATOR being held liable in this respect.

The BUYER and the PROFESSIONAL VISITOR can find all of their exchanges with the EXHIBITORS in the "Messages" tab as well as all of the EXHIBITORS contacted in the "Contacts" tab of their BACK OFFICE.

It is expressly agreed between the PARTIES that the OPERATOR is subject to a general obligation of means in the provision of the EVENT PLATFORM.

6.1. SECURITY 

The OPERATOR undertakes to make every effort to:

• Guarantee the physical and logical security of its information systems;
• Enable exchanges to be carried out in a secure environment using a reliable computer protocol; 
• Minimise the risk of a security breach.

6.2. AVAILABILITY AND MAINTENANCE

The OPERATOR undertakes to make every effort to make the EVENT PLATFORM and the EXHIBITOR’S online CATALOGUE on the EVENT PAGE accessible at all times, except in the event of force majeure or an event beyond the OPERATOR's control.

However, the OPERATOR shall not be held responsible for any disruptions, interruptions or anomalies that are not of its making and that affect, for example, transmissions via the Internet network and more generally via the communication network, regardless of the extent and duration thereof.

The OPERATOR reserves the right to temporarily interrupt access to the EVENT PLATFORM or to suspend all or part of the SERVICES for maintenance reasons, for the improvement and installation of new functionalities, to audit the proper functioning or in the event of a malfunction, a threat of malfunction, or for compliance with security standards. 

The OPERATOR provides EXHIBITORS, BUYERS and PROFESSIONAL VISITORS with an assistance service accessible: 

• by telephone on +33 9 70 84 51 28 from 10am to 5pm from Monday to Friday, Paris time. These times may change depending on the activity of the PLATFORM. The OPERATOR will inform the EXHIBITOR, BUYER and PROFESSIONAL VISITOR by email. 
• by email to [email protected]

Any intervention resulting from misuse by the EXHIBITOR, BUYER or PROFESSIONAL VISITOR of the EVENT PLATFORM or of the services and features offered to them may give rise to specific invoicing after acceptance of a prior quote to remedy the consequences thereof.

6.3. CONTENT

6.3.1. Storage of CONTENT

The OPERATOR shall comply with the legal and regulatory time limits for the storage of the PLATFORM user's CONTENT on the PLATFORM. 

Pursuant to Articles 2224 et seq. of the French Civil Code, evidence of the existence of the CONTRACT shall be kept for five (5) years.

In application of article 6 II of French Act n°2004-575 of 21 June 2004 on confidence in the digital economy, data is stored under the conditions of French Decree n°2021-1362 of 20 October 2021.

In the event of termination of the CONTRACT, the procedures for deleting the CONTENT are detailed in Article 9.3 hereof.

7.3.2. Host of the CONTENT

The OPERATOR is the host of the CONTENT published by the EXHIBITOR in their PROFILE and in the EVENT PAGE, and that published by the BUYER and PROFESSIONAL VISITOR in their PROFILE, within the meaning of Article 6.I.2 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy. 

In this respect, the OPERATOR has the right to withdraw any obviously illicit CONTENT published on the EVENT PAGE by the EXHIBITOR, BUYER or PROFESSIONAL VISITOR that has been duly notified to it by any user of the WEBSITE or the PLATFORM by email to the following address: [email protected] and by registered mail with acknowledgement of receipt to the following address: COMEXPOSIUM - 70 Avenue du Général de Gaulle 92800 Puteaux. 

In accordance with the provisions of article 6 I 5° of French Act n°2004-575 of 21 June 2004 on confidence in the digital economy, the notification by user of the WEBSITE or the PLATFORM must include the following information: 

- if the user of the WEBSITE or the PLATFORM is a natural person: their last name, first name, e-mail address; 

- if the user of the WEBSITE or the PLATFORM is a legal entity: its corporate form, its company name, its e-mail address; 

- if the user of the WEBSITE or the PLATFORM is an administrative authority: its name and e-mail address;

- a description of the disputed CONTENT, its precise location and, where applicable, the electronic address(es) to which it is made available;

- the legal grounds on which the disputed CONTENT should be removed or made inaccessible;

- a copy of the correspondence sent to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted, except for the offences mentioned in the third subsection of paragraph 7 of this I as well as in Article 24a and the third and fourth paragraphs of Article 33 of the Act of 29 July 1881 on the freedom of the press, namely the offences of denial of crimes against humanity, incitement to commit acts of terrorism and their glorification, crimes of enslavement or exploitation of a person reduced to slavery, crimes and offences of collaboration with the enemy, incitement to racial hatred, hatred of persons on the basis of their gender, sexual orientation, gender identity, ethnic origin, religion or disability, as well as child pornography, incitement to violence, including incitement to sexual and gender-based violence, and violations of human dignity. 

6.4. LIABILITY

It is recalled that the OPERATOR's liability can only be incurred in the event of proven serious fault. 

Current Internet communication protocols do not allow for a certain and continuous transmission of electronic exchanges.

Consequently, the OPERATOR shall not be held liable in the event of force majeure, network and/or server malfunction, loss of CONTENT, breakdowns, interruptions, external intrusions, computer viruses preventing access to the PLATFORM or to any of its functions, or maintenance work necessary for the proper functioning of the PLATFORM or any other event beyond its control. 

The OPERATOR shall not be liable to the SELLER for the positioning of their PRODUCTS in searches carried out by users of the WEBSITE or the E-SHOP PLATFORM and which the SELLER considers unsatisfactory.

In the event of liability on the part of the OPERATOR, this liability is limited to the facts which are directly attributable to the OPERATOR and which cause the EXHIBITOR direct, real and certain damage, to the exclusion of any indirect damage.

In any event, the BUYER and/or the PROFESSIONAL VISITOR may only seek the liability of the OPERATOR after a period of a minimum of thirty (30) days after notifying the OPERATOR of the alleged breach by registered letter with acknowledgement of receipt, and following an attempt by the Parties to settle the dispute amicably.

If, by mutual agreement, they consider that the OPERATOR’s liability was engaged, they shall attempt to agree on the compensation that shall be awarded to the EXHIBITOR, BUYER or PROFESSIONAL VISITOR up to the amount of the loss that they will have suffered, taking into account the limit of liability agreed and recalled above. 

If no agreement is reached by the PARTIES, each of them shall recover their full freedom of action .

The OPERATOR calls upon external service providers or partners to perform all or part of the services and features of the platform. The latter are responsible for performing the services entrusted to them. 

7.1. TERMS AND CONDITIONS OF ACCESS TO THE EVENT PLATFORM

Users of the EVENT PLATFORM acknowledge that they have the necessary skills and means to access the EVENT PLATFORM and to use the services and features offered.

They are solely responsible for their internet connection and/or the devices they use to access the PLATFORM.

They acknowledge that they have checked that the computer configuration used does not contain any virus and that it is in perfect working order. 

Users of the PLATFORM acknowledge that they have taken all necessary measures to protect their computer system against any contamination by potential viruses and against any attempt at intrusion by third parties.  

Users of the PLATFORM are responsible for any loss or damage, material or immaterial, which results from their use of the PLATFORM. 

The OPERATOR shall not be liable for any costs associated with the use of the PLATFORM by the user (computer equipment, Internet connection, etc.). 

7.2. INFORMATION GIVEN AND PROPER USE

All users of the PLATFORM undertake not to infringe the rights of third parties or the image of the OPERATOR. 

In this respect, and without this list being restrictive, users of the PLATFORM undertake not to: 

• impersonate any other person or entity; 
• offer or promote an undeclared, illicit or illegal activity; 
• make unsolicited offers, advertisements, proposals or send spam to other users of the PLATFORM;
• defame, harass, abuse, threaten or defraud other users of the PLATFORM;
• collect information about other users of the PLATFORM, such as contact addresses or other personal information, and use it for purposes other than those intended by the use of the PLATFORM;
• collect, or attempt to collect, contact addresses or other personal information about other users of the PLATFORM without their consent;

Users of the PLATFORM also undertake not to share any CONTENT or hypertext link containing, without this list being exhaustive: 

• pornographic, paedophilic, violent, obscene or seriously offensive CONTENT;  
• CONTENT that infringes the property rights of third parties and/or the OPERATOR;
• CONTENT that could be qualified as or constitute incitement to commit crimes or offences, discrimination, hatred or violence, particularly on the grounds of race, ethnicity or nation, glorification of Nazism, denial of the existence of crimes against humanity, undermining the authority of justice, defamation, insult, denigration, invasion of privacy, or the performance of acts endangering minors; 
• CONTENT intended to display prohibited objects or works, messages of a defamatory, rude, insulting, violent or law-breaking nature, messages inciting the consumption of prohibited substances or suicide;
• CONTENT containing personal details and information enabling the precise geographical location of an individual and/or messages infringing the rights of others and the security of persons and property in violation of the privacy of correspondence;
• messages enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any tool or software;
• CONTENT with negative or discriminatory connotations (for example, a pseudonym: anti-"X"), of a political, religious, fascist, xenophobic, racist, sectarian or similar nature, insults or threats. 

7.3 INTEGRITY 

Users of the PLATFORM undertake to respect its integrity. They shall not hinder or force the operation of the PLATFORM, nor shall they fraudulently modify, alter or delete the CONTENT accessible via the PLATFORM, nor shall they fraudulently introduce data onto the PLATFORM. 

7.4. UNDERTAKINGS AND LIABILITY

The EXHIBITOR, BUYER and the PROFESSIONAL VISITOR undertake to: 

• comply with these terms; 
• provide up-to-date, accurate, truthful, fair and not misleading information;
• provide all documents and information in their possession necessary for the performance of the SERVICES;
• respect the BtoB nature of the PLATFORM; 
• hold all the rights and/or authorisations necessary for the marketing of the PRODUCTS;
• be up to date with all their obligations, in particular with regard to the exercise of a commercial activity (registration, accounting, social and tax obligations, etc.), the protection of personal data, the fight against corruption and undeclared employment, and compliance with the specific standards applicable to their activity;
• comply with all laws and regulations in force governing, in particular, communication on the Internet or rules that could prevent or limit the distribution of information or data. It is further specified that this obligation is extended to compliance with standards in force in each company targeted by the EXHIBITOR,
• make a regular backup of their CONTENT;
• provide the contact details of a single correspondent, the sole contact for the OPERATOR, and regularly update the information in their PROFILE, and, for the EXHIBITOR, in their online CATALOGUE;
• pay for corrective maintenance services after acceptance of the estimate drawn up by the OPERATOR when these services are required as a result of any malfunctioning which may be the consequence of:
  • the EXHIBITOR’s, BUYER’s or PROFESSIONAL VISITOR’s failure to comply with the obligations set forth herein and, in particular, the improper use of their BACK OFFICE, and/or for the EXHIBITOR of their online CATALOGUE or services;
  • the use of the BACK OFFICE, and/or for the EXHIBITOR of their online CATALOGUE or services by an unauthorised third party,
  • the EXHIBITOR’s BUYER’s or PROFESSIONAL VISITOR’s failure to train their staff in the use of the E-SHOP PLATFORM,
  • the lack of sufficient detail in any error report to the OPERATOR;
• refrain from undermining, in accordance with articles 323-1 et seq. of the French Criminal Code, the automated data processing systems implemented for the operation of the PLATFORM and the BACK OFFICE;
• respect the privacy of third parties and the confidentiality of exchanges with the OPERATOR;
• be loyal to the OPERATOR and other users of the WEBSITE and the PLATFORM, in particular by refraining from:
  • any action that has the purpose or effect of diverting or attempting to divert another user from the EVENT PLATFORM;
  • any action with the aim or effect of inciting all or part of the users of the WEBSITE not to register on the E-SHOP and/or EVENT PLATFORM;
  • any act of unfair competition and/or parasitic behaviour against the OPERATOR and any user of the PLATFORM; 
  • any act of fraud. 
• respect the intellectual and industrial property rights held by the OPERATOR and used by them in the context of the operation of the WEBSITE. 

In addition, the EXHIBITOR undertakes to:

• hold all the rights and/or authorisations necessary for the PRODUCTS presented online;
• be sincere and loyal in the information they provide, to establish in good faith precise and accurate descriptions that do not risk misleading other users of the WEBSITE and the EVENT PLATFORM;
• comply with the legislation in force, in particular that relating to advertising, applicable to the PRODUCTS they present on the WEBSITE and the EVENT PLATFORM;
• offer a minimum of twenty (20) product lines in their PRODUCT CATALOGUE;
• respect, for each PRODUCT photograph: a maximum size of 500 Kb; the recommended format is a square measuring 900 pixels by 900 pixels, a plain background, a JPEG or PNG format;
• complete the banner from the BACK OFFICE respecting the format of 950 pixels by 350 pixels in JPEG or PNG format.

Any user of the WEBSITE or the PLATFORM who notices a breach of one of the commitments of the EXHIBITOR, BUYER  or PROFESSIONAL VISITOR may inform the OPERATOR by e-mail at [email protected]

As a publisher within the meaning of French regulations and case law, the EXHIBITOR, BUYER and PROFESSIONAL VISITOR are solely responsible for the CONTENT they publish on the WEBSITE and/or PLATFORM, and for their compliance with the applicable regulations. In this respect, they shall be personally responsible for any dispute or legal action relating to the said CONTENT. Under no circumstances shall the OPERATOR be held liable in the event of infringement of third-party rights or in the event of errors or omissions. 

The OPERATOR does not check the CONTENT before they are posted online, intervening only a posteriori in the event of notification by any user of the WEBSITE and/or the PLATFORM. 

EXHIBITORS, BUYERS and PROFESSIONAL VISITORS shall compensate the OPERATOR for any damage, financial loss, condemnation or costs. 

They guarantee the OPERATOR against any liability action that may be brought against it due to faults committed by the BUYER or PROFESSIONAL VISITOR in the use of the PLATFORM, such as the violation of a third party's right, including that of another user of the PLATFORM.

The EXHIBITOR, BUYER or PROFESSIONAL VISITOR is solely responsible for the exchanges, declarations and commitments they make to the users of the PLATFORM and the OPERATOR, the latter being under no obligation to check in advance priori the commitments or declarations made by each of them.

8.1. PROPERTY OF THE OPERATOR 

The EXHIBITOR, BUYER and PROFESSIONAL VISITOR acknowledge the intellectual property rights of the OPERATOR to the WEBSITE and the PLATFORM, its components and the content thereof and waive the right to dispute these rights in any form whatsoever. 

The contents of the WEBSITE and the PLATFORM - with the exception of the CONTENT specific to each category of users- are the exclusive intellectual property of the OPERATOR and/or its partners, and may not be reproduced, used or represented without the express authorisation of the OPERATOR, and may be prosecutable. 

Any total or partial representation of the WEBSITE or the PLATFORM and its contents, by any means whatsoever, without the prior express authorisation of the OPERATOR is prohibited and will result in legal proceedings.

Subject to the provisions hereof, the EXHIBITOR, BUYER and PROFESSIONAL VISITOR shall refrain from directly or indirectly using the trademarks and more particularly the CXMP trademark, logos or distinctive signs of which the OPERATOR is the owner or holder of exploitation rights.

The EXHIBITOR’s, BUYER’s and PROFESSIONAL VISITOR’s acceptance of these terms and conditions does not give them any right to the intellectual property rights or know-how held by the OPERATOR and used in the operation of the WEBSITE.

8.2. PROPERTY OF THE PLATFORM USER

The user of the PLATFORM holds all intellectual property rights to the CONTENT that they put online via their BACK OFFICE.

The user of the PLATFORM grants a free and non-exclusive licence to the OPERATOR to use, reproduce, represent, adapt and make available to the public their CONTENT, including in particular brands, logos, creations protected by copyright and all visible distinctive signs, with a view to the performance of this agreement and any associated contract. This licence shall be valid for the entire duration of their use of the PLATFORM and worldwide. 

8.3. RIGHT TO USE THE PLATFORM

The OPERATOR grants each user of the PLATFORM a non-exclusive right of access and use of the PLATFORM and the associated software solution, to enable them to use the functionalities specific to their category. 

This right of access and use is non-transferable and shall not be considered as a transfer of ownership of any kind to the user of the PLATFORM. The latter shall therefore refrain from transferring, exchanging, lending, renting or granting to a third party, even free of charge, any right of use granted hereunder.

By way of exception, the user of the EVENT PLATFORM may grant their right of access and use by creating up to three sub-accounts for the benefit of collaborators or employees of their company via the "User Settings" tab.

The user of the EVENT PLATFORM defines the accesses and functionalities open to these collaborators and/or employees.

They will remain fully responsible for the sub-accounts created and the activity carried out from them.

Any use that does not comply with these terms and conditions may result in legal action. 

9.1. DURATION 

For the EXHIBITOR, the CONTRACT is concluded and comes into force, in its use aspect, upon activation of the EXHIBITOR's account on the website www.cxmp.com by the OPERATOR and for the entire indefinite duration of access to the EVENT PLATFORM. 

It shall come into force, in its services aspect, as soon as the EXHIBITOR's registration is validated by the OPERATOR for a fixed period starting on this same date until the OPERATOR opens the page dedicated to the following edition of the EVENT related to it.

At the end of this period, the EXHIBITOR shall no longer benefit from the services of the EVENT PLATFORM but shall retain access to their BACK OFFICE.

For the BUYER or the PROFESSIONAL VISITOR, the CONTRACT is concluded and comes into force, with regard to their registration application for the event related to the dedicated PLATFORM and for which they have an entry credential.

By exception, access to the networking service is opened one month before the first day of the EVENT. 

In any event, the BUYER and the PROFESSIONAL VISITOR have access to the services reserved for their category for a fixed period which ends one month after the closure of the physical exhibition concerned. 

At the end of this period, the BUYER and the PROFESSIONAL VISITOR no longer benefit from the services offered by the EVENT PLATFORM but retain access to their BACK OFFICE as well as to the E-SHOP PLATFORM. 

The CONTRACT may be terminated by either of the PARTIES under the conditions set out below.

9.2. GROUNDS FOR SUSPENSION AND TERMINATION

9.2.1. Automatic suspension

The OPERATOR reserves the right to suspend the EXHIBITOR’s, BUYER’s or PROFESSIONAL VISITOR’s account in the event that they become aware of non-compliance with the following obligations considered essential:

• In the event of failure to update the information concerning them; 
• In the event of non-compliance with the regulations in force relating to the exercise of the EXHIBITOR’s or BUYER’s activity, particularly in terms of accounting, social and tax obligations, protection of personal data, the fight against corruption and concealed employment or in terms of obligations specific to their activity; 
• In the event of violation by the EXHIBITOR of the applicable PRODUCT regulations; 
• In the event of counterfeit duly recorded by a court decision, regardless of its date, when the EXHIBITOR has not taken steps to comply with the decision;
• In the event of failure to provide accurate and compliant information on the PRODUCTS presented in the EXHIBITOR's online CATALOGUE;
• In the event of non-compliance with the regulations governing communication on the Internet or rules that could prevent or limit the dissemination of information or data;
• In the event of failure to communicate or update the documents and information necessary in light of changes in regulations requested of the EXHIBITOR or BUYER by the OPERATOR;
• In the event of non-compliance with the obligations of confidentiality and non-disclosure of their IDENTIFIERS. 
• In the event of an act with the aim or effect of diverting or attempting to divert another user from the EVENT PLATFORM;
• In the event of any action with the aim or effect of inciting all or part of the WEBSITE users not to register on the E-SHOP PLATFORMS and/or EVENTS; 

The suspension of the BUYER's account on the EVENT PLATFORM also applies to all of the features and services from which they benefit under the E-SHOP PLATFORM. 

If the EXHIBITOR is also a SELLER on the E-SHOP PLATFORM, the suspension of their account also applies to all the features and services from which they benefit. 

In the event that their account is suspended, the EXHIBITOR, BUYER and/or PROFESSIONAL VISITOR are no longer visible to the users of the WEBSITE and the PLATFORM.

They nevertheless retain access to their BACK OFFICE to make the necessary corrections and modifications.

The EXHIBITOR, BUYER and/or PROFESSIONAL VISITOR shall be informed of the suspension by e-mail and/or registered letter with acknowledgement of receipt, indicating the alleged grievances and the obligations allegedly not met. 

The EXHIBITOR, BUYER and/or PROFESSIONAL VISITOR has thirty (30) days to remedy the grievances raised as of the receipt of the e-mail or registered letter notifying them of the suspension, and in the latter case, if not received in hand, as of its first attempted delivery. 

If no reply is received within this period, the suspension shall result in the termination of this CONTRACT for cause.

9.2.2 Termination 

9.2.2.1. – No-fault termination

The EXHIBITOR, BUYER or PROFESSIONAL VISITOR SELLER may terminate this CONTRACT at any time, subject to eight (8) days' notice or by sending their account deletion request to the OPERATOR by e-mail at [email protected] or by registered letter with acknowledgement of receipt to their registered office.

The OPERATOR will acknowledge receipt of this request and will process it in the fifteen (15) days following its receipt.

The OPERATOR may terminate the CONTRACT at any time, subject to the observance of a notice period of eight (8) days. 

In this event, the OPERATOR notifies the EXHIBITOR and/or BUYER of their intention by e-mail or by registered at the address indicated in their BACK OFFICE, or by registered letter.

The notice period shall begin to run from the date of receipt of the said e-mail or letter, or failing this, from its first attempted delivery.

No-fault termination does result in an entitlement to any compensation, regardless of who terminated it.

9.2.2.2. - Termination for cause 

 

The CONTRACT is automatically terminated:

• At the end of the suspension procedure applicable to the core obligations referred to in Article 9.2.1;
• In the event of non-compliance by one of the PARTIES with one or several of their obligations considered essential, such as:
  • having the capacity and authority to enter into commitments (aged 18+, not disqualified from their profession, no insolvency proceedings ongoing, etc.); 
  • being a PROFESSIONAL in one of the following sectors of activity: food, fashion, lingerie, optics, sport or lifestyle;
  • depending on their category, being an exhibitor at a physical exhibition organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group or being a PROFESSIONAL holding an entry credential to a physical exhibition organised and/or marketed by the OPERATOR or one of the entities of the COMEXPOSIUM Group on the day of their registration for the event relating to the EVENT PLATFORM;
    • having submitted information on them that is up-to-date, accurate, sincere, and non-misleading, free of fraud or impersonation.
      • having faithfully communicated information that is essential for their co-contractor.
• If one of the PARTIES has committed a serious breach such as:
  • publishing manifestly unlawful CONTENT;
  • offering or promoting an undeclared, illicit or illegal activity; 
  • defaming, harassing, abusing, threatening or defrauding other users of the PLATFORM;  
  • collecting information about other users of the PLATFORM such as contact addresses or any other personal information to use for purposes other than those provided for in the SERVICES offered by the PLATFORM;
  • collecting, or attempting to collect, contact addresses or other personal information about other users of the PLATFORM without their consent; 
  • infringing the privacy of third parties and the confidentiality of exchanges with the OPERATOR or any other user of the PLATFORM;
  • undermining the automated processing systems implemented for the operation of the PLATFORM 
  • engaging in disloyal behaviour against the OPERATOR or one or more users of the PLATFORM, such as referred to notably in Article 7.4 hereof
  • respecting the intellectual and industrial property rights held by the OPERATOR and implemented by them in the operation of the WEBSITE; 

The termination of this CONTRACT shall be notified to the EXHIBITOR, BUYER or PROFESSIONAL VISITOR by e-mail at the address indicated in their BACK OFFICE or by registered letter with acknowledgement of receipt sent to their registered office. 

The termination shall be notified to the OPERATOR at the address [email protected] or by registered letter with acknowledgement of receipt sent to their registered office. It shall take effect as of this notification. 

9.3 CONSEQUENCES OF TERMINATION AND REVERSIBILITY 

Any termination will result in the EXHIBITOR’s BUYER’s and/or PROFESSIONAL VISITOR’s access to their BACK OFFICE being terminated. 

It shall also result in the removal of their access to the various services and functionalities of the EVENT PLATFORM, and for the BUYER  and PROFESSIONAL VISITOR, of the E-SHOP PLATFORM. 

If the EXHIBITOR is also a SELLER, the termination will result in the removal of their access to the E-SHOP PLATFORM, as well as the removal of his CATALOGUE from the PLATFORMS.

The EXHIBITOR, BUYER or PROFESSIONAL VISITOR must express their wish to obtain the return of all their CONTENT within two (2) months following the end of the CONTRACT. Where applicable, the EXHIBITOR, BUYER or PROFESSIONAL VISITOR may obtain all the CONTENT, files and documents belonging to them and accessible in particular from their BACK OFFICE in a machine readable form within thirty (30) days of their request.

It is however specified that, should the EXHIBITOR, BUYER or PROFESSIONAL VISITOR fail to request the return of the CONTENT, files and documents within two months of the end of the CONTRACT, the OPERATOR may proceed to destroy them. 

The OPERATOR retains the possibility of communicating with the EXHIBITOR, BUYER or PROFESSIONAL VISITOR for an additional period of six (6) months from the notification of the termination by one of the PARTIES.

Personal data is any information relating to an identified or identifiable natural person. An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity, as this term is defined by the regulations in force.

Each of the PARTIES guarantees the other PARTY that it will comply with the legal and regulatory obligations incumbent on it in relation to their role in the protection of personal data, in accordance with Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and French Act of Parliament 78-17 of 6 January 1978 "Information technology and civil liberties” as amended by Act No. 2008-493 of 20 June 2018.

With regard to the processing of personal data carried out on the PLATFORM, the OPERATOR refers the PLATFORM user to the personal data protection policy, which they are invited to consult on the website wwww.cxmp.com. before accepting it.

10.1.   WITH REGARD TO THE DATA PROCESSING

Pursuant to French Act 78-17 of 6 January 1978 on "Information Technology and Civil Liberties" as amended by Act No. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the PLATFORM user by the OPERATOR is necessary to guarantee access to the PLATFORM's functions and services and its proper use.  

The OPERATOR pays particular attention to the protection of personal data. This is an essential condition of the relationship of trust that the OPERATOR and the COMEXPOSIUM Group to which it belongs wish to establish with all those who entrust it with their personal data.

More specifically, the OPERATOR collects and processes the personal data of the user of the PLATFORM, in particular when creating an account and, depending on the category, when subscribing to the services offered. This data is processed solely to benefit from the features and services of the PLATFORM, including:

• To integrate the PLATFORM user into the WEBSITE and the PLATFORM;
• To administer the PLATFORM;
• To establish visit and use statistics (anonymous and aggregated);
• To be able to provide the services to the EXHIBITOR. 

All the data of the PLATFORM's user is processed in accordance with this purpose. 

The personal data of the PLATFORM user is kept for the duration of their use of the PLATFORM and for three (3) years at the end of the contractual relationship. 

They are intended for the OPERATOR as well as for all service providers associated with the operation of the PLATFORM. 

All service providers associated with the operation of the PLATFORM guarantee that they will process this data in compliance with the rights and obligations of French Act n°78-17 of 6 January 1978, amended by Act n°2018-493 of 20 June 2018, and guarantee the same for their possible subcontractors.

In accordance with the applicable regulations, the user of the PLATFORM has a right of query, right of access, a right of rectification, a right of objection to the processing of their data, a right to erasure and limitation of processing, a right to withdraw their consent at any time and a right to the portability of data collected by the OPERATOR.

The user can rectify, complete, update or delete their data by logging into their account and configuring the settings or by contacting the OPERATOR at: 

• [email protected]
• COMEXPOSIUM - 70 Avenue du Général de Gaulle, 92800 Puteaux, by providing proof of identity and a legitimate reason as provided by law.  

Finally, the PLATFORM user has the right to lodge a complaint with the French supervisory authority, Commission Nationale de l'Informatique et des Libertés (CNIL), by post at the following address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 or by e-mail at the following link: https://www.cnil.fr/fr/plaintes.

In the event of termination of the contractual relationship for any reason, the PLATFORM user must express their wish to obtain the return of all CONTENT within two (2) months of the end of their CONTRACT.

If necessary, the user of the PLATFORM may obtain all of their CONTENT in a machine readable form within thirty (30) days of their request. 

If the PLATFORM user fails to make such a request for return, the OPERATOR may proceed to destroy the CONTENT, files and documents.

  

10.2 COOKIES

 

During the user's visit to the WEBSITE and/or the PLATFORM, one or more cookies may be installed on their device.

 

To find out what type of cookies are installed, the user is invited to consult the cookie policy available on the WEBSITE. 

 

 

Each PARTY agrees to use the CONFIDENTIAL INFORMATION, as defined in Article 3 hereof, directly or indirectly, in whole or in part, only for the strict performance of this AGREEMENT.

 

Any substantiated disclosure may incur the liability of the disclosing party, regardless of the cause of the disclosure. 

The non-disclosure obligations set out in this clause shall not apply to all or any part of the CONFIDENTIAL INFORMATION to the extent that: 

1. It was legally held by the receiving party prior to disclosure;
2. It was lawfully disclosed to the receiving party by a third party without restriction of disclosure;
3. It is covered by a legal obligation of disclosure by a jurisdiction, authority or administration.

 

This confidentiality clause shall remain valid beyond the expiry of the CONTRACT until such time as the CONFIDENTIAL INFORMATION passes into the public domain other than through a breach by the receiving party and in any event for five (5) years after the expiry of the CONTRACT.

  

 

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a definitive judicial decision, they shall be deemed unwritten but shall not entail the nullity of the other clauses herein which shall retain all their force and scope.

 

 

The failure of either party to establish a breach by the other party of any of their obligations hereunder shall not be construed as a waiver of such obligation for the future.

 

 

In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.

 

 

 

 

 

This document is subject to French law. It is written in French. In the event that it is translated into one or more languages, only the French version shall be legally binding in the event of a dispute. 

 

Any dispute relating to the conclusion, performance, termination, invalidity or interpretation of this Agreement shall be resolved amicably between the PARTIES by written exchange and/or physical or electronic meeting within thirty (30) days of written notification by the earliest petitioner to the other.

 

If an amicable agreement cannot be reached within a period of thirty (30) days, the dispute will be submitted, notwithstanding multiple defendants and/or third party claims, to the exclusive jurisdiction of the commercial or judicial courts of Paris.