Terms and conditions of use

 

Preamble

The website accessible at loc-hall.fr (the "SITE") is published by LOC'HALL SAS, a société par actions simplifiée (simplified joint stock company) with capital of 13,594 euros, registered under number 891 412 454 RCS Nanterre, headquartered at 107 rue Tahère - Saint Cloud (92210) (hereinafter "LOC'HALL").

The WEBSITE offers a service for booking SERVICES, in particular the booking of venues for professional events with public authorities (town halls, museums, etc.) and professional service providers (hereinafter referred to as the "SERVICE PROVIDERS") and the organizers of events and professional meetings (hereinafter referred to as the "ORGANIZERS").

Access to and use of the SERVICES are reserved for professional USERS. The USERS are the PROVIDERS, the ORGANIZERS, as well as any other professional user of the site. The term "professional" is understood to mean any individual or legal entity that carries out a commercial, industrial, artisanal or liberal activity, and any person acting in the name of or on behalf of a professional.

The present Terms of Use form an integral part of the contract concluded between LOC'HALL on the one hand and the USER on the other.

The ORGANIZER remains in all circumstances entirely responsible for the organization and success of its event. The following terms and conditions (hereinafter the "GENERAL TERMS AND CONDITIONS OF USE" or "T&Cs") are and shall remain applicable as of the first use of the SERVICES. Please read these Terms of Use and make sure you understand them. By using the SERVICES, the USER agrees to be bound by these TOS. At any time, if the USER disagrees with these TOS, the USER must immediately terminate use of the SITE.

We invite you to regularly check these terms, knowing that each use of the SERVICES is subject to the version of the Terms of Use then in force.

The present General Conditions of Use prevail over all other general conditions of purchase and/or sale and particular documents specific to the PROVIDER, the ORGANIZER or any third party.

The USER may at any time consult them on the SITE, reproduce them, store them on his computer or on another medium, send them to himself by e-mail or print them on paper so as to keep them.

It is agreed as follows:

Article 1. Definitions

The definitions set forth in this section apply to these Terms of Use.

" ACCOUNT" : refers to the virtual space assigned to each USER of the SITE upon registration. This Personal space is accessible by entering the USER'S IDENTITY.

"GENERAL CONDITIONS OF USE (or GCU)": refers to the present contractual conditions made available on the SITE to govern the use of the SITE by any USER, which form an integral part of any contract concluded between the latter and LOC'HALL.

"SPECIFIC CONDITIONS / CONDITIONS OF SERVICE (or CP/CS)": refers to the contractual conditions governing the provision of SERVICES by LOC'HALL to the ORGANIZERS, these conditions taking precedence over the GCU in the event of contradiction.

" REFERENCING CONDITIONS" : refers to the conditions governing the subscription and referencing service provided by the SERVICE SUPPLIERS to LOC'HALL, these conditions taking precedence over the GCU in the event of contradiction.

"USER DATA": refers to billing data or other information entered by the USER or by LOC'HALL on behalf of the USER for the purpose of using the SERVICES.

" SHEET": means the page specific to each SERVICE PROVIDER, dedicated to the presentation of the services offered to USERS.

"IDENTITY": refers to the USER DATA entered when creating an ACCOUNT, allowing the validation of a USER's REGISTRATION.

" LOC'HALL" or "We": refers to LOC'HALL, a simplified joint stock company with a capital of €10,000, registered under the number 891 412 454 RCS PARIS, whose head office is located 107 rue Tahère - Saint Cloud (92210).

"VENUE": refers to, but is not limited to, the room or space offered for rental or temporarily rented by the SERVICE SUPPLIER to an ORGANIZER

"ORGANIZER": refers to any professional, natural person or legal entity, who wishes to contact a SERVICE SUPPLIER through the SITE in the context of the organization of a professional event.

"PARTIES": means the USER on the one hand and LOC'HALL on the other.

"PROVIDER": means any public body (town hall, museum, etc.) or professional, individual or legal entity, in particular the owner and/or operator of a SITE, referenced on the SITE, in order to offer its SERVICES to the ORGANIZERS.

" SERVICE": means any service offered by a PROVIDER listed on the SITE, in particular the rental of a PLACE.

"ASSOCIATED SERVICES": means the reception and hospitality services, whether free of charge or not, that may be offered by a PROVIDER to an ORGANIZER in addition to the main rental SERVICE.

"SERVICE": refers to all the services offered by LOC'HALL to USERS via the SITE.

"SITE": refers to the Internet site https://www.lochall.fr, created and published by LOC'HALL. The SITE includes all the web pages, SERVICES and functionalities offered to USERS.

"USER" or "YOU": refers to any person who accesses and browses the SITE, whether he/she is a PROVIDER, an ORGANIZER or a simple Internet user.

Article 2. Role of LOC'HALL

The WEBSITE offers an online professional networking service through which PROVIDERS can offer their SERVICES to ORGANIZERS.

It is specified that LOC'HALL only intervenes as a service provider company for putting people in touch with each other and operator of the online platform according to the law for a Digital Republic of October 7, 2016.

All of the information relative to their presentation and the services offered are established by the SERVICE SUPPLIERS, without intervention by LOC'HALL. LOC'HALL shall therefore not be responsible for the pre-contractual information provided by the SERVICE SUPPLIERS on their space. LOC'HALL merely hosts this information for which it is not the publisher and cannot be held responsible for this content. LOC'HALL does not intervene in the contract concluded between the SERVICE SUPPLIERS and the ORGANIZERS and/or third parties, and therefore cannot be considered as a party to said contract. LOC'HALL is not responsible for the information provided by the ORGANIZERS to the SERVICE SUPPLIERS. LOC'HALL is not an event management agency.

Furthermore, it is specified that the GTUs do not confer upon USERS the status of employee, agent or representative of LOC'HALL under any circumstances.

Article 3. Conditions of registration of the ORGANIZERS and SERVICES offered

3.1 ORGANIZER's registration

3.1.1 Quality of ORGANIZER

To become an ORGANIZER, you agree that:

• you are 18 years of age or older;
• you are a valid representative of a legal entity, or you are a professional, a craftsman or a sole proprietor;
• you use the Services in a professional capacity and not as a private individual or consumer, and you declare and guarantee in this context that you have taken out a "civil liability" insurance policy covering in particular the civil liability of tenants and sub-tenants, as well as theft, fire, breakage and any other damage likely to be committed by an ORGANIZER and the participants in the event organized, it being specified that LOC'HALL shall in no case be held responsible for damage to the SITE or any other loss of value of the SITE.

3.1.2 Conditions of registration

As soon as the quotation is signed, the USER will receive by e-mail his login and password to access his ACCOUNT on the SITE.

The ORGANIZER will then be able to benefit from the SERVICES.

The ORGANIZER undertakes to provide LOC'HALL with accurate, fair and up-to-date information that does not infringe on the rights of third parties in any way whatsoever.

The ORGANIZER undertakes to communicate to LOC'HALL any necessary update of the data communicated at the time of registration.

3.1.3 Management of identifiers

Once registered, the ORGANIZER must log on to the SITE with his IDENTIFIERS.

LOC'HALL undertakes not to communicate this password. It is the responsibility of the ORGANIZER to ensure the confidentiality of its IDENTIFIERS.

Any connection to an ORGANIZER's ACCOUNT Starting at its IDENTIFIERS will be presumed to have been made by the ORGANIZER itself, which accepts responsibility for it.

Any ORGANIZER who becomes aware of fraudulent use of its IDENTIFIERS must inform LOC'HALL as soon as possible. Any negligence on the part of the ORGANIZER in communicating this alert to LOC'HALL may be held against them.

Creating an ACCOUNT requires providing a valid email address.

The ORGANIZER undertakes to create only one and only one ACCOUNT on the SITE. LOC'HALL declines all responsibility for the harmful consequences that may result from the use of multiple ACCOUNTS for a single ORGANIZER.

The ORGANIZER is entirely responsible for the accuracy and updating of the data communicated in the context of the opening and management of its ACCOUNT.

LOC'HALL reserves the discretionary right to refuse the registration of an ORGANIZER who does not conform to the spirit of the SITE or who contravenes the image of LOC'HALL, without it being possible to engage its responsibility in any way whatsoever.

3.2 SERVICES made available to the ORGANIZER

The User Services offered on the LOC'HALL platform are free of charge.

3.2.1 Consulting the records

Once logged into his ACCOUNT, the ORGANIZER can consult the information relating to each SERVICE, via each FORM.

The ORGANIZER can search according to different criteria: type of place, location, number of people.

3.2.2 Requesting a match

In order to obtain a connection with the SITE, the ORGANIZER provides the SITE with at least the information relating to the type of event planned, the date of temporary rental, and the number of participants. The ORGANIZER's request may be refined by providing additional information in the "Give us more information about your event" section.

On the basis of the information transmitted by the ORGANIZER, LOC'HALL will contact the ORGANIZER if necessary in order to qualify the request. LOC'HALL will then contact the PLACE to ask if it accepts this connection with the ORGANIZER.

3.3 ORGANIZER's Unregistration

The ORGANIZER is free to delete his ACCOUNT at any time in the following manner:

• By e-mail, to the following address: contact@lochall.fr ;
• By mail to the following address LOC'HALL - 107 rue Tahère 92210 Saint-Cloud

LOC'HALL will confirm the ORGANIZER's unregistered status by sending an e-mail to the address indicated on his ACCOUNT.

All data and content related to this ACCOUNT will then be deleted from the SITE, within 60 days of the request, in accordance with the LOC'HALL Privacy Policy. Only data that can identify a content publisher within the meaning of the law of June 21, 2004 will be kept for one (1) year before being destroyed.

Article 4. SERVICES offered to PROVIDERS

The relationships and provisions relating to registration and the SERVICES offered to PROVIDERS shall be governed by the REFERENCING CONDITIONS specific to them and, where applicable, by these GTC.

These CONDITIONS, which are transmitted by LOC'HALL to the SERVICE SUPPLIER as soon as the latter's contact details are communicated via the contact form on the SITE, together with these GTC, form the contract existing between LOC'HALL and the SERVICE SUPPLIER.

Article 5. Obligations of USERS and LOC'HALL with regard to the use of the SITE

5.1 Obligations of the USER

When using the SITE, each USER undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GTC.

Each USER is required to:

• Behave in a loyal and respectful manner towards LOC'HALL, other USERS and third parties;
• Be honest and sincere in the information provided to LOC'HALL and, if applicable, to third party USERS;
• Use the SITE in accordance with its purpose as described in these TOS;
• Not to divert the purpose of the SITE to commit crimes, offences or contraventions punishable by the Penal Code or any other law;
• Respect the privacy of others and the confidentiality of exchanges;
• Respect the intellectual property rights of LOC'HALL and the SERVICE PROVIDERS concerning the elements of the SITE;
• Not to seek to undermine the meaning of Articles 323-1 and following of the Penal Code to the systems of automated data processing implemented on the SITE;
• Do not modify the information put online by LOC'HALL or by the PROVIDERS;
• Do not use the SITE to send unsolicited mass messages (advertising or other);
• Not to disseminate data that would diminish, disrupt, slow down or interrupt the normal operation of the SITE.
• Do not transmit viruses via the SITE.

In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1981 relating to the freedom of the press, the USER undertakes not to disseminate any message or information:

• constituting wrongful denigration aimed at LOC'HALL or the SERVICE PROVIDERS;
• contrary to public order and morality;
• offensive, defamatory, racist, xenophobic, revisionist or damaging to the honor or reputation of others;
• inciting discrimination, hatred of a person or a group of persons because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
• threatening a person or group of persons;
• of a pedophilic nature;
• inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;
• inciting to suicide ;
• allowing third parties to obtain directly or indirectly pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software or other tool allowing infringement of the rights of others and the security of persons and property;
• of a commercial nature (canvassing, soliciting, prostitution...).

5.2 Obligations of LOC'HALL

5.2.1 General principles

The general obligation of LOC'HALL is an obligation of means. LOC'HALL is under no obligation of result or reinforced means of any kind.

5.2.2 Hosting / Availability

LOC'HALL undertakes to do everything in its power to ensure continuity of access to and use of the SITE 7 days a week, 24 hours a day, except in the event of force majeure or an event beyond LOC'HALL's control and subject to any breakdowns or maintenance operations necessary for the proper functioning of the SITE.

However, LOC'HALL shall not be held responsible for any disruptions, interruptions or anomalies that are not of its making and that affect transmissions via the Internet network and more generally via the communications network, regardless of the extent and duration of such disruptions.

It is also specified that LOC'HALL reserves the right to temporarily interrupt access to the SITE or to suspend all or part of the SERVICES for maintenance reasons, to improve and install new functionalities, to audit proper operation or in the event of malfunction or threat of malfunction.

Article 6. Fairness, clarity and transparency

In accordance with articles L.111-7 and following of the Consumer Code:

6.1 Terms of referencing and ranking of SERVICES

The PROVIDERS' FEATURES, which are presented to the ORGANIZERS on the SITE, are classified according to their relevance to the ORGANIZER's needs (for example, in the context of RESERVING a LOCATION: type of location, price, location, room capacities) and according to the date of listing and the PROVIDERS' possible subscription to a premium membership.

6.2 Existence of capital links

LOC'HALL has no capital link or legal dependence of any kind with any of the ORGANISERS that would influence the ranking or referencing of the content or services offered or put online. The SITE is published and operated by LOC'HALL.

Article 7. Intellectual property

7.1 Ownership of intellectual property rights

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the SITE are the exclusive intellectual property of LOC'HALL or of the SERVICE PROVIDERS and may not be reproduced, used or represented without express authorization, under penalty of legal action.

Any representation or reproduction, in whole or in part, of the SITE and its contents, by any means whatsoever, without the prior express authorization of LOC'HALL is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.

In particular, LOC'HALL expressly prohibits:

• The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
• Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form;
• The reproduction, extraction or reuse, by any means, of the contents (photographs, descriptions, etc.) of the DATA SHEETS relating to the PROVIDERS' venues .

Acceptance of these GTUs implies recognition by USERS of the intellectual property rights of LOC'HALL and the SERVICE PROVIDERS and an undertaking to respect them.

7.2 License to use the SITE

LOC'HALL grants a personal, non-exclusive and non-transferable license to USERS authorizing them to use the SITE and the information it contains in accordance with these GTC.

Any other use of the SITE and its contents is excluded from the scope of the present license and may not be made without the prior express authorization of LOC'HALL.

Article 8. Responsibilities

8.1 General principles

LOC'HALL declines all responsibility in particular:

• in the event of the impossibility of temporarily accessing the SITE for technical maintenance operations or updating of published information. USERS acknowledge that LOC'HALL shall not be held liable in the event of malfunctions or interruptions of said transmission networks;
• in case of virus attacks, illicit intrusion in an automated data processing system;
• in case of abnormal use or illicit exploitation of the SITE by a USER or a third party;
• regarding the content of third-party websites to which hyperlinks on the SITE refer;
• in the event of non-compliance with these GTCs attributable to USERS;
• in case of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in these GCU;
• in the event of a foreign cause not attributable to LOC'HALL;
• for any indirect or immaterial damage such as loss of chance, loss of profit, loss of contract or loss of image.

In any event, LOC'HALL may only be held liable in the event of a proven fault.

In the event of abnormal use or illicit exploitation of the SITE, the USER shall be solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.

8.2 Hosting status

USERS acknowledge that LOC'HALL is a host in the sense of article 6 I 2° of the law of 21 June 2004 on confidence in the digital economy, known as LCEN.

In this respect, LOC'HALL reserves the right to withdraw any content that has been reported to it and that it considers to be manifestly illicit within the meaning of article 6 I 2° of the law of 21 June 2004 on confidence in the digital economy, known as the LCEN.

Notification of clearly illegal content by a USER or any other third party must be made by e-mail to contact@lochall.fr or by registered mail with return receipt.

In accordance with article 6 I 5° of the law of June 21, 2004 for the confidence in the digital economy called LCEN, the notification, to be valid, must include the following elements:

• date of notification;
• if the notifying party is a natural person: name, surname, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body that legally represents it;
• the name and address of the recipient or, in the case of a legal person, its name and registered office;
• a description of the facts in dispute and their precise location;
• the reasons why the content must be removed, including the mention of legal provisions and factual justifications;
• copies of correspondence to the author or publisher of the offending information or activity requesting that it be discontinued, withdrawn, or modified, or stating why the author or publisher could not be contacted.

Article 9. Force majeure

The PARTIES shall not be deemed to have failed in their obligations if they are prevented from performing all or part of their obligations as a result of an event of force majeure, provided that the defaulting PARTY informs the other PARTY, by registered letter with acknowledgement of receipt, within five (5) calendar days of the occurrence of the event and provides evidence of the nature of force majeure as defined by French case law, including in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal equipment or others; and the interruption, suspension, reduction or disruption of electricity or other or any interruption of electronic communications networks.

The defaulting PARTY shall use its best efforts to limit the effects of the force majeure event, and to find any suitable solution in order to resume performance of its obligations as soon as possible.

If the performance of one or more of the obligations of either PARTY is deferred due to the occurrence of a force majeure event, the performance of the obligations shall be suspended until the said event has passed.

Article 10. Protection of personal data

10.1 Concerning the treatments carried out by LOC'HALL

In the course of operating the SITE, LOC'HALL may collect personal data.

This data is necessary for the management of the SITE and the SERVICES. This data will be processed in accordance with the purposes for which it was collected and will be kept for a period justified by the purpose of the processing.

As such, the processing of your personal data has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) - (number pending)

In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, and in accordance with the General Data Protection Regulation of May 23, 2018 (RGPD), the USER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He may exercise this right by sending an e-mail to contact@lochall.fr or by sending a letter to LOC'HALL 107 rue Tahère 92210 Saint-Cloud

10.2 Concerning the treatments carried out by the SERVICE SUPPLIERS

The SERVICE SUPPLIER may be required to collect and process the personal data of the SITE's ORGANIZERS, in particular when the latter reserve a PLACE. In this respect, the SERVICE SUPPLIER guarantees that it will process this data in compliance with the rights and obligations arising from the French law on "Information Technology and Freedoms".

Within the framework of the processing of personal data implemented by the SERVICE SUPPLIER, it is recalled that LOC'HALL is a subcontractor within the meaning of article 35 of the law of 6 January 1978.

It is therefore expressly agreed between the PARTIES that LOC'HALL, in the context of the processing carried out by the SERVICE SUPPLIER :

• Will not perform any data processing operation unless instructed by the PROVIDER and always under the full and exclusive responsibility of the PROVIDER,
• Will do everything in its power to ensure the security and confidentiality of the personal data entrusted to it.

Article 11. Validity of the GCU

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the present GTU shall not affect the validity of the present GTU. Such a modification or decision does not authorize USERS to disregard these GTUs.

Article 12. Modifications

12.1 Modifications to the TOS

The present GTC apply to all USERS browsing the SITE.

The GTC may be modified and updated by LOC'HALL at any time, in particular to adapt to legislative or regulatory changes.

The applicable GTC are those in force at the time of browsing the SITE.

12.2 Modifications to the SERVICES

LOC'HALL reserves the right to modify or stop offering all or part of the SERVICES at any time, at its own discretion.

The USER shall be informed of such changes and/or cessation by any useful means, within one (1) month.

Article 13. Claims

Any claim can be made to LOC'HALL Customer Service by e-mail at the following address: contact@lochall.fr.

Claims can also be sent by post to LOC'HALL 107 rue Tahère 92210 Saint-Cloud

Article 14. Agreement of proof

In accordance with the terms of Article 1368 of the Civil Code, LOC'HALL and the USER shall establish the rules of evidence admissible between them within the framework of these GCU.

The USER accepts that the electronic files sent by LOC'HALL or made accessible from the SITE shall be admissible before the Courts and shall constitute proof of the data and elements they contain as well as, where applicable, of the authentication and signature procedures they express. The PARTIES agree that the USER may express his consent by signing on a tablet or screen and/or by checking boxes and/or by using any other means made available to him.

These processes are admissible before the Courts and are proof of the data and elements they materialize as well as the signatures they express in accordance with the requirements of article 1367 of the Civil Code.

Article 15. Applicable Law and Dispute Resolution

These GENERAL TERMS AND CONDITIONS OF USE, their performance and interpretation shall be governed exclusively by French law. In the event of any dispute between the PARTIES concerning the interpretation, performance or termination of these GENERAL TERMS OF USE, the PARTIES shall endeavor to resolve the dispute amicably.

However, prior to any recourse to an arbitral or state judge, the USER is invited to first contact LOC'HALL's Customer Service

In the absence of an amicable agreement within one (1) month from the date of referral by one of the PARTIES, the dispute may be submitted to the Courts of the jurisdiction of the Court of Appeal of Nanterre, to which jurisdiction is expressly granted, notwithstanding multiple defendants or third party claims, including for emergency or protective proceedings, in summary proceedings or by petition.