Last update: 30/04/2024
Access to and use of the Festiv mobile application accessible on Smartphone (hereinafter referred to as the ‘Application’) published by FESTIV (hereinafter referred to as ‘FESTIV’) and the Services (hereinafter referred to as the ‘Services’) offered therein are subject to compliance with these General Terms and Conditions of Service (hereinafter referred to as the ‘GCS’).
The purpose of the GCS is to define the terms and conditions of access to and use of the Services by the User. These GCS govern the contractual relationship between FESTIV and any User who creates an Account. The User expressly undertakes to comply with the GCS in their entirety.
Any access to and/or use of the Application implies unreserved acceptance of and compliance with all the terms of these GCS. They constitute a contract between FESTIV and the User.
FESTIV reserves the right to modify the Application and these General Terms and Conditions of Service at any time, or to modify or supplement them with new additional contractual terms and conditions.
The Customer shall be informed by any means of any changes to these GCS.
The applicable GCS are those online on the Application and in force on the date the User creates an Account.
Unless otherwise specified, the following terms and expressions shall have the meaning given to them below if they appear with their first letter in upper case, whether in the singular or plural, in these GCS or in any other document issued by FESTIV:
FESTIV publishes a social network dedicated to the world of nightlife which is accessible to the public.
Access to the Service is free for Users.
FESTIV publishes a social network dedicated to the world of nightlife which is accessible to the public.The Service enables Users to :
The User must be at least 16 years old to use the Service.
To access the Service, the User must create an Account and provide the information requested in the registration form.
The User undertakes to provide complete and accurate information and to keep it up to date.
Each User may only create one Account and may not create an Account for a third party.
The User undertakes to keep secret the password chosen when creating his/her Account and not to communicate it to anyone. In the event of loss, theft or misuse of their password, Users undertake to use the password renewal procedure available on the Application.
In the event that the User provides information that is false, inaccurate, out of date, incomplete or misleading, FESTIV may, immediately and without notice or compensation, suspend access to the User Account and refuse the User access, temporarily or permanently, to all or part of the Services.
Once the Terms and Conditions of Sale have been validated and the User Account has been created, the User will receive an electronic confirmation e-mail at the address they have provided. It is the User's responsibility to check that the e-mail address entered is correct when creating their Account.
The User may order tickets to attend paid events published by an Organiser.
Orders are placed directly from the Application.
Ticket prices are indicated on the Service, in euros, inclusive of all taxes.
Payments are made by credit card only.
Prior to placing an Order, the Organiser provides the following information:
To place an Order, the User fills his/her basket with the desired qualities, must then click on ‘Confirm my order’ and provide the information relating to the method of payment.
Before clicking on the ‘Confirm my order’ button, Users may check the details of their Order and the total price in order to correct their Order if they so wish.
The Order shall only be definitively recorded once the transaction has been accepted by the bank.
As soon as their Order has been registered, Customers will receive a confirmation e-mail containing proof of their Order
A QR Code associated with the Event is immediately available on the Application.
The User is hereby informed that, in application of article L221-28 12°, the right of withdrawal does not apply to contracts for the provision of leisure activity services that must be supplied by a specific date.
Except in the case provided for in the following paragraph, Orders may not be cancelled by the User and may not be subject to any refund.
The Organiser may cancel an Event. Any cancellation of the Event by the Organiser will give rise to a refund for all Users.
The rules relating to the management of personal data by FESTIV are detailed in the data protection policy accessible at the following link: https://festiv.app/en/privacy.
Festiv's customer service can be contacted at the following address: hello@festiv.app.
FESTIV is subject to the liability regime provided for in Articles 6.I.2. et seq. of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. In this respect, FESTIV may under no circumstances be held liable for Content published by Users or for messages and content exchanged via the messaging system and gives no guarantee, express or implied, in this respect.
FESTIV excludes all liability for:
The User undertakes to use the Service legitimately, in compliance with the applicable regulations.
Users acknowledge that they alone are responsible for the User Content that they place online on the Service. In this respect, Users guarantee to FESTIV that the User Content they publish:
More generally, the User undertakes to remain courteous and to ensure that the User Content does not contain any derogatory remarks about FESTIV, other Users and, more generally, any third parties, in compliance with the rules of common sense and politeness.
The User guarantees FESTIV peaceful enjoyment of the User Content. In this respect, the User agrees to hold FESTIV harmless against all claims, actions or recourse of any kind arising from User Content and to compensate FESTIV for any damages, costs or indemnities relating thereto.
In the event of non-compliance with the above provisions, FESTIV reserves the right to delete the Content published by the User and/or to refuse access to certain functions and/or to delete the User Account, without prejudice to any other right and/or remedy of FESTIV.
A User may delete his Account from the Application settings.
His request will be effective within 1 month.
The User will be able to retrieve his User Account data directly from the Application.
FESTIV reserves the right to immediately suspend all or part of access to the Services and the Application or to immediately delete the User Account, in particular, but without this list being exhaustive, as of right, without any right to compensation, without any legal formalities and without prejudice to any legal proceedings brought by FESTIV:
in the event of fraud or attempted fraud, and more generally any breach of these GCU; due to any act of piracy, use or attempted use of data in breach of laws and regulations or in the event of suspected introduction into a computer system, attempt to alter its content or commit any of the offences punishable by articles 323-1 to 323-7 of the French Penal Code;
attempted fraud includes any attempt to alter, falsify or circumvent the use and/or security features of User Accounts, Services and/or the Application;
Suspension or exclusion will be notified to the User by email.
Where applicable, the e-mail notification referred to above will specify how the User can regularise his situation, except in cases where a legal provision prohibits him from doing so. The suspension will be maintained until the situation has been rectified.
FESTIV may not under any circumstances be held liable for any harmful consequences that may result from the suspension or removal of access to the Application, and/or from any failure or delay in providing information regarding said blocking, except in the case of gross negligence or wilful misconduct.
Under no circumstances may FESTIV be held liable for the harmful consequences of the suspension of Services following notification of loss, theft, misappropriation, unauthorised use or a similar event by a third party identifying themselves as the User.
The User is hereby informed that the content and presentation of the Application, in particular the texts, images, drawings, graphic charter, logos and trademarks are protected by intellectual property law.
Users shall refrain from copying, reproducing or distributing all or part of the elements present on the Application, in any form whatsoever, without the prior written consent of FESTIV.
The User is hereby informed that FESTIV holds the database producer's rights to the databases created on the Platform, which may in particular contain information communicated by the User.
Hypertext links may lead to other third-party sites. FESTIV accepts no responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
The parties may not be held responsible, or considered to have failed in their contractual obligations, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
In the event of a dispute, the User should first contact the FESTIV user service:
Users who are consumers may have recourse to a mediator for any dissatisfaction after first sending a written complaint to FESTIV.
If the request for a complaint to the user service is unsuccessful or if there is no response from this service within a period of two (2) months, the User may submit the dispute relating to these GST opposing him/her to FESTIV to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
For more information, you can also visit the website of the Commission d'évaluation et de contrôle de la médiation de la consommation.
The European Commission provides an online dispute resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.
These GCS are governed by French law.
For consumers, any dispute relating to the performance, interpretation or validity of these GCS will, in the absence of mediation between the Parties, fall within the jurisdiction of the Court of the place where the defendant is domiciled (Article 42 of the Code of Civil Procedure) or the place where the service is provided (Article 46 of the Code of Civil Procedure), or the Court of the place where the consumer resided when the contract was concluded or when the harmful event occurred (Article R631-3 of the Consumer Code).
For merchants, any dispute between the parties relating to their commercial relations and in particular to the conclusion, interpretation, performance and termination of these general terms and conditions of service shall be subject to the exclusive jurisdiction of the courts of the place where FESTIV's registered office is located.
This attribution of jurisdiction shall also apply in the event of summary proceedings, multiple defendants or the introduction of third parties.