Update: 31/08/2010
The limited liability company Ahoha registered in the Nantes Trade and Companies Register under number 498400712, the registered office of which is located at 145 boulevard Jules Verne, 44300 Nantes (hereinafter referred to as 'Biziker'), has set up and developed the first business networking service for international business travellers. This service, provided via the website www.biziker.com, (hereinafter 'the Website'), allows the Members thereof to expand their network of business contacts and meet other Members when they travel for business at the time of events organised by Biziker.
The network thus created is strictly for business purposes. Members expressly acknowledge that they are businessmen and businesswomen.
Registration with Biziker and the use of the Website imply full and entire acceptance of the present Terms and Conditions of Use, of the Price Terms and Conditions and of the Website's Charter (hereinafter 'the General Terms and Conditions') by the Member.
The General Terms and Conditions, which are available on the Website, take precedence over any printed General Terms and Conditions.
In the present Terms and Conditions of Use, the following terms shall mean:
Personal registration implies that the Member completes all of the mandatory fields in the registration form displayed on the Website. The Member represents that the details he or she provides are accurate and undertakes to notify Biziker of any changes with regard to these details using the personal area provided for the management of his or her personal details.
Registration shall only become definitive at such time as the Member has fulfilled the various conditions and received a confirmation message from Biziker regarding activation of his or her User Account. Biziker reserves the right to not allow any and all registration application or to request any and all additional information that it deems necessary before accepting a registration and to do so, without providing any reasons for so proceeding.
Legal entities taking out Membership for its employees are responsible for the accuracy of the personal data provided to Biziker when User Accounts are set up. When accounts are being set up, each registered Member is advised to check the data entered regarding itself.
The provision of employees' personal data to Biziker by the legal entity implies the prior express consent of the employees. Should an employee not provide his or her consent, Biziker shall not be responsible for the registration of that person.
Usernames and Passwords are strictly specific to each person or company and may not be transferred.
The Member is the sole party responsible for the safekeeping and the use of his, her or its Username and Password.
The Member undertakes to not disclose them by any means whatsoever.
Any and all logins to User Accounts or transmission of data effected using the Username and Password are deemed to have been effected by the Member himself, herself, or itself under his, her or its sole responsibility.
In all correspondence, by postal or electronic means, sent to Biziker, the Member must list his, her or its user login name to facilitate and authenticate the processing thereof.
Should a Username or Password or one of the items comprising them be lost or stolen, the Member undertakes to change his, her or its password as soon as he, she or it becomes aware of the theft or of the loss.
The Password making up the Username and Password details can be changed at will by the Member.
Biziker reserves the right, during the course of performance of the agreement, to modify and/or change all of or part of the Username and Password details, in particular for reasons relating to technical and security issues, without the Member being able to claim any compensation whatsoever. However, insofar as shall be possible, Biziker shall notify the Member fifteen (15) days before implementing such changes.
When a third-party client is referred to Biziker by a Member, the Member is the sole party responsible for the information (name and email address) supplied in order that the invitation be sent.
Once registered, the Member can access all of the services available on the Website at will and in particular :
Biziker reserves the right to deactivate the accounts of Members who have not taken out Membership when they do not log in to the Website for periods greater than or equal to six months.
The use of Paid Services and access to Events is possible for Members who have Personal Membership or Company Membership.
As for other Members, they may take part in an Event in return for a payment as regards each Event in which they take part.
The various financial terms and conditions which govern Biziker services are set out in the Price Terms and Conditions, which may be viewed on the Website.
Membership and Events must be paid for using a credit card via a secure platform.
Any and all Membership which is renewed tacitly at the end of a period (see Clause 4 hereinbelow) shall be paid for using the credit card details, which were originally saved by the Member to the secure platform.
Should the Member's credit card change, the Member undertakes to change the details thereof immediately in his, her or its User Account.
A legal entity taking out one year's Membership for one or more of its employees is the subject of a schedule to the General Terms and Conditions.
The renewal of Membership at the end of that period is the subject of another schedule.
A pay-as-you-go payment for participation in an Event is made by credit card via a secure payment platform, or using a promotional coupon non-refundable, or a credit token from a previous operation.
The payment is valid solely for the Event in relation to which it is made.
Prices may be viewed on the Website and are specified at the time at which participation is confirmed.
Should the Member decide not to take part in an Event and cancel, that Member is credited with a non-refundable token equivalent to the amount he, she or it paid. Would have he, she or it used a promotional coupon or a credit token, the cancellation would not be refunded. Cancellations may be subject to administration fees, which are listed in the Price Terms and Conditions.
4.1. – Membership takes effect retroactively from the time at which Biziker notifies the Member of the Member's initial Username and Password details.
Membership is entered into for the period specified in the Price Terms and Conditions or in a schedule depending on the specific case and is renewed tacitly for the same term.
4.2. – The Member may cancel his, her or its Membership of Biziker at any time without providing a reason for so doing, using his, her or its User Account.
Termination of the User Account must be confirmed by means of an email sent to contact@biziker.com.
Cancellation of Membership results in deactivation of the Username and Password and no refund on a prorata temporis basis is allowed.
If the Member has Company Membership, the said email must be copied to the company.
4.3. – Should the Member commit a breach of the present Terms and Conditions, Biziker reserves the right to temporarily suspend or definitely withdraw use of the User Account without prior notice and without providing a refund.
Such withdrawal shall occur ipso jure and without prejudice to any and all applications for damages which may be claimed by Biziker from the Member or the person entitled to exercise the rights thereof or the legal representatives thereof in remedy of the losses incurred as a result of the said breaches.
Biziker complies with French and European (EU) standards as regards privacy protection and confidentiality of personal data.
Certain information, details or content (notably photos) that Members may provide on an optional basis may be likely to disclose the ethnic origin or the religion of the user. By providing such data, the Member in question expressly accepts the circulation of such data and assumes exclusive responsibility for so acting.
The information regarding the Member that is likely to be stored on Biziker is solely intended to enrich the Member's professional network. At any time, using his, her or its User Account, the Member can access all of his, her or its specific data and grant or withdraw consent as to the circulation of each piece of information. By making all or part of such data visible, the Member expressly agrees to the circulation of the data and takes sole responsibility for so acting. Subject to permission of the Member, such data can also be used to put the Member in contact with third parties, in particular with recruitment firms.
By registering for an Event, the Member expressly agrees to his or her name and mobile telephone number being forwarded to other Members taking part in the Event, in order that they may phone each other if required.
When an account is cancelled – by the Member or by Biziker – related personal data is destroyed within a timeframe of six months. The Member may request immediate destruction of the data held regarding him, her or it by sending an email to contact@biziker.com.
All necessary precautions have been taken to archive the personal data of Members in a secure environment. The Member expressly acknowledges that these precautions are based on the best-endeavours obligation which must be performed by Biziker. The Member expressly acknowledges that exchanges of information via the Internet are not inviolable. The data is never forwarded to third parties – unless formal consent to do so is granted by the Member – nor is the data sold or exchanged.
6.1. – In the context of use of the services provided by the Website, whether the use be direct or at the time of participation in an Event organised by Biziker, the Member undertakes in particular to comply with the following rules:
6.2. – Should one or more of these rules be breached by a Member, based on what is noted by Biziker or information brought to the attention thereof by one or several other Members, Biziker reserves the right to warn the Member or to block access to the Member's User Account temporarily or permanently, in part or in full, without anything in return for the Member, nor refund, without prejudice to proceedings likely to be initiated against the Member in question. If the Member has Company Membership, the legal entity which took out the Membership shall be notified of the reasons for the decision.
The information provided by a Member to Biziker must be accurate and in line with reality. Biziker can not be held responsible for the accuracy or otherwise of the information provided by a Member, nor the consequences of the disclosure thereof.
These provisions apply to all of the data provided by Members to Biziker, and that circulated on the Website or disclosed at the time of meetings with other Members in Events organised by Biziker. In particular, at the time of meetings with other Members in Events organised by Biziker, Biziker may not be held liable either by a Member or any other party howsoever (and notably the company which employs the Member) following circulation by a Member of information of any nature whatsoever. Members should note that it is their responsibility to take the necessary precautions when they take part in an Event, notably to protect themselves and to protect their interests and those of the company by which they are employed.
Should measures be taken to hold Biziker liable due to a breach by a Member of obligations incumbent on him or her under the terms either of legislation, of his or her employment contract or of the present General Terms and Conditions, the latter undertakes to hold Biziker harmless against any and all judgements made against it; this clause covers fines, compensation that may have to be paid, legal fees, and court fees which it may have to bear.
The Member is responsible for the hardware and software equipment required for the Website to function properly, and more broadly speaking the expertise, equipment, and software required to use the Internet. The Member acknowledges moreover that the characteristics and constraints of the Internet do not enable the security, the availability, and the integrity of data transmissions via the Internet to be guaranteed. Biziker shall not under any circumstances howsoever be held liable for the Website not working or for the Member not being able to access it as a result of unsuitable equipment or an unsuitable software configuration, or due to internal service problems related to the Member's Internet access provider or to the Internet network, or for any other external reasons not ascribable to Biziker.
Biziker does not guarantee that the services shall be useable on a non-stop basis nor that they shall operate without errors. Operation of the Website may in particular be momentarily discontinued for maintenance, update, or technical improvement reasons to develop the content thereof.
Biziker, Members or third-party business partners may provide hypertext links to other websites from the Website. Since Biziker is not able to control such websites, it shall not be held responsible for the provision thereof and for external resources, nor assume any liability as to any content thereof, regardless of the nature of that content.
Biziker may only be held liable by a Member in the eventuality that certain and definitive evidence of a fault which caused damage to a Member is proved in the courts.
Biziker shall under no circumstances whatsoever be liable for direct or indirect damage incurred by the Member should the behaviour of the latter, whether the behaviour be in relation to the Member's use of the services provided by the Website or at the time of the Member's participation in an Event organised by Biziker, have contributed to the damage which the Member alleges it incurred taking place, and in particular through language or conduct which is contrary to the present General Terms and Conditions, to applicable legislation, to the Member's professional obligations or to accepted standards of good behaviour.
It is expressly agreed that, if Biziker were to be held legally liable as regards its performance of the General Terms and Conditions, the Member would not be able to claim any monetary compensation or damages apart from a refund of the monies paid by the Member, as Membership fees, during the previous six months.
Biziker reserves the right to modify or to develop the Website at any time.
Such changes shall come into effect as soon as they are put online on the Website, without prejudice to the Member's option of cancelling his, her or its Membership. Failing which, the Member is deemed to have accepted such changes by continuing to use the Website or the services thereof.
The present Terms and Conditions are governed, interpreted and applied in accordance with French Law. The original French version of the present Terms and Conditions is (accessible here).
The Nantes Commercial Court shall be the sole competent court for the hearing of any and all disputes relating to the presents, including, without this list being limitative, the validity thereof, the interpretation thereof, the performance thereof and/or the cancellation thereof and the consequences of any such cancellation.
