FOR PARTICIPATING IN OR ORGANIZING AN EVENT
Phone: +31 628 92 85 03
The director of the publication is Claire PASSY.
The purpose of these SToU is to define the conditions under which Organizers and Users can access and use the Services, doing so in particular in order to organize or participate in Events.
Organizers and Participants must validate these SToU when organizing or participating in their first Event. The SToU are stored on a durable medium and will remain accessible on the Application and on the Site.
- “Application” means the THERESHEGOES Application enabling the rendering of the Services, available on iOs and Androïd.
- “Personal Account” means the Personal Account created by a User when signing up to the Services.
- “Elements” means all the elements composing the Application, namely (non-exhaustive list): software, codes, databases, texts, documentation, drawings, logos, images, graphics, and other type of content.
- “Event(s)” means events organized by Organizers by means of the Application and in which the Users are free to Participate. Events may be free-of-charge or alternatively, some nature of admission fee may be charged.
- “Signing up” means the steps followed to sign up to the Services as defined in article 3 herein.
- “Organizer” means a female User organizing an Event.
- “Participant”means a User who has registered for an Event and/or participated in an Event.
- “Services” means the services made available to Users by THERESHEGOES by means of the Application whose features are described in more detail in article 4 of these SToU. This is a mainstream consumer online service.
- “Site” means the site accessible via the url: <thereshegoeslive.com>.
- “ThereSheGoes” means THERESHEGOES, a simplified joint-stock company with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, said company making the Application and the Services available to Users.
- “Partner” or “Partners” means all association, all person or group whose values match those of ThereSheGoes, who organize events and with whom ThereSheGoes wants to build a relationship.
Only Users of adult age may propose or participate in Events.
If the Organizer and/or the Participant does not accept the SToU, she/he is not allowed to organize or participate in any Events.
- DESCRIPTION OF THE GENERAL AND SPECIFIC SERVICES OF ORGANIZERS
- Services Available to ThereSheGoes Users
By availing of the Services, Organizers can set up a Personal Account in order to contact other Users with the same interests, to suggest creating new Events or participating in Events.
- Creating Events
To create an Event, the Organizer simply clicks on the corresponding tab.
The Organizer then add the following:
The Organizer is invited to add:
- a photograph of the event, taken from a pre-existing stock; / 8JU
- location of the event (city - country);
- schedule of the Event (start time - end time);
- list of Users invited to the Event;
- keywords for the event, preceded by a hashtag “#”;
- description of the event;
- possibility for the Organizer to be contacted by clicking on the relevant tab;
- admission fee (or confirmation that the Event is free-of-charge).
After adding this information, the Organizer must click on the tab at the end of the “Create” page to generate a record for her Event.
A notification to those Users invited by the Organizer is then automatically generated by the Application.
Users who are interested in organizing an Event may also apply to participate in the Event proposed by the Organizer; the Organizer is responsible for accepting or refusing applications.
The Organizer and the User will be able to receive directly, on their smart phone, notifications about Events. They are simultaneously informed that if they no longer wish to receive these push notifications, they must modify the parameters/settings of the Application or, alternatively, their smart phone.
Specificity of the first paying Event
To create, for the first time, a paying event, the Organizer needs to ask ThereSheGoes to grant her access to a dashboard allowing her to track and manage Users’ payments.
ThereSheGoes, which reserves the right to refuse access to the dashBoard, will then have to validate the first request from the Organizer.
- Followed by other Users
Users can follow and settle in the “friend zone” of Organizers by clicking on the “heart” of a person's profile she/he wants to follow. This will enable the User to get in touch with the Organizer via the Application’s Chat Massaging Service and to have frequent news about the Organizer’s Events and activities.
Users can also monitor an Event by clicking on the “heart” which is present on the Event’ page.
- Blocking Users
Users are informed that they can block other Users as they wish; once a User has been blocked, she/he will no longer be able to view the profile nor Events created by the User who blocked her/him.
To unblock a User, the blocking User goes to the list of blocked Users, and unlock the desired person by clicking on the relevant tab.
- OBLIGATIONS AND RESPONSIBILITIES RELATING TO THE ORGANIZATION of, AND PARTICIPATION IN, AN EVENT
- USING THE SERVICES
The Organizer is particularly committed to using the functionalities according to their intended end purpose, and not to misappropriate the intended functionalities.
- NATURE OF EVENTS
The Organizer shall not propose any Event contravening the rules and regulations in force. Moreover, the Organizer commits to respecting public order and good morals and will refrain from organizing or describing any Events that could give rise to behavior or opinions that could be considered as offensive, discriminatory, defamatory, racist, derogatory, degrading, anti-Semitic, xenophobic, homophobic, or of a nature to infringe the image, dignity, or intellectual property rights of any third party, without the preceding constituting an exhaustive list.
In addition, the Organizer undertakes to ensure that the Events which she organizes shall be as she describes them when creating them. If entering an Event requires paying an admission fee, the Organizer undertakes never to require Users to pay an admission above and beyond the amount indicated on the Application or on the Site when the Event was first created.
- LIABILITY FOR ORGANIZING, HOLDING AND PARTICIPATING IN EVENTS
The goal of the Application and, by extension, the site, is to bring Users together, and in particular, Organizers and Participants.
ThereSheGoes does not intervene in the organization, execution and/or the holding of the Events themselves. Thus, and without this list being exhaustive, ThereSheGoes declines any responsibility as regards the nature, the character, the organization and/or the effective holding, or not, of the Events, this including Users registered for an Event actually showing up, and also including any damages, regardless of nature or cause (subject to there being a public order provision to the contrary) which might result from organizing, signing up to, or participating in, an event.
The Organizer acknowledges that she bears all the risks and consequences directly or indirectly related to the organization of Events and/or the holding of an Event and agrees to hold ThereSheGoes harmless for and against any claims or court sentences in this regard. Specifically, the Organizer agrees not create, in any way, confusion in the mind of Participants that her Event might have been organized in partnership with ThereSheGoes, or even with the approval of at ThereSheGoes.
Likewise, the Participant signs up for, and participates in an Event, under her/his own responsibility; therefore, she/he shall not be entitled to make any claims against ThereSheGoes in regard to any Event, or indeed any cancellation of any Event. Specifically, the Organizers are fully and solely responsible for any modification to any Event and agree to pay all the prices displayed for the participation in/organization of, the Event. Subject to any contrary public policy provision, ThereSheGoes shall not be held liable by any Participant who has suffered, or believes to have suffered, any prejudice directly or indirectly related to that Participant signing up to, or participating in, an Event.
Events are organized under the sole responsibility of Users; any cancellation or reimbursement procedure, or absence thereof, shall not concern ThereSheGoes in any way.
In addition, the Participant undertakes to inform the Organizer of any medical or physical problem of any nature prior to organizing an Event that might prevent that Participant from safely participating in that Event. The Participant agrees to abide by the instructions given by the Organizer during the running of the Event. Lastly, the Participant agrees to comply with all laws and regulations in force where the Event is held, in particular, but not limited to, the legal age of consumption of alcoholic beverages.
In the event of damages or difficulties being encountered within the context of organizing an Event, the Organizer and the Participants undertake to inform ThereSheGoes thereof without delay, without however this requirement being interpretable as ThereSheGoes incurring any obligation nor liability in this regard.
An Organizer is free to choose the Events he wishes to organize, and there shall be no nature of employer/employee relationship, or similar, between ThereSheGoes and a given Organizer, such as this relationship is interpreted by the applicable law and case law. Moreover, the Organizer undertakes not to make the organizing of Events her main activity.
- INTELLECTUAL PROPERTY RIGHTS
Users having the status of ‘Organizer’ and ‘Participant’ undertake to respect the intellectual property rights of ThereSheGoes or its licensors, doing so under the same conditions as those defined in the GToU.
The Organizer undertakes never to infringe the intellectual property right of a third party as a result of organizing an Event. Specifically, this means that the Organizer shall refrain from any descriptions or organization of an Event that violates copyright, trademark law, design law, or similar (i.e., non-exhaustive list). The Organizer undertakes to solicit all the authorizations that might be required to use a third party’s intellectual property right.
- EXCLUSION OF WARRANTY AND LIMITATION OF RESPONSIBILITY OF THERESHEGOES
Subject to warrantees that cannot be excluded nor limited pursuant to the law, ThereSheGoes’s shall not incur any liability as a result of Organizers and/or Participants organizing, signing up for, running, or participating in Events, nor as a result of any consequences or damages ensuing therefrom.
In any case, and without prejudice to the aforementioned limitations/exclusions of liability and bearing in mind common practices in its sector of activity, ThereSheGoes, notwithstanding its commitment to provide all care and support that could be reasonably expected in meeting its obligations, shall only be bound by an obligation of means.
- FINANCIAL CONDITIONS WHEN ORGANIZING OR PARTICIPATING IN A PAYING EVENT
The Organizer is free to organize Events that require payment of an admission fee.
In this case, any Users who want to participate in the corresponding Event must pay the admission fee, doing so either when signing up for the Event, or when validating their participation in the Event.
ThereSheGoes shall receive a commission of 20% of the price paid by the Participants.
If the Organizer is a Partner, ThereSheGoes may at its sole discretion reduce the commission to 10%.
Payments will be made via the platform [STRIPE, HQ, 510 Townsend st, San Francisco, United States].
For more information on this service provider, we recommend you consult its general terms and conditions available at [https://stripe.com/fr-FR/privacy].
Please note that under no circumstances shall ThereSheGoes incur any obligation to reimburse an admission fee paid by a User in order to take part in a given Event, regardless of the outcome of the Event including, the case where the Event does not even take place at all, or where the Event were not to correspond to the expectations (even a legitimate) of one or several Participants. Likewise, ThereSheGoes shall not incur any liability in the event of a Participant failing to pay, for whatever reason.
The Organizer shall be personally responsible for ensuring compliance with all the applicable laws including, in particular, but not limited to, laws ensuing from the Consumer Code. Moreover, the Organizer shall be responsible for proceeding to all the declarations required by the authorities (fiscal, social, etc.).
- ORGANIZING SUPPORT/USER
ThereSheGoes can provide the Organizer and the Participant with technical assistance with using the Services.
The Organizer and the Participant can refer to the detailed information provided by ThereSheGoes regarding the Application.
- DURATION OF THE SIGNING-UP PERIOD TO THE SERVICES
Once a User has signed up, she/he is entitled to stay signed up for an indefinite period.
- CANCELLATION OF MEMBERSHIP BY THE ORGANIZER OR BY THERESHEGOES
- PERSONAL DATA
- RIGHT OF WITHDRAWAL
In the event where a User participating in an Event enters into a business transaction with a professional within the meaning of the French Consumer Code, she/he automatically, pursuant to the provisions of article L 221-18 et seq. of the Consumer Code has a right of withdrawal from that transaction. She/he can exercise this right of withdrawal by contacting the professional within no more than fourteen (14) days as from the day following the transaction date.
Since ThereSheGoes acts as an interface to bring together Participants and Event Organizers, it is understood that ThereSheGoes shall not intervene in the above-mentioned right of withdrawal granted to Users.
- CHANGES TO SPECIAL CONDITIONS
ThereSheGoes reserves the right to modify the SToU at any time.
Any such changes will be notified immediately on the Application by way of an information screen displaying on the home page immediately upon login.
If the Organizer or Participant does not accept the modifications made to the GToU or to the SToU, she/he can cancel her/his membership under the conditions set out in the GToU.
In the event of a stipulation of these SToU, being held invalid or declared as such pursuant to a law or regulation or definitive decision handed down by a competent court, the other stipulations of the SToU, shall retain their full force and scope.
In case of conflict between the GToU, and the SToU, it is understood that the SToU shall prevail over the GToU.
Neither party may assign, transfer or otherwise retrocede any or all of its rights or obligations under the GToU or the SToU, be this at no cost or for a fee, unless and until it has the prior written agreement of the other party. By way of exemption to the preceding, ThereSheGoes shall be free to assign, transfer or otherwise retrocede some or all of the GToU or the SToU in the event of a company reorganization (including merger, takeover, total or partial contribution of assets, direct or indirect change of control).
- APPLICABLE LAW AND COMPETENT JURISDICTION
These SToU are governed by French law.
Any disputes that might arise between ThereSheGoes and an Organizer or a Participant relating to the validity, interpretation or execution of these SToU or to the termination of membership is subject to the jurisdiction of the competent French courts in accordance with French law.
Most recent version of these SToU: May 6, 2019.