Terms and conditions of sale

PREAMBLE

These Terms and Conditions (the "T&Cs") describe the terms and conditions under which Events Overseas Consulting Ltd (the "Company"), whose registered office is at KEMP HOUSE 152-160 City Road London EC1V 2NX, registered in London under number 09234053 (the "Company") acting on behalf of the Zouk Jam association based in GUADELOUPE provides the www.zoukjam.com website. An information, promotion and online distribution service for French-speaking musical artists from the Caribbean, including French Guiana and the Indian Ocean; an exchange platform enabling its members to create unique personal profiles online in order to promote their works, present information on the history of our music and the players in our culture, as well as the online purchase of products related to the Caribbean musical universe (tickets for shows, concerts, participation in festivals, online music sales in particular and all products related to the company's corporate purpose in general (artistic accompaniment, goodies, merchandising, etc.) on the site (hereinafter referred to as "the site").) on the www.zoukjam.com site (hereinafter the "Service" or "Site"). The Zoukjam.com Services are hosted in France.

THESE TERMS AND CONDITIONS ("CGU/CGV"), GOVERNED BY FRENCH LAW, ARE INTENDED TO GOVERN THE USE OF THE ZOUKJAM.COM WEBSITE, INCLUDING ALL CONTENT AND FUNCTIONALITY ACCESSIBLE ON THE ZOUKJAM.COM, (COLLECTIVELY DESIGNATED AS "SITE" FOR THE PURPOSES HEREOF) PUBLISHED BY EVENTS OVERSEAS CONSULTING Ltd. YOUR ACCESS TO OR USE OF THE SITE (WHETHER AS A REGISTERED OR NON-REGISTERED USER OF THE SITE), WHETHER AS AN INDIVIDUAL OR AS A PROFESSIONAL, CONSTITUTES YOUR EXPRESS AND UNRESERVED ACCEPTANCE OF THE GGU/CGV INCLUDING THE PROVISIONS OF ANY NOTICES ("NOTICES") APPLICABLE TO THE SITE, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY. IF YOU ARE ACCESSING OR USING THE SITE AS A PROFESSIONAL, YOU WARRANT TO EVENTS OVERSEAS CONSULTING Ltd THAT YOU HAVE ALL RIGHTS, AUTHORISATIONS AND AUTHORITY TO ACCEPT THE TERMS AND CONDITIONS ON BEHALF OF THE COMPANY, ASSOCIATION, PARTNER OR OTHER ENTITY FOR WHICH YOU ARE USING OR ACCESSING THE SITE AND/OR CREATING AN ACCOUNT ON THE TERMS AND CONDITIONS SET OUT BELOW. IN SUCH CASE, YOUR ACCESS OR USE OF THE SITE SHALL IMPLY THE EXPRESS AND UNRESERVED ACCEPTANCE OF THE TOS INCLUDING THE NOTICES BY SUCH ENTITY. EVENTS OVERSEAS CONSULTING Ltd MAY MODIFY THESE TERMS AND CONDITIONS AND THE NOTICES AT ANY TIME. IN THIS CASE, THESE MODIFICATIONS WILL BE THE SUBJECT OF A SPECIFIC MENTION ON THE SITE. IN THIS REGARD, YOU ACKNOWLEDGE AND ACCEPT THAT YOUR USE OF THE SITE, OR SIMPLY YOUR ACCESS TO IT AFTER THE DATE OF THE MODIFICATIONS, WILL IMPLY YOUR ACCEPTANCE OF THE CGU/CGV AND NOTICES AS MODIFIED.

DEFINITIONS

"EVENTS OVERSEAS CONSULTING Ltd" or the "site": the www.zoukjam.com website and all the services accessible on this site.
"Services": all services, functionalities and applications accessible on the site and provided by zoukjam.com . The services provided by zoukjam.net include all URLs including the ZOUK JAM brand (the "zoukjam.com Site"), zoukjam.com messaging services (including instant messaging, personal messaging and email services), zoukjam.com, zoukjam.com's mobile services and any other content, features or applications regularly offered by zoukjam.com that relate to zoukjam.com's business. "The Company" or "zoukjam.com": the company EVENTS OVERSEAS CONSULTING Ltd operating the www.zoukjam.com website on behalf of the Zouk Jam association.
"User": any user of the site, in any capacity whatsoever, whether occasional or regular, whether a registered member of the site, contributor, purchaser or simple visitor.
"zoukjam.com": professional networking platform enabling its Members to create unique personal profiles online in order to promote their work, present information on the history of our music and the players in our culture, as well as the online purchase of products related to the Caribbean musical universe (show and concert tickets, participation in festivals, online music sales in particular and all products related to the company's corporate purpose in general (artistic support, goodies, merchandising, services, etc.).
"Member": a user who has opened an online account.
"Account": each member's individual account, created when they register on the site.
"Content": content of any kind published or distributed on the site by the Company, by a user or by a third party, such as text, comments, information, images, video, sound, data or hypertext links.
"General Terms and Conditions": these general terms and conditions of use and sale of the site.
"Notices": elements that complete and form an integral part of the GTC/GTC, such as the Personal Data Charter or the Legal Notices.

Article 1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS

These terms and conditions define the conditions under which users and buyers can access and use the site and purchase products online.

The general terms and conditions apply to all users, whether visitors or members.

They may be supplemented, in particular for access to certain services, by special conditions.

Article 2 - ACCEPTANCE OF GENERAL CONDITIONS

You acknowledge that you are a natural person over the age of eighteen (18) or who has reached the age of majority in the country in which you reside or who has obtained authorisation from your legal representative (parent or guardian) if you are a minor, to access the Service.

You undertake to comply with the terms of the GCU/CGV and the Personal Data Charter.

Any use of "zoukjam.net" that does not comply with the GCU/GTC is prohibited.

By ticking the box "I accept the T&Cs/CGVs", you agree to all the rules set out below. If you do not agree with these provisions, please do not register for the Service.

ALL USE OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS.

YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST NOT USE THE SITE. ANY USE OF THE SITE IMPLIES UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS.

Article 3 - SITE ACCESS AND OPERATION

3.1 Access

As "zoukjam.com" is offered on the Internet, users, members, buyers and Visitors must have an Internet connection in order to access it. All telephone connection and Internet access costs are at their own expense. Zoukjam.com does not provide the user with any material means, in particular telephone installation, terminal equipment, software or subscription, to connect to the site.

Zoukjam.com only grants the User a limited, non-exclusive and non-transferable licence to access and use the Service and its content. This licence is subject to compliance with the rules set out in these GCU/GTC.

To access the Service, the user must create an account ("Account") on the home page of the website.

zoukjam.com is free at any time to interrupt or suspend access to all or part of the site or services, in particular for operational or maintenance reasons, to modify, suspend or delete the site and to terminate its publication on the Internet without users being entitled to claim any compensation whatsoever.

3.2 Site operation

Zoukjam.com does not guarantee that the site will operate continuously or without error.

Zoukjam.com cannot be held responsible for the unavailability, interruption or malfunctioning of the site, for any reason whatsoever and in particular in the event of the failure of its internet service provider, its host, intrusion by a third party or force majeure.

Zoukjam.com cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, such as the presence of computer viruses or spyware.

Article 4 - REGISTRATION AND ACCOUNT CREATION

4.1 Specifications

To create an Account, you must be a natural person, aged eighteen (18) or have reached the legal age in your country of residence or have obtained the agreement of your legal representative (parent or guardian) if you are a minor.

The Account is a user account made available to you by means of an Account name and a password.

The Account remains the property of the Company. You only have the right to access the Service via an Account made available to you.

To create an Account, you will need to enter the following information:

- Username, Email, Password, Sex, Last name, First name and Address. The e-mail address and password allow you to access the Service.

The Account must comply with at least the following rules:

personal information must be accurate, verifiable, complete and up-to-date a valid personal email address must be provided.

connections to the Account (times, country, Internet access provider, ban on proxies) must correspond to normal use of a User Account.

4.2 Creation rules

The Account name or login must comply with at least the following rules: Not to refer to a political orientation, ethnic group, community or religion Not to be vulgar or insulting Not to have sexual or even pornographic connotations Not to resemble or imitate a registered trademark Not to refer to a narcotic product or any other entity prohibited by law Not to resemble or imitate the names of characters created by one of the online authors Not to resemble or imitate the name of a member of the Company. It must not be spelt or alternately spelled in such a way as to circumvent the rules set out above, and you undertake to comply with the same rules when creating your pseudonym.

4.3 Safety

To guarantee the security of your Account and thus avoid Account theft, commonly known as "Account hacking", you undertake to: - Not to give access to your Account to a third party. Lending, sharing, exchanging, donating, buying, transferring or selling your Account is prohibited. Any loan, sharing, exchange, gift, purchase, transfer or sale of an Account will not be enforceable against the Company and may give rise to the sanctions provided for herein; - Take all measures to prevent a third party from accessing the Account that you have activated, even without your knowledge; - Not to use a third party's Account; - Not to divulge your identifiers, i.e. the account name (login) and password; - To use a personal email box and not to share this email; - To make it easy for the Company to contact you, for whatever reason, via your email address.

4.4 Liability

The security of your Account is your sole responsibility. Zoukjam.com cannot be held responsible for any damage to your Account or your computer resulting from the loss or sharing of your Account information. Zoukjam.com cannot be held responsible in any way for account theft or any alterations to your Account. You also acknowledge that you are presumed to be the user of your Account and responsible for actions taken via your Account and on your Account. You acknowledge that you, and not the Company, are responsible for all electronic communications and content sent from your means of connection to the site (computer, mobile, etc.) and that you must use the Service in compliance with applicable laws.

 

 

Article 5 - Intellectual property

5.1 Content developed by ZOUKJAM.COM

The presentation and each of the elements, including trademarks, logos and domain names, appearing on the Site are protected by French and international laws on copyright and intellectual property, and belong to zoukjam.com, its original authors or are subject to authorisation for use. You may not use these elements without the prior written authorisation of zoukjam.com. No part of the Site may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way whatsoever, on any medium whatsoever, in whole or in part, without the prior written authorisation of the company, with the exception of use strictly for press purposes and subject to compliance with intellectual property rights and any other property rights mentioned. Accordingly, you may not rent, sell, distribute or create derivative works based on the site or the site content without the prior written consent of the Company or its authors. All trademarks appearing on the Site or in the authors' spaces are registered trademarks and/or trademarks of zoukjam.com and/or its users. You may not use these trademarks without the prior written consent of zoukjam.com. You may not use any meta tags or any other "hidden text" utilizing zoukjam.com's names and trademarks without zoukjam.com's prior written consent. Other trademarks appearing on the Site that do not belong to zoukjam.com are the property of their respective owners. Any non-compliant use terminates the authorisation or licence granted by zoukjam.com. Any total or partial representation of the Site by any means whatsoever without the express authorisation of the company is prohibited and constitutes an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code. The company reserves the right to prosecute any act of infringement of its intellectual property rights. Copying for private use only is authorised for your personal, private and non-commercial use. The following notice must appear on any authorised copy of all or part of the content of the Site: "COPYRIGHT Zoukjam. - ALL RIGHTS RESERVED". Any authorised use of the elements making up or appearing on the Site must be made without distortion, modification or alteration in any way whatsoever.

5.2 Content developed by Members and users

The member undertakes, prior to registering his/her account, to make any necessary declarations and obtain any necessary authorisations under the conditions laid down by law. Members undertake to ensure that the content of their space and the content of the comments they provide comply with the laws and regulations in force in France and, where applicable, in the country from which they publish their content. In particular, the member and user undertake to ensure that no content can be described as paedophile (paedo-pornographic), failing which, should the company become aware of such content on the space it hosts, this content will be deleted immediately and in its entirety, and the member's or user's contact details will be forwarded to the competent authorities. It is reminded that only the member or user is responsible for the content they publish on the Internet and in their dedicated space, and zoukjam.com can in no way be held responsible for the content created by the member. The member or user undertakes to ensure that their content does not infringe the rights of third parties, and in particular: Illegal content - The content published by the member or user must not incite hatred, violence, anorexia, the manufacture and use of explosives, suicide, racism, anti-Semitism, xenophobia, homophobia, or glorify war crimes or crimes against humanity; - The content published by the member or user must not under any circumstances be of a paedophile or paedo-pornographic nature; - The content published by the member or user must not incite to commit a crime, an offence or an act of terrorism or encourage suicide; - The content published by the member or user must not incite discrimination against a person or a group of persons on the grounds of their ethnicity, religion, race, sexual orientation or disability. As part of its obligations to monitor manifestly illegal content, set out in the law of 21 January 2004 on confidence in the digital economy, zoukjam.com may be required to consult a copy of messages sent to the publisher of a content via the contact form available online. Litigious content The member or user undertakes to read the rules and limits relating to freedom of expression before any publication. Freedom of expression authorises criticism and the reporting of verified and proven information, but does not authorise denigration or defamation. Any denigration, defamation or allegation of information that is inaccurate or deliberately truncated to change its meaning may result in legal action being taken against its author. - The content published by the user must not infringe or be contrary to public order, morality or be likely to offend the sensibilities of minors; - The content published by the user must not be pornographic in nature; - The content published by the user must not infringe the rights to reputation, privacy of third parties or image; - The content published by the user must not be, in the strict sense of the law, denigrating or defamatory. - The content published by the user must not damage the image or reputation of a brand or any other natural or legal person; Freedom of expression authorises criticism as long as it is objective, well-founded and based on real facts. - The content published by the user must not undermine the security or integrity of any State or territory whatsoever; - The content published by the user must not enable third parties to obtain pirated software, software serial numbers or any software that may harm or undermine, in any way whatsoever, the rights or property of third parties; - The content published by the user must not undermine the intellectual property rights of any natural or legal person whatsoever.

5.3 Use by ZOUKJAM of content published by members

If the member is registered and has an account through which he/she uploads texts, images, sounds, videos, comments and his/her pseudonym, zoukjam.net does not acquire any ownership rights to this content. As soon as the member makes his/her content available to other users (individually or in groups), he/she declares that he/she accepts that these users have the right, free of charge and for exclusively personal use, to view and share his/her content on the Site or from the Site, on other electronic communication media (in particular, mobile telephones) for the entire duration of the hosting of his/her content on the Site. If the member wishes to use the content of another user for any other purpose, in particular for commercial purposes, it is the member's responsibility to obtain the necessary authorisations from that user beforehand. In addition, for the duration of the hosting of their content and within the strict framework of the functionalities enabling the Site to be made accessible via the Internet or other electronic communications media, they authorise zoukjam.com to reproduce/represent their content and, where necessary, to adapt the format thereof for this purpose. The member is furthermore informed that, given the intrinsic characteristics of the Internet, data transmitted, in particular its content, is not protected against the risks of misappropriation and/or piracy, for which zoukjam.com cannot be held responsible. It is the responsibility of the user member, where applicable, to take all appropriate measures to protect this data.

5.4 Intellectual property of other users' content

Other Users of the Site may put content online in accordance with the GCU/CGV and other Notices. The User Member undertakes not to access Other Users' content for any reason other than personal non-commercial use, as provided for and authorised by the Site's normal functionalities and solely for Streaming purposes.

 

Article 6 - TRADE - ADVERTISING

The zoukjam.com Services are intended for the personal use of Members; any use for direct commercial purposes will only be possible if expressly authorized by zoukjam.com . zoukjam.com reserves the right to remove any commercial content at its sole discretion. Illegal and/or unauthorized use of the zoukjam.com Services, including the collection of Members' usernames, user identification numbers and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized linking or framing to the zoukjam.com Services, or the use of third-party promotional sites or software to promote profiles for profit, is prohibited. Commercial advertisements, affiliate links and any other form of unauthorised data collection or solicitation may be removed from Member profiles without notice or explanation and may lead to cancellation of Membership. In the event of illegal or unauthorised use of zoukjam.com Services, zoukjam.com reserves the right to take any appropriate legal action, including reporting the offence to the judicial and law enforcement authorities. The User undertakes not to enter into any agreement whatsoever with an advertising agency that is not affiliated with or a partner of zoukjam.com; the User undertakes not to place any material of an advertising nature (in particular but not limited to: text, image, video, link) emanating from/provided by an advertising agency that is not affiliated with or a partner of the company. The user declares that he/she is aware that any advertising material supplied by an external advertising agency that is not affiliated to or a partner of the Company, as well as any advertising that is considered abusive by the Company, may be removed or replaced by the Company as soon as it is made aware of its existence.

 

Article 7 - LIABILITY

7.1 Responsibility of users and members

By providing their content on the Site (whether text, images, sound, videos, comments made by the user or their pseudonym), users are required to comply with the legal and regulatory provisions in force. Consequently, it is the user's responsibility to ensure that the storage, publication and dissemination of this content via the Site do not constitute (i) an infringement of the intellectual property rights of third parties (in particular, clips, television programmes, short, medium and/or feature-length films, animated or otherwise, advertisements, which the user has not produced personally or for which he/she does not have the necessary authorisations from third parties or collective management companies that hold the rights to them), (ii) an attack on individuals (in particular defamation, insults, etc.) and respect for private life (in particular, the right to privacy).) and respect for privacy, (iii) a breach of public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). By placing their content online and making it available to Other Users on and/or via the Site, the user member guarantees that they hold all the necessary rights and authorisations from the rights holders concerned and that they have paid all the rights and payments due to the collective management societies under the present terms. Failing this, the user member's content will be withdrawn under the conditions set out in article 11 and/or their account will be deactivated without any prior formality. In addition, the user member will be personally liable to the criminal penalties specific to the content in question (imprisonment and fine), in addition to any order to pay damages. Given the community nature of the Site and out of respect for everyone's sensibilities, it is the user's responsibility to maintain a certain level of ethics with regard to the texts, images, sounds, videos and/or comments posted online and, in particular, to refrain from disseminating any content of a violent or pornographic nature. For all intents and purposes, zoukjam.com has set up an "abuse alert" link on its site enabling other users to report any abuse.

7.2 Responsibility for hosting ZOUKJAM.COM

zoukjam.com is not legally bound by any general obligation to monitor the content transmitted or stored via the Site. The only obligations inherent in zoukjam.com's capacity as host concern (i) the fight against certain content in accordance with the procedure described under the heading "Report content", (ii) the storage of your connection data, which is otherwise covered by professional secrecy and processed in accordance with the legal provisions relating to Personal Data, and (iii) the removal of any content that is manifestly illegal, as soon as we become aware of it.

7.3 Limitation of liability

under no circumstances shall zoukjam.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT RESULTING FROM THE USE BY MEMBERS/USERS OF THE zoukjam.net OR AFFILIATE SERVICES, EVEN IF zoukjam.com HAS KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY PROVISION TO the contrary herein, zoukjam.com'S LIABILITY TO MEMBERS/USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY MEMBERS/USERS TO zoukjam.net FOR THE zoukjam.com SERVICES DURING THE MEMBERSHIP TERM.

 

 

Article 8 - PRIVACY AND PERSONAL DATA

In order to benefit from the Site's functionalities, the user must create an account using the online form provided for this purpose. Users are free at any time to modify the content of the Personal Data communicated on this occasion in accordance with the procedures set out in the PERSONAL DATA CHARTER. Furthermore, as a contributor to the Site, it is his or her responsibility to ensure that the personal data enabling him or her to be identified is accurate and complete. As soon as the form has been validated, he/she will receive an e-mail inviting him/her to click on a link to confirm his/her registration. Access to their account may be gained by entering their user name and associated password, which they alone will keep confidential. Use of the Site following registration is valid for an indefinite period. zoukjam.net reserves the right to terminate this agreement at any time, by e-mail, subject to reasonable notice. In the event of non-compliance with the obligations inherent in the aforementioned liability, access to the user's personal space may be suspended immediately and without notice, either temporarily or permanently, by deactivating the user's account, without prejudice to zoukjam.net's other rights.

 

Article 9 - EXCLUSION OF GUARANTEES

zoukjam.com is not responsible for and makes no warranties, express or implied, regarding the content posted by Users or the accuracy or reliability of the content posted by Users on, through, or in connection with the zoukjam.com Services or the Affiliated Services, by Users of the zoukjam.com Services or the Affiliated Services, and such content posted by Users does not necessarily reflect the opinions or policies of zoukjam.net. Furthermore, zoukjam.com shall not be liable for any damage, injury or loss caused by Users of the zoukjam.com Services or originating from the equipment or associated programming used in the zoukjam.com Services or Affiliated Services. Profiles and related Services created and published by Members on, through or in connection with the zoukjam.com Services may contain links to other websites or services. zoukjam.com is not responsible for the content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily reviewed, monitored or checked for accuracy or completeness by zoukjam.com . The inclusion of any link to a website or service on the zoukjam.net Services does not imply endorsement or approval by zoukjam.com of the linked site or service. When you access third-party sites and services, you do so at your own risk. zoukjam.com is not responsible for third-party advertisements or Affiliated Services that are published on, through, or in connection with the zoukjam.com Services or Affiliated Services, or for any goods or services provided by such third parties. zoukjam.com shall not be liable for the conduct, whether online or offline, of any User of the zoukjam.com Services or Affiliated Services. zoukjam.com shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User's or Member's communications. zoukjam.net shall not be liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players on account of technical problems or traffic congestion on the Internet or on any zoukjam.com Services or Linked Services or any combination thereof, including but not limited to any injury or damage to Users or damage to any person's computer related to or resulting from participating or downloading content in connection with the zoukjam.com Services or Linked Services. In no event will zoukjam.com be liable for any loss or damage including, without limitation, personal injury and death, resulting from use of the zoukjam.com Services, participation in zoukjam.net, any Content posted by a User on or through the zoukjam.com Services or Linked Services, or the conduct of any User of the zoukjam.com Services or Linked Services, whether online or offline. The zoukjam.com Services and the Affiliated Services are provided "AS IS" and as available, and zoukjam.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. zoukjam.com cannot guarantee and does not promise any specific results from the use of the zoukjam.com Services or the Affiliated Services.

 

Article 10 - PROVISIONS RELATING TO ONLINE SALES

10.1 Nature of the products sold on the ZOUKJAM.COM website

The products for sale on the site are: 1°) event tickets put online on behalf of event organisers after they have validated their professional contracts when they register by providing zoukjam.com with the producer's details (name of the organisation, address, telephone, email, name of the person in charge, payment reference); 2°) merchandising put up for sale by artists, event organisers and bloggers. In this case, zoukjam.com only acts as a payment intermediary. The products are delivered directly by the artists, event organisers and bloggers to the customers. 3°) zoukjam.com merchandising sold directly by zoukjam.com. 4) Artistic support services for its members, in which case zoukjam.com only acts as a payment intermediary. The products are delivered directly by the service providers to the customers.

10.2 Providing contact details

The purchase of products on the zoukjam.com website requires the User to provide full contact details as well as any information required to process the order. At the end of the ordering process, the User must tick the box "I accept the GTC/CGV" and validate. zoukjam.com recommends that its Users keep a digital or printed copy of the order placed. zoukjam.com reserves the right to cancel any order from a User with whom there is a dispute concerning payment of a previous order.

10.3 Availability of products sold online

zoukjam.com undertakes to honour services and product orders placed by Users only within the limits of available stocks. If a service or product is not available, zoukjam.com undertakes to inform the User as soon as possible by any means it deems appropriate.

10.4 Prices and payment terms

Member users may purchase services and products provided by zoukjam.com by credit card under secure payment. The cards accepted for payment of an order are those of the CARTE BLEUE / VISA and EUROCARD / MASTERCARD networks. Cards issued by banks domiciled outside Europe must be international bank cards. In the event of payment by credit card, the amount of the order is debited immediately. During the payment transaction, user members are automatically connected to the server of the payment processing centre. Bank details, which are protected by encryption, do not pass through zoukjam.com's systems and are therefore not stored. Unless otherwise stated, prices are quoted in euros and include all taxes. They do not take into account exchange rates or any charges related to a particular method of payment. zoukjam.com may modify its prices at any time. Member-users acknowledge that all payments they make on www.zoukjam.com, for themselves or for any person they represent, are made with the authorisation of the holder of the means of payment used. zoukjam.com offers various means of payment, some of which are managed by companies outside the relationship between zoukjam.com and users, notably via their order forms. zoukjam.com cannot be held liable in the event of a problem. Member users acknowledge and accept that zoukjam.com is in no way responsible for payments made fraudulently on www.zoukjam.com , regardless of the payment method used. If User Members are found to have made a fraudulent payment, i.e. without the consent of the holder of the means of payment, zoukjam.com reserves the right to permanently ban the Account of the User Members concerned and to take legal action against them. Similarly, if they have communicated their account names to a third party who will make a fraudulent payment, zoukjam.com may take the same action against them.

10.5 Product and service guarantees

Guarantees relating to services Insofar as zoukjam.com provides the services of intermediaries between Users and artists or producers, no other express or tacit guarantee can be granted by zoukjam.com . The information provided by zoukjam.com is based on information provided by artists or producers. The latter are therefore given access to an extranet, through which they are entirely responsible for updating their availability, rates and other information displayed on zoukjam.com . In particular, zoukjam.com cannot under any circumstances be held responsible for failures resulting from the transmission of erroneous or inaccurate information or from the faulty or fraudulent performance of services by third parties. Guarantees relating to products offered for sale directly by zoukjam.com (Merchandising, etc.) The User is informed on zoukjam.com of the essential characteristics of the products. Products are subject to quality control in order to correspond to the description provided online. In the event of a hidden defect or non-execution, the service or product will be replaced or reimbursed within 1 month of the complaint at no cost to the User purchasing the product.

10.6 Returns

The buyer has the right of withdrawal of seven (7) days provided by law to return to zoukjam.com items without having to justify the reason. The items must however remain in their original packaging without having been opened. In the event of delivery of an item that does not comply with the User's order, the User must contact zoukjam.com by e-mail at (support@zoukjam.com). In the event of delivery of an item damaged during transport, the buyer must contact the post office in his/her country. zoukjam.com does not reimburse items damaged by the carrier.

10.7 Provisions relating to the sale of tickets for shows

The prices of tickets for shows are given in euros, inclusive of all taxes, and include rental costs but exclude the handling and delivery charges indicated below. For certain shows, at the request of the organisers, customers will receive ticket stubs instead of tickets: in this case, tickets must be collected, in exchange for ticket stubs, at the entrance to the venue, 30 minutes before the start of the show. Tickets are valid until 01h before the end of the event. Unless otherwise stated, the total number of reserved seats per person may not exceed 20 (twenty) tickets per order. All orders, regardless of their origin, are payable in euros only. Tickets for shows may not be reimbursed, even in the event of loss or theft, nor may they be taken back or exchanged, except in the event of cancellation of a show and a decision by the organiser to reimburse the tickets. A ticket may not be resold at a price higher than its face value. zoukjam.net reserves the right to modify its prices at any time, but products will be invoiced on the basis of the rates in force at the time orders are registered. Obtaining tickets: zoukjam.com favours easy downloading. Tickets are sent by email and must be printed by the customer. However, when the order is placed, the purchaser may be offered the option of collecting the tickets in-store. Once the order has been completed, the purchaser may go to one of the collection points mentioned on the site, with their booking number, proof of identity and the bank card used to pay for their order. If, when booking on the retailer's website, only in-store collection is offered, the purchaser may under no circumstances collect the tickets from the venue. Cancellation and refund Before going to the show, the customer is required to contact zoukjam.com's customer service department at support@ zoukjam.com from Monday to Friday from 09:00 to 18:30 and on Saturday from 09:00 to 18:00, to ensure that the session they are due to attend is still on. If the event is cancelled, only the ticket price will be refunded. In the event of postponement, any refund of the ticket price will be subject to the conditions of the event organiser. In all cases (cancellation or postponement) no costs of any kind whatsoever will be refunded or compensated. Only the customer who placed the order and entered into the ticket purchase contract with zoukjam.com and whose name appears on the ticket will be reimbursed. A ticket for a show cannot be taken back or exchanged, except in the event of cancellation of a show and a decision by the organiser to reimburse the tickets. In the event of cancellation of the show by the organiser, please return your tickets to: zoukjam.com - SERVICE ANNULATION rue des artistes 97139 Les Abymes. We advise you to return them by recorded delivery in order to keep a record of what you have sent. Please note that only the organisers are responsible for refunding tickets in the event of cancellation at their initiative. zoukjam.com is only an intermediary in the transaction. Liability In accordance with law no. 2004-575 of 21 June 2004, article L 121-20-3 of the French Consumer Code, zoukjam.com is automatically liable to the consumer for the proper performance of the obligations arising from the distance contract. Each show organiser sets the rules and regulations specific to the organisation of its show, which are fully applicable to customers. These regulations are communicated to customers by the organisers.

 

Article 11 - DURATION

These Terms and Conditions, and any published modifications thereof, shall remain in effect for as long as the User uses zoukjam.com Services or is a Member. They may terminate their Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. In addition, zoukjam.com reserves the right, at its sole discretion, to reject, refuse to publish or remove any of the Member/User's postings (including, without limitation, private messages, e-mails and instant messages (collectively, "Messages")) or to refuse, limit, suspend or terminate the Member/User's access to all or any part of the zoukjam.com Services at any time, for any reason, with or without prior notice or explanation, and without incurring any liability in connection therewith. In addition, zoukjam.com reserves the right to reassign or rename the URL of the member/user profile. zoukjam.com expressly reserves the right to withdraw this profile and/or to refuse, limit, suspend or interrupt access to all or part of the zoukjam.com Services if zoukjam.com considers, in its sole discretion, that the Member/User has breached these Terms and Conditions or represents a threat to zoukjam.com, its employees, business partners, Users and/or the public. In the event of termination of Membership, these General Terms and Conditions shall remain in force.

 

Article 12 - PENALTIES

In the event of a breach of one or more of the provisions of these T&C or any other document drawn up by zoukjam.net, zoukjam.net reserves the right to terminate or restrict, without prior warning and at its sole discretion, your use of and access to the Service, the Member's Account and all other Company sites. Sanctions will depend on the seriousness of the violation. They may consist of, but are not limited to, the following actions: - Warning: The warning has no direct consequence on the Account. The member may continue to use the service unchanged. The main purpose of the warning is to alert the member to the fact that he or she may be subject to more severe penalties if he or she continues to break zoukjam.com's rules. - 3-day suspension: A three-day suspension is generally used in the event of a first notable breach of zoukjam.net rules. This is the first level in the scale of Account suspensions. - Permanent suspension: The Account is permanently closed and the member/user can no longer access it. This sanction is generally applied in cases of repeated offences or serious or unforgivable breaches of zoukjam.com's rules. zoukjam.com reserves the right to apply any sanction to an Account, taking into account the seriousness of the violation, without necessarily giving prior notice or applying a sanction of lesser duration. The member/user accepts that these sanctions are final and that you may not, under any circumstances, contest the decisions taken by zoukjam.com. In addition to the sanctions described above, zoukjam.com may take the appropriate sanctions, including civil and criminal proceedings against the offender. Unless otherwise stated in these GTC/CGV or agreed by zoukjam.com on an exceptional basis, no refund will be made if the Account is cancelled before the end of the subscription period.

 

Article 13 - MODIFICATION OF GENERAL TERMS AND CONDITIONS - SPECIAL TERMS AND CONDITIONS

13.1 Modifications

zoukjam.com reserves the right to modify the general terms and conditions at any time. Each modification will take effect as soon as it is posted on the site. zoukjam.com undertakes to inform members in advance by e-mail or by posting on the site. In the event of refusal of the modification, the user must no longer use the site or the services concerned by the modification and his/her account may be deleted without him/her being able to claim any compensation whatsoever. Any use of the site after the modification has been posted online constitutes acceptance of said modification.

13.2 Services

Each service may be subject to specific conditions. zoukjam.com is free to add and remove services from the site and/or to modify their characteristics, conditions of use and other specific conditions. Members will be informed of such changes by e-mail or by posting on the site. In the course of using the site or through it, the user may be led to use services or access content provided by third parties. zoukjam.net declines all responsibility for said services and content, to which it has no connection, the third party providing the service or content being solely responsible to the user. zoukjam.com may not under any circumstances be held responsible for any damage arising from exchanges made outside the site, even between members.

Article 14 - APPLICABLE LAW - JURISDICTION

These General Terms and Conditions are governed by French law and language. In the event of disputes or claims arising from the user, the Company or a third party, relating to the use of the service, only the version of these GCU/CGV accessible on the Site www. zoukjam.com will be binding between the parties, regardless of the date of the facts in dispute. In the absence of an amicable solution, any dispute that may arise between the parties concerning the formation, performance, interpretation or termination/resolution of the Contract will fall within the exclusive jurisdiction of the competent courts of Paris, including in the event of summary proceedings, applications or multiple defendants.