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Organizers Terms of Service - OTOS

Preamble - OTOS

Doctorama is made up of a website and a platform for event management administered by Smile Networks.

By creating an account as an event Organizer or an intermediary for the organization of an event, hereinafter referred to as "Organizer" on Doctorama.com, hereinafter referred to as "Doctorama", you acknowledge and accept the Doctorama terms and conditions of service hereinafter referred to as "TOS" and in particular the Doctorama Terms of Service Organizers hereinafter referred to as "OTOS".

Doctorama provides event management solutions on internet and makes these solutions available for Doctorama users on the main site, sub-domains and aliases hereinafter referred to as "Doctorama websites".

The OTOS establish the contractual relationship between the Organizer and Doctorama, regardless of the site via which the Organizer has registered.
The offer is open only to adults or legal persons.

Doctorama offers an internet solution for organizing and managing conferences, conventions, training courses, seminars, meetings or other events, attendance-based or not, hereinafter referred to as "Events" and relevant to the health domain.
Doctorama provides global events management enabling the promotion and commercialization of the event, online registration and participant management via the Doctorama websites. Participation fees or attendee fees and additional or supplementary services hereinafter referred to as "Participations" are sold to customers, hereinafter referred to as "Participants "on the Doctorama websites.

Doctorama acts as a transparent intermediary on behalf and in the name of the organizer of the event and manages the relevant invoicing.

1. Object of the contract

The purpose of this contract is to define the terms and conditions under which the organization mandates Doctorama to distribute its events. This contract of mandate, referred to as "transparent", is governed by Article 1984 of the Civil Code.

Contract conditions
1.1. The agency agreement between the Organizer and Doctorama is referred to as "transparent"
1.2. The risk of poor sales are borne solely by the Organizer
1.3. Doctorama’s remuneration is set by contract;
1.4. Doctorama delivers a report listing transactions carried out;
1.5. The Attendee registration receipt certifies the contract between the Attendee and the Organizer. Organizer details are visible on the various documents issued to the Attendee. Attendee details shall be submitted to the Organizer.

2. Relations between the contractors

2.1. The Organizer empowers Doctorama to edit, commercialize and sell admissions to its events for and on behalf of the Organizer.

2.2. On paying for registration in the event, the Attendee enters into a contract with the Organizer. The Organizer is solely responsible for the regulation and execution of contracts concluded with the Attendees. Doctorama is not responsible for the breach of obligations under the contract between the Organizer and the Attendee.

2.3. Therefore, Doctorama is merely an intermediary between the Attendee and the Organizer; its role is referred to as "transparent".

2.4. The event is entirely subject to the guidelines of the Organizer. Doctorama is a simple intermediary and has no decision or responsibility in the event.

2.5. The Organizer must ensure that Attendees are informed of their possible right to query or make a claim.

2.6. The Organizer must ensure that Attendees are informed of the specific terms of cancellation which define the cancellation process.

2.7. In case of cancellation of the event, the Attendee will be refunded immediately by the Organizer through Doctorama according to current pricing.

2.8. Fiscally, Doctorama is a simple intermediary between the Organizer and the Attendee. The Organizer assumes full responsibility for any taxes applicable.

2.9. Remuneration of Doctorama depends entirely on the number of Attendee places sold (percent of revenue). It is paid by the Organizer.

2.10. Doctorama remuneration is fixed by agreement according to the price lists posted on the Doctorama websites.
2.11. Tax obligations of the Organizer :
a) He receives the total amount for sales made on the Doctorama sites.
b) He agrees to indicate the VAT rate applicable on sales pertaining to his event.
c) He will declare the total sales at the applicable VAT rate for said event and will pay the relevant tax.
d) He will take full responsibility for invoicing and applying the relevant VAT rate and/or taxes.
e) He is only liable for VAT and other taxes relating to transactions concerning the events.
f) He will report any change in the legal notice concerning identification.

Other than the VAT to be paid by Doctorama on its own remuneration, the Organizer will undertake the payment of all other taxes or rights applicable to his events and relieves Doctorama of any such payment.

The Organizer will verify the basis for the calculation of the VAT by including any refunds or adjustments.

2.12. Doctorama :
- a). Services will be billed by Doctorama to the Organizer at the VAT rate of 19,6 %;
- b). Doctorama is not liable for the payment of VAT. VAT payment remains the sole responsibility of the Organizer.

3. Contract conditions

Doctorama provides the Organizer with the opportunity of creating specific pages for his event ("Mini-event sites") and creating a registration form with online payment. Attendees can register directly through the Mini-event site or any website linking to the event online registration form.

In the present Terms of Service, the Organizer appoints and authorizes Doctorama for the duration of the Contract, to manage marketing, communication, promotion of the organized event, planned or presented otherwise by the Organizer on the Doctorama websites, to support the sale of Attendee places on the websites and transfers of money from the banks or financial intermediaries of the Attendees, and the management and sending of invoices to the Attendees.

3.1. Doctorama provides the Organizer with an online platform for the management of events with secure access by unique identification and password to the Doctorama sites. This platform will allow the Organizer to configure all his events independently. It is also possible for the Organizer to consult the sales status in real time.

3.2. The configuration of each event will automatically mandate Doctorama to sell Attendee places on behalf and in the name of the Organizer.

3.3. In each configuration, the Organizer will define the dates, times, location, program, availabilities, sales prices and all relevant information on the event.

3.4. If the Organizer so wishes, the configuration settings can be carried out by Doctorama as an additional fee-paying service. In this case, the Organizer will give written specifications for the configuration of the event. Doctorama allows itself 3 working days to post the information after receipt thereof and payment has been made. This arrangement will automatically mandate Doctorama to act on behalf and in the name of the Organizer.

3.5. Doctorama as a distributor is not subject to any guarantee for the sale of Attendee places.

3.6. The Organizer shall assume the risk of unsold places or financial losses.

3.7. The Organiser undertakes to accept registrations made on the Doctorama websites and ensure availability to the Attendee.

3.8. Services provided by the Organizer must match the services announced.

3.9. The Organizer undertakes to provide all documents attesting to the veracity of the event without delay.

3.10. The Organizer undertakes to accept as valid all Attendee registration documents edited by Doctorama (invoices, vouchers, receipts). The Organizer agrees to exchange vouchers or receipts for any other means of access to the event (badges, documents) or to provide such means on the presentation of an invoice issued by Doctorama.

3.11. The Organizer accepts payment in euros

3.12. The Organizer shall not offer a lower price for the event on other distribution channels or on its own website. Equal pricing is permitted.

3.13. The Organizer is able to view and download reports regarding revenues and participants.

3.14. The Organizer agrees to delegate the management and collection of attendee registration payment by Doctorama.

3.15. In the event of a cancellation, the Organizer will accept the cancellation of the ticket sold.

3.16. During periods of Doctorama Organizer account inactivity, personalized URLs may be no longer be attributed to the person having created them and the addresses may be exploited by other Users.

3.17. Non-referencing is only applicable to those sites where the Organizer has ticked the "private event" box when creating the event.

3.18. Doctorama issues Attendee invoices which can be consulted online. In the case of events subject to VAT, Doctorama currently applies one VAT rate only.
Participants, persons or entities financially requiring an invoice showing VAT should make their request by email and imperatively provide their VAT Reg. N°.

4. Payment of Doctorama Services

Doctorama Services are always invoiced to the Organizer. The Organizer authorizes an eventual management fee to be invoiced to the Participants. Doctorama fees are applicable as soon as the Participant registers for the event.

4.1. The organizer determines prices for his Event personally.
Rates are in euros with tax included if VAT is applicable.

4.2. Doctorama receives remuneration ("Doctorama fee or commission") corresponding to Participant invoicing as well as for the use of the Doctorama internet sites, according to the pricing terms and conditions.

4.3. Doctorama receives remuneration ("Doctorama fee or commission") according to the prices published on the Doctorama websites for each paid registration recorded on the Doctorama websites.

4.4. In the case of Attendee cancellation outside the statutory period of retraction, Doctorama retains a cancellation fee in accordance with the pricing terms and conditions.

4.5. In the case of Attendee cancellation during the statutory period of retraction of 7 days, Doctorama refunds the Attendee directly without retaining a cancellation fee.

4.6. If an event should not take place, the remuneration of Doctorama for each registration sold should be maintained according to the pricing terms and conditions.

4.7. Renumeration for additional services performed by Doctorama will be made according to the pricing terms and conditions.

4.8. All the above remuneration shall be increased by the applicable VAT rate (currently 19,6 %).

5. Account settlement and financial terms

5.1. The Attendee has the option of paying by credit card, check or wire transfer.
Doctorama handles the accounting of the registration sales carried out on the Doctorama internet sites in a specific bank account. The Organizer authorizes Doctorama to carry out these procedures.

5.2. Doctorama wires the monies collected after deducting the amount due to Doctorama. This settlement takes place around the 15th of the month following receipt of Participant payment. Payment of the amounts to be transferred is made into the account stipulated by the Organizer in the billing information in his Doctorama account.
Deferred payout may occur depending on the registration dates and payment methods.

5.3. The Organizer is aware that Attendees may request a refund. If refunds are made after payment of the revenue to the Organizer, the Organizer will refund the participant directly. In the case of the refund being carried out by Doctorama, fees and commission will be applied according to the pricing terms and conditions. The Organizer is financially responsible for refunding according to the legal regulations and the cancellation policy published in the Mini-event.

5.4. Any Organizer queries or complaints in relation to the settlement of monies collected by Doctorama should be carried out within two weeks of the wire transfer or sales report. Otherwise, the payment will be considered valid. The final sales report settles and closes the event accounting and occurs in the month following the end of the event.

6. Modification - Cancellation

If an event is canceled or modified even if participants are already registered, the Organizer will immediately inform Doctorama and Participants already registered of modifications made such as change of date, times locations...

6.1. If an event is canceled or the « Attendees » cancel due to a major modification of the event, the Organizer may authorize Doctorama to refund Attendees on behalf and in the name of the Organizer. In the event of the monies having already been transferred to the Organizer, the Organizer will refund the corresponding sums to Doctorama.

6.2. In the case of refunds being carried out by Doctorama, the Organizer is obliged to pay a fee or commission to Doctorama for each Participant as indicated in the financial terms and conditions published on the Doctorama internet websites. Refunds will be made within six months of the original due date for the Event - Doctorama will emit an invoice detailing the sums due to Doctorama in accordance with the financial terms and conditions.

6.3. Doctorama is committed on behalf and in the name of the Organizer to refund bookings purchased on the Doctorama websites if :

6.3.1. Doctorama is legally obliged to do so.

6.3.2. The rate of refunds on bookings paid by credit card or direct debit for this event is above the average, or in any case greater than or equal to 2%.

6.3.3. Organizer wishes or authorizes Doctorama to do so.

7. Protection against fraud and abuse

If an event is canceled or modified even if participants are already registered, the Organizer will immediately inform Doctorama and Participants already registered of modifications made such as change of date, times locations...

7.1. If an event is canceled or the « Attendees » cancel due to a major modification of the event, the Organizer may authorize Doctorama to refund Attendees on behalf and in the name of the Organizer. In the event of the monies having already been transferred to the Organizer, the Organizer will refund the corresponding sums to Doctorama.

7.2. In the case of refunds being carried out by Doctorama, the Organizer is obliged to pay a fee or commission to Doctorama for each Participant as indicated in the financial terms and conditions published on the Doctorama internet websites. Refunds will be made within six months of the original due date for the Event - Doctorama will emit an invoice detailing the sums due to Doctorama in accordance with the financial terms and conditions.

7.3. Doctorama is committed on behalf and in the name of the Organizer to refund bookings purchased on the Doctorama websites if :
7.3.1. Doctorama is legally obliged to do so;

7.3.2. The rate of refunds on bookings paid by credit card or direct debit for this event is above the average, or in any case greater than or equal to 2%.

7.3.3. Organizer wishes or authorizes Doctorama to do so.

7.4. Doctorama reserves the right to request all official documents certifying the validity of information provided and the identity of persons or legal persons using the Doctorama registration process and online payment.

7.5. Doctorama reserves the right to defer the transfer of monies in order to carry out verification.

8. Responsibilities

8.1. The limitation period for any claims or defaults is one year.

8.2. Doctorama, acting merely as a transparent intermediary, the Organizer shall bear exclusive responsibility for the content of his mini-event sites and events in relation to « Attendees » or third parties or legal persons. Any dispute must be settled directly between the Organizer and the Participant.

8.3. The Organizer exempts Doctorama in advance from any responsibility for the violation of any rights or breach of one or more of its obligations as an Organizer.

8.4. The Organizer shall bear exclusive responsibility for any violation of the rights of any third party or legal entity caused by the Organizer’s use of the Doctorama services. The Organizer shall bear the costs for damages caused by the violation of said rights, including the cost of any legal proceedings.

8.5. The right to use the facilities provided by Doctorama will be removed without notice to the Organizer and at the Organizer’s expense if the content included by the Organizer violates the rights of third parties or does not comply with the terms and conditions of use stipulated by Doctorama or in accordance with current legislation.

9. Commitments of the Organizer

9.1. The Organizer certifies that all data provided via the Doctorama websites is accurate. The Organizer further certifies that he is legally of age at the time of registration. In the case of the Organizer being a corporation or legal entity, its representative certifies having the necessary authority for the right to act on behalf of the Organizer. The Organizer undertakes to provide the supporting documents relating to this article, on request by Doctorama.

9.2. During registration, the Organizer chooses a personal, confidential login code which must be kept secret. Each organization has the right to register once only and use only one user profile.

9.3. The Organizer is solely responsible for the management of his account in case of multiple or successive users from the Organization.

9.3.1. In the case of an Organizer with many events on Doctorama, each event can be managed by a different person. The Organizer undertakes not to create a separate account for each event. The Organizer account shall include all events and each event will have its own Mini-site featuring specific contact information.

9.3.2. The Organizer shall be responsible for the confidentiality of the codes and passwords allowing access to his account. If a person managing an Organizer event is replaced, it is the Organizer’s responsibility to ensure that the necessary access information is transferred and, if necessary, modified.

9.4. The Organizer certifies that :

9.4.1. No other specific agreement or terms exist between the Organizer and the event venue or any other person or legal entity which would prevent or limit the Organizer’s use of the Doctorama services.

9.4.2. He is legally able to enter into a contract with Doctorama and is authorized to publish the sale of "Attendee Participation" in his event.

9.4.3. He has the right to host the events offered on the Doctorama websites and to market them. The Organizer undertakes to provide any documents proving the existence of the information published on the request of Doctorama.

10. Duties of the Organizer

10.1. The Organizer undertakes to be aware of any unavailability or defective feature of the Doctorama websites.

10.2. Through the use of the Doctorama services, the Organizer undertakes to abide by French law and to respect the legal rights of third persons or legal entities. The Organizer is particularly liable for any non-respect of laws pertaining to competition, personal privacy and consumer or intellectual property. The Organizer will pay compensation to Doctorama in the event of any illegal use of the Doctorama services.

10.3. The Organizer is obliged to notify Doctorama immediately of any modification of its name or corporate name, the location of the headquarters of his company or his billing address, the legal status of the business or bank details. This announcement must be made by letter or by e-mail with return confirmation of receipt by Doctorama.

10.4. The Organizer is not authorized to use the Doctorama services for illegal events.

11. Validity period


11.1. The Organizer does not comply with the TOS or OTOS.

11.2. The Organizer is in receivership or is under administrative liquidation.

11.3. The Organizer is unable to fulfill its contractual obligations to Doctorama or third parties due to faulty assets - and if the Organizer has not provided justification of sufficient assets within 30 days of the request made by Doctorama.

11.4. The Organizer does not conform to these terms.

12. Marketing

12.1. If Doctorama commercializes the events via a partner network, the contract between the Organizer and Doctorama provides that Doctorama will undertake the suitable compensation of third parties and the transfer of data relating to the payment of commission. Any personal information of Attendees will remain confidential.

12.2. The Organizer authorizes Doctorama to publish a newsletter or use any form of marketing to promote its events.

13. Provisions

13.1. Doctorama reserves the right to modifiy these OTOS at any time without justification unless the modification is judged intolerable by the User. Doctorama will inform the User of the modification of the OTOS within a sufficient amount of time. If the user does not contradict the modification within the two weeks following the changes, they become valid. Doctorama will notify the User of his right of contradiction and of the opposition period.

13.2. Any contradictory terms of use do not apply.

13.4. The Organizer may contact Doctorama at any time by e-mail, letter, or using the contact forms available on the Doctorama websites. Doctorama will respond to the Organizer through the e-mail address of the User account.

13.5. The invalidity of one of the OTOS does not lead to the invalidity of all the rules of the OTOS. The contracting parties allow themselves to replace an ineffective clause by a valid clause if it has the same objectives as the original. This also applies to the corresponding contractual weaknesses.

13.6. The responsibility of Doctorama is limited to the amount paid by the Organizer for the event. In the case of dispute, exclusive jurisdiction is attributed to the courts of the city of Marseille, France, which will apply French law regardless of the number of defendants or calls for guarantee procedures, and even in the case of emergency or protective procedures.

13.7. French law has the sole jurisdiction and excludes any other international law.

LEGAL NOTICES

Doctorama and Smile Networks are registered trademarks.
The www.doctorama.com site is published by Smile Networks Eurl with a capital € 20 000
Registered in the commercial register of Aix-en-Provence under number 508 417 243.
Headquarters : 7 Bvd du Roi René 13100 Aix-en-Provence - France
Email : contact@doctorama.com
SIRET : 50841724300013
VAT : FR73508417243
CNIL Registration Number : 1429874
The servers are hosted in France by OVH

Terms of Services and sale for Organizers updated April 27, 2011