Terms of Service NJUKO by the Organizers of sporting events
update 12/12/2018
Welcome to njuko!
njuko.com, trademark of njuko SAS, a French company registered with the Commercial Court of Bayonne under the number 750 866 675 000 28 (VAT number FR77 750 866 675) offers you web and mobile solutions to help you to manage your sporting events.
1.Definitions
Each of the expressions set forth below shall have in this contract the meaning given to it, whether it is used singularly or in the plural, to know :
• "Terms and Conditions" means the terms and conditions General Use of NJUKO Services
• "Site" or "Website" means the website published by njuko SAS, available at URL www.njuko.com;
• "Application Platform" or "Platform": means the Internet platform accessible at the URL www.njuko.net and allowing the Organizer to set up a sports event and sell tickets and perform Registration;
• "Services" or "njuko": refers to the services offered by njuko SAS via the website and the Application Platform;
• "Organizer": means the natural or legal person, the club, Association or any other organization that uses the Application Platform for marketing of the ticketing of a sporting event and / or the management of registrations to the sporting event. The Organizer may be a person natural or legal person who manages on behalf of a third party the marketing of ticketing of a sporting event and / or the management of registrations for the athletic event.
• "Sports event" means any sporting event managed by the Organizer via the Application platform;
• "Ticket": means the ticket for the registration of the sporting event organized by the Organizer.
• "Participant" or "Internet user": means the natural person who acquires a ticket on the platform to participate in a sporting event.
• "Application": means the web interface visible to Internet users and allowing Participants to register for a sporting event.
• "Parties" means the Organizer and njuko SAS.
• "Customer": means the Customer of the Organizer, in particular in the PILOT and PILOT + offers.
• "Database": means the application compiling the participants registered for a sporting event.
• "Management Fee" or "Fee": refers to fees Article 6.4. Of this Agreement.
• "User account": means the user account allowing the Organizer to access its interface on the Application Platform to manage a athletic event.
• "Transaction": means any online payment transaction operated via the Application.
• "Chargeback" means the operation in which a user with disputes payment made online on the application, and thus blocks the payment of its registration and / or options purchased in the future.
2.Purpose
The purpose of these general terms and conditions is to:
• define the conditions under which the Organizer may use the Applicative Platform to enhance a sporting event.
• the scope of the power given by the Organizer to NJUKO to commercialize and / or publish tickets on behalf of the Organizer, according to the following.
3.Scope of these
The use of the NJUKO services by the Organizer implies its acceptance of immediate and unconditional application of these conditions.
The Organizer undertakes to respect these conditions.
The parties agree that their relations shall be governed exclusively by these Terms and Conditions, to the exclusion of all other terms and conditions available on any other medium, which have informative value and not contractual.
These terms and conditions supersede and supersede all written and verbal, handed over or exchanged between the parties, prior to their relationship contractual obligations relating to the same subject-matter. The Organizer declares that it holds the full rights, powers and necessary to use the NJUKO services.
njuko SAS reserves the right to modify these conditions at any time. From the day on which the Organizer was informed of the new General Conditions, the organizer has a deadline of fifteen (15) days to oppose it. In the absence of opposition within this period, the Organizer shall be deemed to have accepted them without reservation.
4.Independance
The Organizer is an independent contractor acting on its own behalf and at its own risk for all its contractual relations with njuko SAS.
njuko SAS is neither the agent, nor the representative, nor the agent, nor the employee of the Organizer.
njuko SAS is an intermediary offering a technical service facilitating the management registration for a sporting event. njuko SAS is thus a third party external to the relationship between the Organizer and its Customer and the participants in the sporting event. The Organizer entrusts to njuko SAS the technical management of collected funds.
Similarly, the Organizer acts with third parties on its own behalf and on its own responsibility, so that the responsibility of njuko SAS can never be committed for any cause whatsoever.
5.Access to njuko.com services
5.1. Creating a user account
To access NJUKO services, the Organizer must create an "account user" on the website. The creation of the user account involves immediate and unconditional acceptance of these general conditions.
The Organizer guarantees the accuracy of the data transmitted to njuko SAS during registration for the creation of its "user account" and undertakes to - if necessary - update them as soon as necessary. In the absence of accuracy and / or updating its data the o Organizer will not be able to place any blame against njuko SAS, in particular in the event of an impact on the organization of a sporting event.
When creating the user account, the Organizer uses the identifier and the word of their choice; the username and password are strictly personal and confidential. The Organizer is solely responsible for the confidentiality of its identifier and of its password. Thus, the use of the user account shall be deemed to be made by the Organizer, under its sole responsibility.
5.2. Creating user subaccounts
For the PILOT and PILOT + offers, the Organizer may grant access rights limited to the Application Platform to its Customers, in order to enable them to follow the registration for the sporting event.
Access to the Application Platform by the Customers of the Organizer is done under the sole responsibility of the Organizer.
5.3. Functioning of NJUKO services
njuko SAS is committed to implementing all the necessary means to ensure the proper functioning of its services.
However, njuko SAS reserves the right to interrupt access to its services at any time and for any of the following reasons:
- in case of misuse or fraudulent use of the services by the Organizer;
- in the event of force majeure such as, in particular, those retained as such by the Courses of Justice and of French jurisprudence;
- in the event of any malfunctioning of the services;
- for a maintenance operation.
The interruption of access to services falls under the sovereign decision of njuko SAS, without any condition of motivation of this decision prior to the Organizer.
In addition, njuko SAS can not be held responsible for the impossibility of the Organizer or the participants to access its services, when this impossibility arises from difficulties connected with the Internet or any other cause foreign to njuko SAS.
njuko SAS will inform the Organizer by e-mail, at least seven working days before its implementation of any punctual maintenance operation which would a temporary interruption of its services and undertakes to scheduling of such maintenance operations so that they between one and five o'clock in the morning, in order to minimize their impact on the accessibility of the ticketing service.
njuko SAS undertakes to inform the Organizer by e-mail as soon as it has knowledge of any technical dysfunction affecting its services that could result in an interruption of more than twenty-four hours.
6.Financial conditions
6.1. Remuneration of njuko SAS
in return for the services provided by njuko SAS, the latter receives a percentage of the selling price of the Registrations or Tickets; the price of Tickets or Registrations are set by the Organizer during the creation of an athletic event. The selling price of the Tickets or registrations have the option to include or not the fees set forth by njuko SAS. The percentage of fees included in the selling price is at the discretion of the Organizer. The operating event that triggers the application of fees happens at the point of registration of a Participant in an athletic event. It is therefore specified that for the PILOTE and PILOTE + Offers, njuko SAS will receive fees even if the Organizer registers a Participant in the database manually. In addition, if the participates registered in njuko but fails to render payment, fees will remain due to njuko SAS and njuko SAS will still collect all fees associated with that participant.
The amount of the fees charged by njuko SAS is defined on the Site, in the heading "Tarifs".
The Organizer declares that it has taken note of the terms of remuneration of njuko SAS, and accept them without reservation.
njuko SAS reserves the right to modify or correct the terms and conditions of its remuneration, at any time and without conditions of motivation, subject to informing the Organizer beforehand by e-mail. From the day when the Organizer was informed of the new remuneration arrangements for njuko SAS, the Organizer has fifteen (15) working days to oppose it; at no objection within the time limit, the Organizer shall be deemed to have accepted the new remuneration arrangements for njuko SAS which do not have retroactive effect.
6.2. Refund
The Organizer undertakes to assume responsibility for all requests for refund from Participants who meet the conditions of participation in the sporting event defined by the Organizer or his / her customer.
As from the request for refund made by the Participant and notified to the Organizer by njuko SAS, the Organizer shall have a period of thirty (30) working days to make available to njuko SAS the corresponding sum of the amount of the Ticket to be refunded in order to allow njuko SAS to reimburse the participant.
njuko SAS will not be responsible for the refund of the Participant. In case of a refund, costs will be invoiced to the Organizer for the technical management of the refund for the participant, in accordance with the rates in force and accessible in the section "Tarifs" of the website.
In case of a refund, the fees of njuko SAS provided for in 6.1 of will remain due by the Organizer.
The Organizer agrees to fully bear the risk of an application for a refund by a Participant, as well as the related costs.
In case of modification, cancellation or postponement of the event, tickets are sold or for sale, the Organizer undertakes to inform njuko SAS immediately. In this event, the Organizer shall reimburse the Participants, under the conditions specified by the Organizer, even to the Participants.
6.3. Management fees
In consideration of the refund service and other services annex by njuko SAS, and specified in the "Prices" section of the Site, njuko SAS receives management fees. The amount of these costs must be paid by the Organizer to njuko SAS in thirty (30) days from the event that resulted in the the calculation of such management fees. If the amount corresponding to the amount due to njuko SAS for fees of the event is available on the Organizer's user account, njuko SAS will take the fees directly from to the Organizer's account.
The Organizer declares that it has taken note of the remuneration, refund service and other ancillary services provided by njuko SAS, and accept them without reservation. njuko SAS reserves the right to modify or correct these terms and conditions, remuneration, at any time
and without conditions of motivation, subject to informing the Organizer. From the day on which the Organizer has knowledge of new compensation arrangements for njuko SAS, the Organizer has fifteen working days to oppose it; In default after the allotted time, the Organizer shall be deemed to have accepted the new remuneration arrangements for njuko SAS. The new remuneration of NJUKO shall in no case be retroactive.
6.4. Payment to the Organizer of the sums collected via application
njuko SAS collects the sums corresponding to the amount of the tickets sold via the Application, and then transfers it to the Organizer, less the commission due to njuko SAS in accordance with the procedures referred to in Article 6.1. Of the present and any other amount owed by the Organizer to njuko SAS, including the fees referred to in Article 6.4. of this Agreement.
The payment of the sums to the Organizer takes place monthly, bi-monthly or according to the schedule chosen by the Organizer via the Platform on the basis of the accounts provided by njuko SAS and addressed to the Organizer. Account rendering is a synthesis of sales, being specified that the Organizer may at any time access the details of transactions and sales of their event in real time on the Application Platform.
In case of dispute, the Organizer has a period of thirty (30) days from receipt of the sums in order to make its objections known; after this time the amount paid shall be deemed to be accepted without reservation.
Payment is made as follows:
• for the DRIVER Offer: by transfer to the bank account of the Organizer whose details have been provided by him at the time of his registration;
• for the PILOT and PILOT + offers: by transfer to the account by the Organizer during the setting up of the sporting event.
It is thus specified that the Customer can be informed as the beneficiary of the payments. However, where there is doubt as to the identity of the holder of the beneficiary of the payment designated by the Organizer, njuko SAS reserves the right to retain the sums due until the owner's identity is duly justified of the beneficiary account of the payment. Subject to the VAT payable by njuko SAS on the amount of his remuneration, the Organizer personally assumes responsibility for the payment of all other taxes, duties or taxes applicable to the event it organizes.
The Organizer keeps and therefore has full liability for VAT and / or other duties and taxes for their events.
t should also be noted that in the case of a chargeback of a registration the associated registration and all options will automatically be canceled. In the event that the associated sums have already been paid and the balance of the account of the edition does not allow the recovery of these sums, an invoice will be drawn up at the end of the month in proportion to the amounts remaining due.
6.5. Late payment
Except in the case of a report requested by time and granted by njuko SAS, any delay in payment, all or part of an amount due at its maturity, Interest will be applied at the statutory interest rate plus 2 percentage points.
The parties agree that this rate is calculated pro rata temporis per one month period and that each month begun is counted as a whole month.
If njuko SAS had to entrust the recovery of its claim to a third party, the Organizer will be liable, in addition to this interest for late payment, of the fees and expenses incurred. In addition, njuko SAS may avail itself of the provisions of the clause referred to in Article 12 of this Agreement and relating to termination for breach of its obligations.
Similarly, njuko SAS may suspend, as of right, all the services in regardless of their nature and level of advancement. However, this suspension can not be considered as a termination of the contract as a result of njuko SAS, or open any right to compensation for the Organizer.
7.Obligations and guarantees of njuko SAS
njuko SAS guarantees that the Application has a security system, guaranteeing protection when purchasing Tickets or registering by credit card, and when paying the Organizer the sums collected via the Application.
Due to anti-fraud schemes, it is possible that payments of certain Participants are not exceptionally accepted. njuko SAS can not be held liable for any damages.
The Platform for the acceptance of registrations has been reported to tax authorities in accordance with Article 50e of Annex I to the CGI.
The Application includes sufficient backup and recovery procedures to preserve information in the event of an incident, malfunction, malfunction of an element of the system or a disconnection in the electrical supply.
njuko SAS is committed to ensuring that its system maintains their original content and in the chronological order of their issue. njuko SAS will contain a statement containing the number of tickets sold, the price of the ticket and the corresponding information. This statement is directly accessible to the Organizer from its interface accessible via the Application Platform. njuko SAS is committed to strictly enforcing the marketing rules of tickets provided by the Organizer. njuko SAS can not be held responsible for any error of the Organizer in the use of the Services, regardless of the consequences to be borne of the Organizer.
njuko SAS has a banking license exemption issued by the ACPR (Autorité de Contrôle Prudentiel et de Régulation) since 23 January 201 under the reference D-17-00399.
Availability of Service
njuko SAS will use all due diligence to maintain availability of its services 7 days a week.
njuko SAS can not be held liable in the following situations: disruption in the use of the Internet network and presence of computer viruses, and any form of non-execution of a transaction due to facts known as force majeure such as those retained as such by the Courts of Justice and French jurisprudence.
Rush registration policy:
At njuko, a “rush registration event” is defined as an opening of registrations on the njuko application which causes higher than normal visitor traffic on our servers ( average above 50 registrations per minute) over a concentrated period of time. Extra resources (outside of our normal range) must be provisioned in order to accommodate the event and maintain our service level. To obtain the highest service available for our customers, we require a minimum two-week notice before any potential rush registration event. This two-week period is the minimum time in which we must prepare our resources for the event. We, therefore, reserve the right to deny any request and/or delay the opening of any event if proper notice has not been given at least two weeks before the scheduled opening date. Under any circumstance of the outcome foWe also do not accept any responsibility, liability, or damages for any failure of service, out of service event, payment duplication, or any other damage regardless of the notice period or approval of service. A rush registration event is an at-risk event. The following list represents a guide for requesting and executing a rush registration event with njuko:
Under no circumstances will njuko be held liable to compensate the client for any real or perceived damages, liabilities, or responsibilities.
8. Obligations and guarantees of the organizer
The Organizer certifies they:
• have all rights, including rights of ownership intellectual property rights and exploitation rights, on all the elements used for the the sale of the Tickets or Registrations;
• it owns the intellectual property rights of the images and texts that it communicates to njuko SAS to parameterize its event. It indemnifies njuko SAS against any action by third parties, including any infringement action, the made of this use by njuko SAS;
• have the right to distribute the Tickets or Registrations and use the services of njuko SAS for the organization of the sporting event. The Organizer indemnifies njuko SAS against any action or claim of third parties. The Organizer undertakes to:
• Accept all Tickets or Registrations acquired on the Platform and present by the Participants;
• Be in good standing with respect to tax regulations governing events it organizes. In this respect, under his own responsibility, the Organizer, may indicate via the Application Platform the VAT rate or any other tax to be applied to the sale of Notes;
• Provide general conditions of participation specific to each sporting event that it must put on line via the Application Platform;
• Test all the registration forms that it will generate via the Application Platform before opening the listings to the public;
• As part of the use of NJUKO services, do not violate French laws and the rights of others.
• to indemnify njuko SAS if complaints concerning the illegal use of NJUKO services by the Organizer are filed.
• not to use NJUKO services to organize "Unlawful" events in the light of the texts in force or of morality.
9.Exclusivity
njuko SAS is the sole and exclusive distributor of the Organizer, for the services offering features substantially similar to NJUKO services, for the duration of the contractual relationship between njuko SAS and the Organizer.
Once the Organizer has accepted these terms and conditions, it undertakes to contract only with njuko SAS for the on-line marketing and selling of the tickets linked to the sporting events that they organize.
10.Conservation of data
In view of the foregoing, njuko SAS undertakes to:
• establish a Database of tickets sold via the Application,
• ensure the retention of these data during the legal period of conservation;
• to allow the Organizer to access this data remotely.
• identify each Ticket or Registration sold by a number that corresponds to that of the operation stored in the Database. The database records and maintains the following information, indicating whether the operation gave rise or not to the selling of Tickets or registrations :
- identification of the Organizer,
- identification of the event,
- the category of entry to which the Ticket entitles,
- the total Price paid by the Participant,
- the transaction number assigned by the ticketing system.
The Organizer has access to the Participant data. In this regard, the Organizer undertakes to maintain the confidentiality of the personnel data in the Database, all in accordance with Law No. 78-17 of 6 January 1978 known as "Informatique et Libertés". The Organizer undertakes, in addition, to use the personal data of the participants for the purposes of prospecting strictly in accordance with the provisions of the GDPR (General Data Protection Regulation) European law of active on May 25th, 2018.
njuko SAS is hosted by Amazon Web Services and all data bases are located in Amazon’s data center in Ireland.
The Organizer remains the exclusive owner of the data relating to the Purchased Tickets by the Participants via the Application. When a Participant registers via the Platform, only the information relating to its registration can be used by njuko SAS in strict compliance with the rights granted by the Participant. In this regard, the Organizer undertakes to specify in detail to njuko SAS the scope of the authorizations given by the Participant in the use of its personal data.
11. Hypertext link – Distinctive Communication and Signs
For the purchase of the Tickets, the Organizer is authorized to set up a Hypertext link on its own website redirecting users to the NJUKO Application set up via the Application Platform to offer Internet users the possibility to purchase their tickets online. The Organizer is also authorized to integrate the link allowing the purchase of Tickets directly on its own site.
The Organizer's website must inform Internet users that the purchase of tickets are via a NJUKO Application. njuko SAS is authorized by the Organizer to promote at its own expense and wishes their events, by any means. If necessary, the Organizer shall communicate to njuko SAS the communication tools and / or information necessary for this purpose. The Organizer shall ensure that all information and communication tools to be communicated to such equipment must be fully free of exploitation. The Organizer warrants njuko SAS against any action or claim of third parties as a result of the use of such material. In any publicity surrounding sports events, the Organizer may quote NJUKO as a ticket marketing tool. The pages of the Application reproducing intellectual property Organizer are pre-validated by the Organizer via its "account user". The Organizer warrants njuko SAS against any third party claim or action of the use of njuko SAS of trademarks, distinctive signs and other provided by the Organizer.
12.Term of contract validity and termination
The contractual relationship between njuko SAS and the Organizer takes effect from the date of acceptance of these General Conditions by the Organizer and in any event at the latest from the creation of a User Account via the Application Platform. For the DRIVER Offer, the contract is concluded for a limited period at the end of the sports event, the duration of which the Organizer gives to njuko SAS the ability to publish and market tickets for sporting events they are organizing.
For the PILOT and PILOT + offers the contract is concluded for a period for which the Organizer grants to njuko SAS to publish and market tickets for sporting events they organize.
At any time, the parties may terminate their contractual relationship without justification, subject to 30 working days' notice in the form of a written notice to the other party. The parties reserve the right to terminate their relationship immediately for any of the following reasons, it being understood that this list of grounds is exhaustive:
- one of the parties does not respect these general conditions;
- one of the parties is the subject of a collective proceeding or is insolvent for a minimum period of thirty consecutive working days.
13.Intellectual Property
The Organizer acknowledges that njuko SAS holds exclusively all the intellectual property rights on the elements of the Site, and in particular on the logo NJUKO, on software allowing access to services and on the NJUKO name.
NJUKO grants to the Organizer a right to use the software allowing access to services within the framework of their contractual, limited, non-exclusive and non-transferable, and excluding any other use.
Any reproduction of this software by the Organizer is strictly prohibited.
The Organizer further agrees not to use the specifications of such software for the purpose of creating a program with the same purpose; It shall also refrain from permitting, directly or indirectly, the use of the Software to anyone other than persons whose employment requires access to services.
njuko SAS grants to the Organizer the right to use the NJUKO name and logo solely for the purpose of promoting the sporting event and marketing of the tickets, solely on the promotion and marketing media produced by the organizer (website of the Organizer, newsletters, etc...), within the framework of the duration of this contract. Any other use constitutes an infringement of the meaning of Articles L335-2 and following of the Code of Intellectual Property.
njuko SAS is the producer of the database within the meaning of Articles 341-1 and the Intellectual Property Code and holds all the rights related thereto and including exploitation rights.
No right to use intellectual property other than expressly mentioned herein is conceded to the Organizer.
14.Confidentialité
For the duration of their contractual relationship, each of the parties undertakes to keep strictly confidential all documents, information and knowledge in any capacity whatsoever and in particular in connection the operation of the Application Platform and the use of the Services. To this obligation of confidentiality is added for each of the parties to never exploit or use for its own account or for the account of others, in any way, all or part of the information and confidential documents.
The parties undertake to charge to all the persons concerned (Employees, employees and / or customers) the same obligation of confidentiality. This obligation of confidentiality will persist as long as the information in question shall remain confidential, including beyond the date of termination of the of the contractual relationship.
15.Nullity
The nullity or inapplicability of any of the provisions shall not render null and void the other provisions which shall retain their full force and effect. Their scope.
The parties then agree to replace the clause declared invalid and invalid by a clause which is closest in its content to the clause initially stopped.
16. Temporary termination of a right
The fact that one of the parties does not exercise, on one or more occasions, the rights, options, claims or actions under this Agreement, may be interpreted as an abandonment or a refusal to rely on that right, to exercise such option, to make such claim or to exercise such action.
17.Selection of domicile
For the execution of these and their consequences, the parties respectively domicile in their headquarters. Any modification of the office or address of one of the parties shall not be enforceable against the other party 15 calendar days after having been duly notified.
18.Regulation of disputes
This contract is subject to French law. Any difficulty in the interpretation, implementation or termination of the contract, be submitted to the competent court of Bayonne which the parties give exclusive jurisdiction, despite multiple defendants or warranty. This jurisdiction also applies in respect of summary proceedings. In terms of IP only the high court of Bordeaux will be competent, despite multiple defendants or warranty.