The website accessible at the address www.kactus.com (the “SITE”) is published by the company KACTUS SAS simplified joint stock company with capital of 2072.62 euros, registered under number 812 350 684 RCS PARIS, whose headquarters are located at 10 rue de Penthièvre – Paris (75008) (hereinafter “KACTUS”).
The SITE offers an intermediation service allowing the reservation of SERVICES and in particular the reservation of PLACES intended for professional events with professional service providers (hereinafter the “SERVICES”) and the organizers of events and professional meetings (hereinafter -after the “ORGANIZERS”).
Access and use of the SERVICES are reserved for professional USERS. “Professional” means natural or legal persons who carry out a commercial, industrial, craft or liberal activity, and any person acting in the name or on behalf of a professional.
These General Conditions of Use constitute a contract concluded between KACTUS and the ORGANIZER. They also apply to any Internet user browsing the SITE.
It is specified that the ORGANIZER remains in all circumstances entirely in control of the organization and success of his event, under his sole responsibility. The following conditions (hereinafter the “GENERAL CONDITIONS OF USE or CGU”) are and remain applicable from the first use of the SERVICES. Please read these Terms of Use and ensure you understand them. By using the SERVICES, the USER agrees to be bound by these T&Cs. At any time, if he disagrees with these T&Cs, the USER must immediately terminate use of the SITE.
We invite you to regularly check these terms, knowing that each use of the SERVICES is subject to the version of the Conditions of Use then in force.
These General Conditions of Use prevail over all other general conditions of purchase and/or sale and specific documents specific to the ORGANIZER, the USER or any third party.
The USER can consult them on the SITE at any time, reproduce them, store them on their computer or on another medium, send them by email or print them on paper so as to keep them.
It is agreed as follows:
The definitions and rules of interpretation set out in this article apply to these Terms of Use.
“ACTIVITIES” : designates event or activity services offered by THIRD-PARTY SERVICE PROVIDERS and which may possibly be acquired by an ORGANIZER in addition to the RESERVATION of a SERVICE.
“ACCOUNT” : designates the virtual space allocated to each USER of the SITE upon registration. This Personal space is accessible by entering the USER'S IDENTIFIERS.
“GENERAL CONDITIONS OF USE (or CGU)”: designates the present contractual conditions made available on the SITE in order to govern the use of the SITE by any ORGANIZER.
“ORGANIZER DATA”: refers to billing data or other information which has been entered by the ORGANIZER or by KACTUS on behalf of the ORGANIZER, for the purpose of using the SERVICES .
“QUOTE”: designates the quote issued to the attention of an ORGANIZER by a SERVICE PROVIDER. The QUOTE includes the essential elements of the SERVICE requested and the price of each SERVICE, as well as, where applicable, the description and price of the ASSOCIATED SERVICES additionally ordered by the ORGANIZER.
“SHEET”: designates the page specific to each SERVICE of a SERVICE PROVIDER, dedicated to the presentation of the services offered to ORGANIZERS. Thus, a SERVICE PROVIDER can have several SHEETS.
“IDENTIFIERS”: designates the ORGANIZER DATA entered when creating an ACCOUNT, allowing the REGISTRATION of an ORGANIZER to be validated.
“WORK DAY”: designates a day which is not a Saturday, Sunday or public holiday in France.
“KACTUS” or “We”: refers to KACTUS simplified joint stock company with capital of € 2072.62, registered under number 812 350 684 RCS PARIS, whose head office is located 10 rue de Penthièvre, 75008 Paris, France.
“LOCATION”: designates, without limitation, the room, restaurant, hotel or space temporarily rented by a SERVICE PROVIDER to an ORGANIZER
“ORGANIZER”: designates any professional, natural person or legal entity, who wishes to reserve a SERVICE, via the SITE as part of the organization of a professional event.
“PARTS”: together designates the ORGANIZER on the one hand and KACTUS on the other.
“PROVIDER”: designates any professional, natural person or legal entity, in particular the owner and/or operator of a LOCATION, referenced on the SITE, in order to offer its SERVICES to ORGANIZERS.
“THIRD-PARTY SERVICE PROVIDERS”: refers to any professional who offers ACTIVITIES to ORGANIZERS.
“SERVICE”: designates any service offered by a SERVICE PROVIDER referenced on the SITE, including RESERVATION of a LOCATION.
“ASSOCIATED SERVICES”: designates the reception and hospitality services, free or paid, which may be offered by a SERVICE PROVIDER to an ORGANIZER in addition to the main SERVICE.
“RESERVATION”: designates the reservation of a SERVICE from a SERVICE PROVIDER made by an ORGANIZER via the SITE, after having accepted a QUOTE.
“SERVICE”: designates all the intermediation services offered by KACTUS via the SITE, as defined in particular in article 2 below.
“ SITE ”: refers to the website https://www.kactus.com, created and published by KACTUS. The SITE brings together all the web pages, SERVICES and functionalities offered to USERS .
“USER” or “YOU”: refers to any person who accesses and browses the SITE.
The SITE offers an online professional intermediation service through which SERVICE PROVIDERS can offer their SERVICES to ORGANIZERS.
It is specified that KACTUS only acts as a service provider and operator of the online platform according to the law for a Digital Republic of October 7, 2016.
All information relating to their presentation and the services offered are established by the SERVICE PROVIDERS, without intervention by KACTUS. KACTUS cannot therefore be responsible for the pre-contractual information provided by the SERVICE PROVIDERS on their space. KACTUS only hosts this information for which it does not have the capacity of publisher and cannot be responsible for this content. KACTUS does not intervene in the contract concluded between the SERVICE PROVIDERS and the ORGANIZERS and/or third parties, and cannot therefore be considered as a party to said contract. KACTUS is not an events agency.
Furthermore, it is specified that the T&Cs do not in any way confer on USERS the status of employee, representative, agent or representative of KACTUS.
To access the SERVICES from a computer, the USER must have equipment equipped with at least the following specifications:
The USER must also have installed a recent version of Microsoft® Silverlight software and use a browser compatible with the latest versions of this software(Explorer 10 and s. Firefox 36 and s., Google Chrome 35 and s., Safari 8 and s.).
By using the SITE, the USER acknowledges having the means and skills necessary to use the SITE.
The equipment necessary for access and use of the SITE is the responsibility of the USER, as are the telecommunications costs incurred by their use.
To become an ORGANIZER, you agree that:
To benefit from the SERVICES, the USER creates an ACCOUNT on the SITE.
Registration is free.
To register, the ORGANIZER is invited to provide the following information:
- First name
- Name
- Email
- Telephone
- Business
- Function
- Password.
THE ORGANIZER will then be able to benefit from the SERVICES.
The ORGANIZER undertakes to provide KACTUS with accurate, fair and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties.
The ORGANIZER undertakes to communicate to KACTUS any necessary updates to the data communicated during registration.
Once registered, the ORGANIZER must connect to the SITE with their IDENTIFIERS.
The ORGANIZER may modify their password at any time, via the “ACCOUNT” – “My Profile” “Click here to change your password”, “My password” and “edit” tab.
KACTUS undertakes not to communicate this password. It is up to the ORGANIZER to ensure the confidentiality of their IDENTIFIERS.
In this regard, the ORGANIZER undertakes in particular to:
It is also strongly recommended that the ORGANIZER change, at regular intervals, the password required for access to the SITE.
When changing their password, the ORGANIZER must ensure that the password is not made up of easily identifiable combinations such as their last name, first name, date of birth, or those of a loved one ( spouse, child, etc.), a password used for other uses (in particular for personal messaging, etc.).
The ORGANIZER must in particular ensure that it chooses a password that is sufficiently long and composed, whenever possible, of a combination comprising both letters, numbers, as well as upper and lower case characters. .
KACTUS may, at its discretion, impose an expiry date for the ORGANIZER's password beyond which it will not be able to access the SERVICES without first changing its password.
The ORGANIZER also undertakes not to store their IDENTIFIERS on their computer, Smartphone and/or Digital Tablet, nor to send them via unsecured transmission channels such as email, SMS, etc.
The ORGANIZER is also responsible for deleting the information stored on its computer, smartphone and/or digital tablet after the Payment Transaction, in particular the deletion of cookies and history or the deletion of data stored in cache memory.
Any connection to an ORGANIZER'S ACCOUNT using their IDENTIFIERS will be presumed to have been made by the ORGANIZER himself, who accepts responsibility.
Any ORGANIZER who becomes aware of fraudulent use of their IDENTIFIERS must inform KACTUS as soon as possible. It may be criticized for its negligence in communicating this alert to KACTUS.
Creating an ACCOUNT requires providing a valid email address.
The ORGANIZER undertakes to create only one and only ACCOUNT on the SITE. KACTUS declines all responsibility for the harmful consequences that the use of multiple ACCOUNTS for a single ORGANIZER could have.
The ORGANIZER is entirely responsible for the accuracy and updating of the data communicated as part of the opening and management of its ACCOUNT.
KACTUS reserves the discretionary right to refuse the registration of an ORGANIZER who does not conform to the spirit of the SITE or who contravenes the image of KACTUS, without it being possible to commit its liability in any way.
Once connected to his ACCOUNT, the ORGANIZER has the possibility of consulting the information relating to each SERVICE, via each SHEET.
As part of a RESERVATION of a VENUE, the ORGANIZER can carry out his search according to different criteria:
The ORGANIZER also has the possibility of consulting the SHEET by directly indicating the name of the PLACE or SERVICE PROVIDER
The organizer can request a QUOTE from the SERVICE PROVIDER for each of the SERVICES offered on the SITE.
In order to obtain a QUOTE for a RESERVATION of a VENUE, the ORGANIZER provides on the SITE at least the information relating to the location of the VENUE, to the type of event planned (Half-day seminar, full day , with accommodation, company evening, group lunch or dinner), on the date of temporary rental, and on the number of participants.
The ORGANIZER's QUOTE request may be refined by indicating the following additional information: room configuration, budget, desired activities, atmosphere, type of LOCATION, brands, facilities, setting. If necessary, KACTUS offers to the ORGANIZER to specify their wishes.
Depending on the criteria provided, and his brief, the ORGANIZER has the possibility of simultaneously requesting several QUOTES from different SERVICE PROVIDERS.
When the ORGANIZER has agreed to be geolocated, PLACES close to him may be offered.
Based on the information transmitted by the ORGANIZER, the SERVICE PROVIDER(s) offer one or more QUOTES via the SITE.
When the QUOTE is available on their ACCOUNT, the ORGANIZER will be notified by email and will be able to communicate directly with the SERVICE PROVIDER via online messaging.
After comparing the different QUOTES from the SERVICE PROVIDERS via the comparative table published on their ACCOUNT, the ORGANIZER will be able to validate their RESERVATION on the SITE.
The QUOTE accepted by the ORGANIZER constitutes the agreement of the ORGANIZER and the SERVICE PROVIDER and, where applicable, on the date, price and conditions indicated in the QUOTE. It constitutes a firm and definitive contract between the ORGANIZER and the SERVICE PROVIDER as well as, where applicable, between the THIRD PARTY SERVICE PROVIDER and the ORGANIZER.
Before validating the QUOTE, the ORGANIZER will have access to the General Rental Conditions or the General Service Conditions of the SERVICE PROVIDER.
Payment will take place on the SITE via credit card, or by transfer or sending a check.
From receipt of the QUOTE, the ORGANIZER and the SERVICE PROVIDER have the possibility of communicating on the SITE via the instant messaging service.
After the event, any ORGANIZER has the possibility of leaving a public notice on the SITE concerning the SERVICE. A rating out of 5 can also be given.
As part of the organization of its event, the ORGANIZER also has the possibility of reserving ADDITIONAL SERVICES with the SERVICE PROVIDER.
As part of the organization of its event, the ORGANIZER has the possibility of reserving ACTIVITIES with THIRD-PARTY SERVICE PROVIDERS.
The ORGANIZER is free at any time to delete his ACCOUNT according to the following terms:
KACTUS will confirm the ORGANIZER's unsubscription by sending him an email to the address provided on his ACCOUNT.
All data and content relating to this ACCOUNT will then be deleted from the SITE, within 60 days of the request, in accordance with the KACTUS Confidentiality Policy, available here: https://www.kactus.com/en-uk/privacy-policy. Only data likely to identify a content publisher within the meaning of the law of June 21, 2004 are kept for one (1) year before being destroyed.
As an exception, identification data will be kept for three (3) years, and data relating to identity will be kept for five (5) years as part of the fight against money laundering (article L. 561-12 of the Monetary and Financial Code).
In any case, the USER who wishes to obtain the most recent backup of USER DATA must contact KACTUS, within ten (10) working days, from the date of closing of their ACCOUNT. KACTUS will endeavor to transmit the USER DATA within a reasonable time subject to full payment of the above-mentioned fees.
As part of the use of the SITE, each USER undertakes not to harm public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&Cs .
Each USER has the obligation to:
In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1981 relating to freedom of the press, the USER undertakes not to disseminate any message or information:
The USER will indemnify and hold KACTUS harmless from any liability, all damages, costs and expenses or convictions of all kinds incurred or exposed by KACTUS due to a breach by the USER of one of the obligations referred to in present.
In addition to the provisions relating to the security of IDENTIFIERS, the USER is required to respect the following provisions:
Computer equipment security
Internet is an open international telecommunications network to which the USER can access through a computer, a Smartphone or a Digital Tablet. To access the SITE and the SERVICES, the USER must comply with the technical requirements (concerning equipment and software) as described in these T&Cs.
The USER is required to take all necessary measures to ensure that the technical characteristics of his computer, Smartphone, or Digital Tablet, as well as their software and internet subscription, allow him to access the SITE in completely safe.
The USER is entirely responsible for the correct functioning of his computer equipment, as well as his connection to the internet. As such, the USER must ensure that this equipment does not present any problems or viruses and has sufficient security in order to prevent the risk of a third party obtaining access to their ACCOUNT and the data that this space contains. .
The USER must do everything possible to preserve this security. To do this, the USER must ensure in particular that there is no risk of hostile programs or viruses accessing and disrupting KACTUS computer systems. In particular, the USER must ensure the security of their computer, Smartphone, Digital Tablet, by using and regularly updating anti-Virus and anti-spyware software as well as a personal firewall.
The USER assumes technical risks in particular linked to a power outage, an interruption of connections, a malfunction or even the overload of networks or systems.
The USER acknowledges that he must contact the internet service provider of his choice to access the internet, the SITE and the SERVICES. In this context, the USER acknowledges that it is up to him to choose his internet access provider and to establish the terms of his relations with him.
KACTUS cannot be held responsible for the risks relating to internet access and the risks relating to the remote transmission of data by the USER or to the USER, particularly in the event of a conflict between the USER and this service provider. access to the internet, in relation to the confidential/personal nature of the data transmitted, the cost of transmission, the maintenance and interruptions of telephone lines and the internet network.
Safety of use
The USER is responsible for using the SERVICES in accordance with the technical requirements and security instructions communicated by KACTUS.
Under normal conditions, the SERVICES are accessible through the SITE.
The USER must connect to the SITE for a limited period of time and undertakes to disconnect as soon as he has finished using the SERVICES. Disconnection is not automatic, once connected, the USER remains connected to the SITE until he disconnects by clicking on the “disconnect” tab of the SITE.
Notification in the event of loss, theft, misappropriation or unauthorized use by the USER of their IDENTIFIERS or any means of payment registered for the SERVICES.
The User must notify KACTUS as quickly as possible by electronic means (hello@kactus.com) or telephone (01 84 80 92 92, non-premium rate call) of a loss, theft, misappropriation or unauthorized use of their IDENTIFIERS and any Means of Payment provided for the use of the SERVICES, such as for example Bank Card, without prejudice to the obligations that the USER must respect with the banking establishment issuing the Means of Payment concerned, and in particular the obligation to notify these events without delay and to file an opposition.
The USER agrees to assist KACTUS in good faith in clarifying the circumstances and other relevant information relating to such loss, theft, misappropriation, unauthorized use or other similar event and to take such steps as may be required by KACTUS.
Furthermore, KACTUS may also block the USER's access to the SITE when KACTUS has reason to suspect, for example following the identification of a suspicious transaction, and even before having received notification from the USER in this regard, a loss, theft, misappropriation or unauthorized use of the Identifiers or Means of Payment registered by the USER for access to the SERVICES.
In the event of a breach of these T&Cs by the USER, KACTUS reserves the right to temporarily suspend or terminate the USER's access to the SERVICES, with immediate effect. This termination will take effect automatically on the date of its notification by KACTUS to the USER, by mail or email.
It is expressly agreed between the PARTIES that the general obligation of KACTUS is an obligation of means. KACTUS is not subject to any obligation of result or reinforced means of any kind.
KACTUS undertakes to use all means to ensure continued access and use of the SITE 7 days a week and 24 hours a day except in the event of force majeure or an event beyond the control of KACTUS. KACTUS and subject to possible breakdowns or maintenance interventions necessary for the proper functioning of the SITE.
However, KACTUS cannot be held responsible for disruptions, outages and anomalies which are not its fault and which affect transmissions by the Internet network and more generally by the communication network, whatever the importance and the duration
It is also specified that KACTUS reserves the right to temporarily interrupt accessibility to the SITE or to suspend all or part of the SERVICES for maintenance reasons, for the improvement and installation of new features, for the audit of proper functioning or in the event of a malfunction or threat of malfunction.
In accordance with articles L.111-7 I et seq. of the Consumer Code, KACTUS undertakes to provide clear, transparent and fair information on the terms of its intervention:
The PROVIDER SHEETS, which are presented to the ORGANIZERS within the SITE, are classified according to their relevance in relation to the needs of the ORGANIZER (for example, in the context of RESERVING a LOCATION: type of place, style, price, location, room capacities, opening hours, services offered) and on the other hand the performance of the SERVICE PROVIDER (average rating of reviews, average response time, completion of SHEETS, number of average monthly bookings).
KACTUS maintains no capital link or any legal dependence with any of the ORGANIZERS which would influence the classification or referencing of the content, or the services offered or put online. The SITE is published and operated by KACTUS.
The price of the RESERVATION and the SERVICES offered by the SERVICE PROVIDER is fixed on QUOTE.
Unless specific provisions are agreed between KACTUS and the SERVICE PROVIDER, KACTUS proceeds to invoicing and collection of the price in the name and on behalf of the SERVICE PROVIDER under an invoicing and collection mandate granted to it by the PROVIDER.
In remuneration for its SERVICES, KACTUS receives a commission paid by the SERVICE PROVIDER and based on the turnover achieved by each SERVICE PROVIDER with the ORGANIZERS registered on the SITE. The commission rate varies depending on the turnover thus provided.
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the SITE are the exclusive intellectual property of KACTUS or the SERVICE PROVIDERS and cannot be reproduced, used or represented without express authorization under penalty of legal proceedings.
Any representation or reproduction, total or partial, of the SITE and its content, by any means whatsoever, without the express prior authorization of KACTUS is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
In particular, KACTUS expressly prohibits:
KACTUS grants a personal, non-exclusive and non-transferable license to USERS authorizing them to use the SITE and the information it contains in accordance with these T&Cs.
Any other exploitation of the SITE and its content is excluded from the scope of this license and cannot be carried out without the express prior authorization of KACTUS.
KACTUS declines all liability in particular:
In any event, KACTUS can only be held liable in the event of proven fault.
In the event of abnormal use or illegal exploitation of the SITE, the USER is then solely responsible for damage caused to third parties and the consequences of claims or actions that could result therefrom.
USERS acknowledge that KACTUS has the status of host within the meaning of article 6 I 2° of the law of June 21, 2004 for confidence in the digital economy known as LCEN.
As such, KACTUS reserves the right to remove any content which has been reported to it and which it considers to be manifestly illicit within the meaning of article 6 I 2° of the law of June 21, 2004 for confidence in digital economy known as LCEN.
Notification of manifestly illicit content by a USER or any other third party must be made by email to the address hello@kactus.com or by registered mail with acknowledgment of receipt.
In accordance with article 6 I 5° of the law of June 21, 2004 for confidence in the digital economy known as LCEN, the notification, to be valid, must include the following elements:
The PARTIES will not be deemed to have failed to fulfill their obligations if they are prevented from performing all or part of them following a case of force majeure, provided that the defaulting PARTY informs the other PARTY thereof. , by registered letter with acknowledgment of receipt, within five (5) calendar days of the occurrence of the event and justifies the character of force majeure within the meaning of French jurisprudence, including in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal equipment or others; and the interruption, suspension, curtailment or disruption of electrical or other power or any interruptions of electronic communications networks.
The defaulting PARTY will make its best efforts to limit the effects of the force majeure event, and find any suitable solution in order to resume the execution of its obligations as soon as possible.
If the execution of one or more of the obligations of one or the other PARTY is deferred due to the occurrence of a force majeure event, the execution of the obligations will be suspended until the disappearance of said event.
In this context, KACTUS acts as data controller or subcontractor, and ensures, in a continuous process of protection of personal data, the collection and processing of the personal data of its USERS in compliance with the rights of each of the persons concerned, in accordance with the applicable laws and regulations and in particular with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of data (hereinafter “GDPR”).
To find out everything about how Kactus collects and processes USERS' personal data, they can consult the KACTUS confidentiality policy at any time, accessible at the following address: https://www.kactus.com/en-uk/privacy-policy
The ORGANIZER, in its capacity as employer of the USERS, is required to inform them of these rights and the terms of their exercise, which are detailed, depending on the legal basis of the corresponding processing, in the Privacy Policy.
In particular, KACTUS:
The ORGANIZER is informed, and undertakes to inform its USERS that, for the purposes of providing the SERVICES, personal data concerning them will be transmitted to the SERVICE PROVIDERS.
The data concerned by this sharing are described in the Privacy Policy.
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these T&Cs cannot affect the validity of these T&Cs. Such a modification or decision in no way authorizes USERS to disregard these T&Cs.
These T&Cs apply to any USER browsing the SITE.
The T&Cs may be modified and updated by KACTUS at any time, in particular to adapt to legislative or regulatory developments.
The applicable T&Cs are those in force at the time of browsing the SITE.
KACTUS reserves the right to modify or stop offering all or part of the SERVICES at any time, at its free discretion.
The USER is informed of these modifications and/or termination by any useful means, within one (1) month.
Any complaint can be made to KACTUS Customer Service by email to the following address: hello@kactus.com.
Complaints can also be sent by post to KACTUS – 10 rue de Penthièvre, 75008 Paris, France.
In accordance with the terms of article 1368 of the Civil Code, KACTUS and the USER establish the rules of admissible evidence between them within the framework of these T&Cs.
The USER accepts that the electronic files sent by KACTUS or made accessible from the SITE, are admissible before the Courts and provide proof of the data and elements they contain and, where applicable, of the authentication and signature that they express. The PARTIES accept that the USER demonstrates their consent by signing on a tablet or screen and/or by checking boxes and/or by using any other means made available to them.
These processes are admissible before the Courts and provide proof of the data and elements that they materialize as well as the signatures that they express in accordance with the requirements of article 1367 of the Civil Code.
These GENERAL CONDITIONS OF USE, their execution and interpretation are exclusively governed by French law, to the exclusion of all conflict of law rules.
In the event of a dispute arising between the PARTIES regarding the interpretation, execution or termination of these GENERAL CONDITIONS OF USE, the PARTIES will endeavor to resolve it amicably. The USER is invited to first contact KACTUS Customer Service, in accordance with article 13 hereof.
In the absence of an amicable agreement within one (1) month from the referral of one of the PARTIES, the dispute may be submitted to theCourts within the jurisdiction of the Paris Court of Appeal to which jurisdiction is expressly granted, notwithstanding plurality of defendants or warranty claims, including for emergency procedures or conservatory procedures, in summary proceedings or by request.