Welcome to the Official Resale Website
IMPORTANT - NOTE TO USERS:
« zePASS » : refers to the company DIGITICK SA, which has a capital of 290,482.40€, is entered in the trade and companies register of Paris under number 453 942 948, and whose registered offices are located at: 12 rue de Penthièvre 75008 Paris
« Site » : refers indiscriminately to the zepass.com website accessible at www.zepass.com and all the zepass mobile applications accessible on tablets and smartphones. The site is a platform which connects buyers and sellers of tickets. The site includes infrastructure as well as content, notably texts, sounds, fixed or animated images, videos and databases.
« Partner sites » : refers to all websites and mobile applications used by zepass to circulate ticket sale offers presented by sellers.
« User » : refers to any physical or legal entity that uses the site to look for a ticket, create an alert, place a advert for a ticket resale, consult a advert and/or make a purchase and, in general, any individual who accesses the site.
« Buyer » : refers to any user who uses the site to contact a seller in order to buyer one or more tickets from the latter.
« Seller: refers to any user who uses the site to present offers for the sale of one or more tickets.
« Ticket/tickets : refers to a ticket or tickets for transport, events (e.g. shows, concerts, theatres, festivals), sports or recreation activities sold by a seller via the site.
« Face value of the ticket : refers to the value attributed to the ticket by its issuer, which is printed on the back of the ticket. The ticket is considered invalid if it does not have a face value.
« Resale price of the ticket: refers to the resale value chosen by the seller for the ticket, with the proviso that, in accordance with applicable French legislation (law of 27 June 1919), this resale price does not exceed the face value of the ticket under any circumstances.
« Issue cost: refers to the amount paid by the buyer of a ticket in addition to the ticket resale price in order to cover costs incurred for exchanging and issuing the ticket: operational costs for securing exchange between one party and another or the postal costs.
« Processing costs: refers to the amount paid by the buyer of a ticket in addition to the ticket resale price in order to cover the cost of operating the zepass secure platform.
« Total ticket resale price: refers to the total amount paid by the buyer of one or more tickets and includes the ticket resale price and the issuing and processing costs associated with the purchase and the price of any options selected by the buyer upon placing the order.
« Premium subscription: » : refers to any subscription formula taken out on the site, subject to accepting specific subscription terms.
3. OPERATION OF THE SITE
The site is a platform intended to create links between sellers and buyers with a view to the resale of tickets.
The site allows users to:
- search for second-hand tickets which are being sold by sellers;
- create email alerts based on their specific search criteria so they can be informed about ticket availability.
- publish ticket resale adverts anonymously,
- update their ticket resale adverts anonymously,
- promote their ticket sale adverts on the site as an option,
- grant zepass authorisation to collect the resale price of their tickets in their name and on their behalf and to deal with complaints lodged by buyers.
Zepass does not sell tickets. The company acts as a advert host. The sale contracts concluded via the site are therefore concluded directly between the buyer and the seller. Zepass can therefore not be considered as a ticket seller under any circumstances and will not incur any liability in this respect.
4. SITE REGISTRATION
All new users must complete a registration form in which certain essential information must be entered before they can publish a advert. All registrations accompanied by an incomplete file or incorrect and/or unrealistic information can be cancelled by zepass without compensation or warning or may be prevented from publishing adverts or accessing functionalities reserved for registered users.
Users must choose a unique, personal ID and password at the time of registration, which they agree not to transfer or communicate to any third party. The user's ID will serve as a pseudonym when using the site and may thus be accessible to the public.
Therefore, the user agrees not to select an ID which could violate third party rights. The user should not, for example, use an ID which violates an intellectual property right, registered trademark, corporate name or patronymic name.
The user also agrees not to duplicate his/her registration without the authorisation of zepass and not to attempt to create false exchanges or fictitious transactions on the site under penalty of the immediate suspension of his/her accounts and associated rights. All transactions carried out between two accounts generated and/or used by the same individual or individuals who cannot be dissociated (members of the same family, same household, etc.) will be considered to be fictitious transactions under this article.
5. TERMS AND CONDITIONS GOVERNING THE USE OF THE SITE
All users must be over the age of 18 or must use the site under the responsibility of an adult.
It is hereby specifically stipulated that, in order to use the site, adverts must be compiled, presented and published by sellers on this online site on an independent basis. Zepass is not involved in compiling adverts at any point. The fact that titles and layouts of adverts are formatted automatically by the site does not mean zepass is involved in their compilation.
zepass can therefore not be held responsible under any circumstances for the content or inaccuracy of information contained in adverts presented on the site, insofar as these adverts have been compiled by users under their own responsibility
Users are responsible for using the information provided on the site with caution and for performing all necessary checks under their exclusive responsibility.
5.1. Terms and conditions governing use of the site by sellers
Sellers can use the technical solution provided by the site to offer tickets for sale on an occasional basis. This cannot be their main business activity unless they have registered with zepass as a professional seller (see paragraph 5.1.1 of this document).
- to copy the exact face value of the ticket that is being sold, failing that, the original ticket price, which is understood to be the price set by the issuer in the field designated for the purchase price,
- to answer all questions received from buyers in relation to their advert within a reasonable period,
- to issue a ticket which corresponds to the detailed description accompanying the advert published on the site, excluding any defects which could prevent normal and simple use. IN THE ABSENCE OF THE ABOVE, THE CIVIL AND CRIMINAL LIABILITY OF THE SELLER WILL BE INCURRED
- not to offer tickets for sale for a higher price than their face value,
- to update their advert immediately or to remove it if there is an amendment to one of the essential features (price, description, availability).
All sellers hereby declare, certify and guarantee that they comply with all applicable legal (including contractual) obligations and, in particular, that their use of the site does not violate any legal or statutory provisions or any contractual stipulations. The seller will remain solely liable for all violations concerning one of their legal or contractual obligations.
5.1.1. Professional sellers
188.8.131.52. Definition of a professional seller
Ticket resale activities can only be considered as a professional activity if they generate regular income irrespective of whether it is a main or secondary activity.
Professional sellers will be specifically highlighted on the site by placing a « Pro A » logo on their adverts and public profile.
184.108.40.206. Obligations of professional sellers
Sellers who are involved in ticket resale activities on a professional basis are obligated to provide this information to zepass using a contact form provided on the site, and to provide evidence of their legal status. However, zepass reserves the right to not agree contracts with professional sellers
Professional sellers are governed by specific sales terms. These terms will be provided upon request to all sellers that wish to present themselves as a professional
If the professional ticket resale activity is a main activity, the professional seller must be able to prove that he/she has approval from the organisation that issues these tickets to sell or resell tickets presented on the site.
Zepass can ask all sellers who are clearly involved in reselling tickets on the site in a professional capacity to register as professionals if they have not already done so and to accept specific sales obligations and terms. If they refuse to do so, zepass reserves the right to suspend the seller's account in accordance with paragraph 7 of this document.
Professional sellers agree to respect all legal obligations that apply to remote selling activities, notably in relation to tax and social security. In particular, they agree to send invoices to buyers upon request.
5.1.2. Publication and compilation of a advert
adverts must be written by sellers in French.
The adverts must:
- relate exclusively to valid, authentic tickets which have already been issued and are held by the seller, and must exclude stolen, named or transferable tickets,
- include a description which must be detailed and consistent with the proposed ticket,
- present the same ticket for the entire duration of the publication,
- only include elements (such as visuals) for which the seller possesses all necessary rights or authorisations, notably copyright, reproduction rights, etc.,
- contain a photograph of the ticket (with the exception of electronic tickets).
The adverts must not:
- contain personal details (notably name, telephone number, email address, Website, etc.) in the section reserved for the advert description or in photos,
- contain false or misleading information,
- present content of an illicit nature or include details constituting justifications for crimes against humanity, incitement to racial hatred, child pornography, incitement to violence and human rights violations.
If applicable, zepass reserves the right:
- not to publish a advert on the site,
- to check the IP addresses used by the seller and request supporting documents,
- to block access and/or remove the site (without compensation) as soon as it becomes aware of adverts of an illicit nature in accordance with the legal obligations,
- to remove sellers whose adverts give rise to more than two complaints (see paragraph 5.2.5 of this document),
- to suspend adverts which have been notified as fraudulent or inaccurate without warning or compensation.
5.1.3. Circulation of adverts
By publishing a advert on the site, the seller agrees to its circulation both on zepass and its partner sites. In terms of circulation to partner sites, the seller agrees to transmit his/her personal data to the latter solely for the purpose of putting them in contact with potential buyers, and excludes all other sales promotions.
If the seller wishes to obtain a list of partner sites or would like his/her personal data to be provided to the latter, he/she can make such a request by completing the contact form provided on the site or by sending an email to the following address: DIGITICK, Service Clients, Le Silo - 35 Quai du Lazaret 13002 Marseille (France).
adverts are made available to the public on zepass and its partner sites after an exclusive consultation period reserved for certain users or holders of a premium subscription (see Specific Term of Use for Subscription ), which the seller specifically accepts by validating publication of his/her advert.
5.1.4. Promoting a advert
220.127.116.11. Subscription and operation of promotions
The seller can subscribe to one or more promotions when publishing his/her advert online, in order to enhance its visibility on the site. Subscription for promotions is optional.
The seller can choose between several levels of promotion for his/her advert, which propose different arrangements and different prices. The level, price and duration of each promotion can be found in the second stage when publishing a advert.
If a seller subscribes to an option for promoting his/her advert, this will not in any way guarantee ticket sales, as the site simply agrees to apply the available promotion service selected by the seller, for the intended purpose and for the concerned duration.
The seller should realise that, in case of multiple promotion reservations, his/her advert may be displayed alternately with competing adverts in exposure areas intended for promotions. This rotation will be defined randomly using a digital algorithm and the exposure areas will be updated twice every hour.
18.104.22.168. Invoicing for promotions
Subscriptions for a promotion will only be invoiced if the site actually sells at least one ticket for the advert corresponding to the concerned promotion. If no tickets have been sold by the end of the promotion's validity period, the seller will not be charged for the promotion.
The seller should realise that if he/she subscribes to several different promotions for the same advert, he/she will be invoiced for each promotion is at least one ticket is sold. If the advert refers to several tickets, invoicing will take place as soon as the first ticket in the advert has been sold by debiting the personal payment area when the ticket resale price is credited (see paragraph 22.214.171.124 of this document).
5.1.5. Price adjustment service
126.96.36.199. Subscription to and operation of the price adjustment service
The seller can subscribe to a price adjustment service if this option is proposed by zepass when a concert, festival, show or theatre advert is published online.
The price adjustment service, when activated for a advert, automatically reduces the ticket resale price in stages as the date of the listed event approaches. However, the final ticket resale price cannot be lower than a minimum amount determined by the seller when the advert is published online.
The reduction stages are determined automatically using a digital algorithm which takes into account (not exhaustive) competition with other adverts for the same event, the time remaining for the event or the minimum price chosen for the advert by the seller.
If the seller subscribes to the price adjustment service, this will not under any circumstances guarantee the sale of his/her ticket and the site simply agrees to make regular, automatic changes to the ticket resale price in the run-up to the event.
188.8.131.52. Invoicing for the price adjustment service
Subscriptions to the price adjustment service will only be invoiced if the site sells at least one ticket for the advert that corresponds to the service and only if this sale is the result of reducing the ticket resale price via an algorithm. The service will be invoiced at a rate of 5% of the final ticket resale price.
If a ticket is not sold by the site by reducing the ticket resale price via an algorithm, the seller will not be charged for the price adjustment service.
5.1.6. Duration of a advert
5.1.7. Ticket resale price
The ticket resale price is defined freely by the seller who must, however, agree not to set a price which is higher than the face value of the ticket.
The indicated resale price of tickets excludes any issuing costs, processing costs and any optional costs, e.g.: Express service agreed by the buyer when the order is placed. The exact amount for issuing costs, processing costs and any optional costs will be mentioned to the buyer when his/her shopping cart is validated.
5.1.8. Effects of sale
184.108.40.206. Role and commitment of zepass
At no time does Zepass possess the tickets proposed by sellers. It is not party to any contracts or agreements which may be signed between users. It cannot guarantee, under any circumstances, that users possess legal authority or capacity for their actions, nor can it guarantee the accuracy of information provided by users who are acting on their own behalf and under their own responsibility.
220.127.116.11. Ticket delivery
The seller must select the accepted delivery method/methods in the advert, from the following options:
- sending by email for electronic tickets (free),
- sending by simple letter (1,05 €),
- sending by tracked letter (2,16 €),
- sending by registered letter with acknowledgement of receipt - R1 (5,35€),
-sending by registered letter with acknowledgement of receipt - R2 (6,05€),
- sending by registered letter with acknowledgement of receipt - R3 (7,10€),
- personal delivery (0,50€).
If items are sent by post, the seller can only offer delivery by simple letter without tracking. If the seller wishes to offer this delivery method, he/she must propose at least one other delivery method so the shipment can be tracked.
The ticket will be shipped at the risk of the seller unless the buyer has chosen to send the ticket by simple letter without tracking. In this case, the buyer is solely responsible for the risks associated with sending the ticket.
18.104.22.168. Payment of the price to the seller
Zepass offers the seller a personal payment area where the resale price and any issuing costs for sold tickets will be registered once receipt of the tickets has been confirmed. Any subscribed promotions or optional services agreed when the advert was published (e.g.: price adjustment) will then be deducted from this total. The seller can consult the value and details of transactions at any time in the payment area section of his/her member area.
Zepass is not involved during the sale process but only after the sale has been concluded. Zepass is involved as a representative of the seller for the purposes of:
- collecting the total resale price of the ticket by any means,
- registering the amount that corresponds to the resale price of the ticket and any issuing costs in the personal payment area,
- receiving potential complaints from buyers.
as soon as the seller's personal payment area is in credit, the seller can request zepass to make a transfer to his/her personal bank account at any time. This transfer will be made free of charge. However, if the seller makes an error in the details of the credited bank account (e.g. omission of certain characters from the banking details or specification of a closed account), and this results in the transfer made by zepass being rejected, a second transfer will be made for which an administrative fee of five (5) euros will be applied.
Zepass will make transfers on the 1st, 10th and 20th of every month at least one day after the date on which the transfer request is made by the seller. For example, a transfer request received on the 19th of the month will be executed on the 20th of the same month. A transfer request received on the 20th of the month will be executed on the 1st of the following month. When choosing the transfer request date, the seller should take into account interbank deadlines and constraints which could lead to the actual receipt of the transfer in his/her bank account being confirmed several working days after its execution, without any responsibility being attributed to zepass.
5.2. Consultation of adverts by users and creation of links
5.2.1. The user would like additional information from the seller
If the user would like additional information about a advert from the concerned seller, he/she should contact the seller by clicking on the Ask the seller a question link located in the advert itself.
The user will have to log in or create an account in order to access this functionality.
The user should not enter his/her personal details (notably name, telephone number, email address, Website, etc.) in the section reserved for his/her questions when using this functionality. The user should only enter the details mentioned on the ticket (such as its category, validity date or availability). The question, and any answer provided by the seller, are public and will be published in the advert.
This functionality does not allow users to obtain the seller's details in order to purchase the ticket
5.2.2. The user wishes to be notified when a advert is published online
If the user wants to be notified about a advert, which meets certain search criteria, being published online, he/she can create an email alert on the site by specifying his/her personal criteria.
A non-priority email alert can be created free of charge. The user must identify alert frequency preferences when creating the alert. If the user chooses to receive one alert per advert, he/she will receive a new email with each new advert that matches his/her search criteria. If the user chooses to be alerted daily, he/she will receive a single email that contains all adverts which are less than 24 (twenty-four) hours old and match his/her search criteria.
If the user creates an email alert on the site and receives an alert for a advert that matches his/her search criteria, this is not accompanied by preferential rights to purchase the ticket mentioned in the alert. In particular, the site cannot guarantee actual availability of the ticket when the user logs in to consult the advert for which the alert was issued. In any case, the site does not agree to alert the user within a minimum period. Considering the specific technical features of Internet and mobile networks, zepass cannot guarantee that sent alerts will correctly reach the user.
Alerts will be sent to users in the manner indicated in their profile. Users with a premium subscription will receive priority alerts before other users (see specific subscription terms).
5.2.3. The user would like to purchase a ticket
Users that want to purchase a ticket from a seller must click the "Add to cart" button located in the ticket resale advert.
Users can add several different tickets offered by several different sellers to the same cart.
To pay for items in the shopping cart, users must:
- Select the ticket issue method and validate the cart (step 1)
- Enter his/her ID or create an account (step 2)
- Pay for items in the shopping cart using a secure payment method by bank card via Paybox (step 4)
The seller must then accept the sale and send the ticket (step 5), the user must then acknowledge receipt so the seller can be paid (step 6)
22.214.171.124. Step 1 - Validation of the shopping cartBefore validating the shopping cart, users must check its contents and select the ticket issue method, while paying particular attention to the date on which the ticket is to be used. The cart will show the ticket or tickets added by the user and their resale price, processing costs and any associated issuing costs.
Specific case of express service
Before moving onto the next step, users may - depending on the characteristics of the order - be given the chance to subscribe for an "express service" option. This optional service guarantees a response to purchase proposals within a maximum of 2 hours instead of 24 hours, as with the normal service (see paragraph 126.96.36.199 of this document). If the seller has not accepted the sale within this period, it will be automatically cancelled.
As part of the express service, once payment has been made by the buyer, several SMS messages indicating the urgent nature of this order will be sent to the seller, in addition to normal notifications, until the 2 hour period has expired.
The cost of this option, which is mentioned when subscription is proposed, must be paid to the site regardless of the outcome of the sale in order to cover costs incurred during the order (bank charges for payment authorisation and cancellation, SMS communication costs with the seller, in particular) on the one hand, and any loss of income associated with cancelling the sale if the seller has not had time to access a computer to accept the proposal, on the other.
188.8.131.52. Step 2 - Logging in or registering
184.108.40.206. Step 4 - Payment
All payments can only be made via bank card.
To pay for items in their shopping cart, depending on secure 3D payment activation, users:
- must enter their bank card details on the secure page,
- will be redirected to the secure payment interface via Paybox.
They can make sure the payment is secure by checking that the security icon is present in the browser (generally in the form of a padlock).
The payment includes:
- the resale price of the ticket set by the seller when the advert was placed online or amended,
- issuing costs, which are determined by the issue method chosen by the user from the methods proposed by the seller,
- processing costs, which are calculated based on the total order amount,
- the price of any options (e.g.: express service) subscribed to by the user when the order was placed.
If payment is made correctly, the user will be redirected to a page which summarises his/her payment. The bank account will not be debited at this stage, the site will simply retain an authorisation request.
220.127.116.11. Step 5 - Acceptance or refusal of sale by the seller
As soon as the user has paid for the items in his/her cart, zepass will send a purchase notification to the ticket seller via email. The seller is then granted a period of 24 (twenty-four) hours to confirm the sale of the ticket/tickets or 2 (two) hours in case of the express service (see paragraph 18.104.22.168 of this document).
If the seller refuses the sale or fails to respond within this deadline, the sale will not be concluded, the user's bank account will not be debited and the seller's advert will be permanently removed from the site without the latter being entitled to any notice and/or compensation, unless the express service was selected. In the latter case, the cost of this option must be paid to the site (see paragraph 22.214.171.124 of this document) and is thus debited from the buyer's bank account (excluding any other costs) and the advert will not be removed from the site if the seller did not have time to access a computer within the shorter 2-hour period.
If the user's shopping cart contains several ticket proposals from several different sellers, each seller must agree to their sale in accordance with the terms defined above. If certain sellers refuse their sale, these and only these sales will not be concluded, the user's bank account will not be debited for the equivalent amount and the adverts of these sellers will be permanently removed from the site by zepass without said sellers being entitled to any notice and/or compensation whatsoever.
126.96.36.199. Step 6 - Confirmation of ticket receipt
(i) Effects of confirmation of receipt
The user must confirm receipt of the ordered ticket or tickets.
Confirmation of receipt for the ticket or tickets:
- automatically results in (a) the seller's personal payment area being credited with the amount that corresponds to the ticket resale price and any issuing costs and (b) an invoice being sent for any selected subscriptions (?).... (Something missing here in the original version) - allows users to rate the purchase in order to inform other users about the reliability and seriousness of the seller. The rating is awarded to a pseudonym and should be followed by - final closure of the sale, which means the user can no longer present a complaint, appeal to the mediation service or request reimbursement for the purchase.
The rating allocated by the user, and the accompanying comments, will be published on the seller's "Public Profile" page
In accordance with the provisions of law n°78-17 of 6 January 1978 concerning data protection, the seller will be granted the right to access, amend and publish this information
(ii) Terms for confirmation of receipt
If tickets are sent to the user, the latter will be granted a period of 21 (twenty-one) days from the sale being accepted by the seller (step 5) to confirm receipt of the ticket or tickets after verifying conformity with the seller's original advert. If the user does not make this specific confirmation of receipt within this period, receipt will be confirmed tacitly on the 22nd day of the sale being accepted unless a complaint is lodged by the user (see paragraph 5.2.5 of this document).
If tickets are delivered in person, the user will receive a secure code consisting of 8 (eight) characters prior to delivery once the sale is accepted by the seller.
At the same time, the seller will receive an extract of the said secure code by email (4 of the 8 characters that are part of the code).
If the user and seller meet for the ticket to be delivered in person, the user must provide his/her secure code to the seller, who must check that this code includes the 4 characters sent to the latter by email. This verification will guarantee the payment. After the exchange, the seller must to connect to the site and enter the secure code (in full) provided by the user into his/her account, which will automatically trigger confirmation of receipt. If the seller fails to enter the full secure code or if there is no specific confirmation of receipt by the user within the specified deadline of 21 (twenty-one) days of the sale being accepted, receipt will be confirmed tacitly on the 22nd day following acceptance of the sale unless a complaint is lodged by the user (see paragraph 5.2.5 of this document).
5.2.4. The user wants to cancel a purchase
It is only possible for users to cancel a booking prior to the sale being accepted by the seller (step 5).
To cancel a booking prior to the sale being accepted by the seller, the user must go to the "My purchases" section in his/her member area, select the concerned transaction and click on the link "Cancel the transaction". The payment will be automatically cancelled, excluding processing costs and the price of a potential express service subscription (see paragraph 188.8.131.52 of this document), and the user will receive a bank cancellation ticket by email within the next few days. The seller will receive a notification email confirming this cancellation and the ticket will be automatically put back on sale.
5.2.5. Complaints and right of withdrawal
The user can lodge a complaint about a purchase provided that the seller has confirmed the availability of the ticket/tickets on sale (step 5) and the maximum deadline of 21 (twenty-one) days for confirming receipt has not expired. Complaints will not be accepted once this deadline has expired.
The user must mention grounds for the complaint upon submission and the site customer service team reserves the right to contact the user and seller at any time in order to initiate mediation. The user and seller will do their utmost to settle the complaint in an amicable manner and thus make sure the interrupted sales process is resumed as soon as possible.
If complaint settlement results in the user being reimbursed, processing costs will nevertheless be retained by the site to cover its mediation service and the price of any options subscribed when the order was placed (e.g. the express service).
184.108.40.206. Right of withdrawal
In accordance with Article L.121-20-4 of the consumer code, no right of withdrawal can be applied to ticket purchases via this site.
6. PROTECTION OF PRIVACY
6.1. Personal data
6.1.1. Collection of personal data
In certain circumstances, the user may provide data of a personal nature.
Personal information that enables identification (e.g. surname, first name, address or email address) may be collected, namely via identification forms.
The site compiles with French standards relating to the protection of privacy and personal data, and notably law n° 78-17 of 6 January 1978 concerning data protection, amended by law 2004-801 of 6 August 2004.
The site has been registered with the CNIL (national commission for information technology and civil liberties) under number 1013014.
6.1.2. Purpose of processing
The collected personal data processed automatically and intended for use on the site.
Some of the information provided on these forms is compulsory in order to access certain functionalities on the site. It may also be used by the site to display personalised content or present commercial offers relating to certain products and services on the site.
Information and data concerning the user are also needed to process and monitor orders, and to manage transactions. Information and data are also retained for security purposes and in order to comply with legal and statutory obligations concerning data retention.
6.1.3. User consent
Users may, if they so desire, tick the corresponding box to authorise the company Digitick and its partners to send information letters and recommendations via email.
6.1.4. Data recipients
Technical service providers with whom Digitick is contractually bound, who agree to respect strict confidentiality (payment platform, host), may access this data when processing and monitoring orders.
Digitick's partners may also access personal information within the user's agreement in accordance with that stipulated in Article 6.1.3 above.
6.1.5. Rights of opposition, access, correction
In accordance with the above-mentioned amended law of 6 January 1978, the user will be granted the right to access, correct and delete his/her personal data by completing the contact form provided on the site or by writing to the following address: SOCIETE DIGITICK - Service Client, 35 quai du Lazaret, le Silo, 13002 Marseille.
In accordance with applicable regulations, the letter must be signed and accompanied by a photocopy of an identity document bearing the customer's signature and indicating the address to which the response must be sent.
6.2. Cold calling opt-out system
The site is required to collect user telephone numbers when an account is created and/or a ticket order is placed on the site.
These numbers are collected solely for the purpose of order management and commercial relations, in accordance with that stipulated in Article 6.1.2. Without prejudicing the information provided above, it should be pointed out that users may ask to be included in a cold calling opt-out list which must be kept by all professionals, with the exception of those with whom they have already concluded a contract.
6.3. Non-personal information
Personal information (e.g. country, connection times, browsing activity on the site) is also collected about how the user accesses and uses the site, in addition to technical information (e.g. type of Internet browser, type of operating system, service providers, pages visited, IP address of used computer).
This non-personal information is not intended to identify the user. It is collected automatically when the user connects to and uses the site by means of
a) His/her IP address (Internet Protocol),
b) Cookies (files transferred to the hard disk of the user's computer) which optimise browsing activity on the site and help to collect the non-personal information referred to above.
Cookies are also used when the user accesses reserved or secure areas on the site or areas with limited access.
This data is essentially intended for statistical purposes to obtain information about site visits and usage.
7. SITE COMMITMENTS
The site is a platform for communicating and exchanging information from Internet users so sales contracts can be agreed directly between sellers and buyers, subject to availability of the ticket presented for sale.
The site simply acts as a host for ticket sale adverts and cannot be challenged about the content of these exchanges or any repercussions in any form whatsoever.
The site uses statistical tools to do its utmost to prevent users from using site functionalities to set up parallel businesses, but cannot offer guarantees in this regard.
The site does not possess the tickets proposed by sellers at any point. It is not party to any contracts or agreements which may be signed between users. Under no circumstances does it guarantee that users have legal capacity or authority for their actions, nor does it guarantee the accuracy of information provided by users, who act on their own behalf and under their own responsibility.
The site reserves the right to carry out random, periodic verifications concerning the accuracy of information provided by a user concerning his/her identity or the tickets made available for sale
The site reserves the right to consult any information provided by a user during the use of its services.
The site reserves the right to block any suspicious zepass accounts without compensation or warning.
The site can carry out technical maintenance activities at any time in order to improve service performance.
8. LIABILITY - GUARANTEES - APPLICABLE LAW
Zepass cannot be held liable for any direct of indirect damage, losses or expenses associated with using the site or the inability to use the site due to malfunctions, processing-related interruptions, technical faults in the site hosting server, interruptions in Internet access or any other reason, such as problems concerning viruses, connections and systems.
The site does not guarantee permanent access to its services, notably during maintenance operations.
Zepass is a third party in the sales contract concluded between the buyer and the seller. Therefore, it cannot be held responsible for:
- the content of adverts published on the site by sellers,
- the ticket not complying with the description provided by the seller in the advert published on the site,
- the seller not being the legitimate owner of the listed ticket,
- failure to conclude a sale,
- absence of confirmation of receipt by the buyer,
- failure to issue the ordered ticket.
Zepass cannot offer buyers any guarantees that their orders will not be cancelled by the seller or that the ordered ticket will correspond to their expectations.
Zepass cannot offer sellers any guarantees that the buyer will not issue a complaint.
Zepass cannot guarantee permanent access to its site and services, notably during maintenance operations.
8.3. Applicable law
The use and operation of the site are governed by French law.
9. USE OF THE INTERNET NETWORK
9.1 Security of the Internet network
Considering the risks associated with specific technical features of the Internet network, zepass cannot guarantee that information exchanged via its site will not be intercepted by third parties and that the confidentiality of these exchanges will be fully guaranteed.
9.2 Warning concerning links to external sites
The site contains hypertext links and other promotional formats (logos, banners, videos, etc.) which connect to other third party Websites. Zepass cannot be held liable for the content of these sites and the fact that these sites appear on its Website in no way invokes the liability of zepass.
Zepass cannot offer any guarantees concerning:
- the accuracy, topicality, quality, completeness and exhaustiveness of content on the indexed Websites,
- the relevance and exhaustiveness of the indexed Websites,
- access and operating difficulties associated with these Websites.
Therefore, zepass cannot be held liable in the case of disputes with a commercial site indexed on the Website and one of its users. The operators of commercial sites listed by zepass are solely responsible for complying with all regulations that apply to the products and services offered to Internet users and, notably, laws and regulations relating to:
- remote selling,
- consumer protection,
- false or misleading adverts,
- the conformity of products and services,
- specific regulations concerning the products and services in question.
9.3 Protection of individuals and property
Site users acknowledge that zepass wishes to promote fair use of the Internet network which is consistent with good moral values. The user thus agrees not to use the site for illicit purposes and notably not to circulate messages or information, irrespective of their form or nature, which:
- breach public order or good moral values,
- breach respect for privacy,
- are of an insulting, defamatory, racist, xenophobic or revisionist nature, which violate the honour or reputation of another individual or which incite discrimination or hatred,
- are a threat to an individual or group of individuals,
- are pornographic or paedophilic in nature,
- incite criminal activity, offences or acts of terrorism or justify war crimes or crimes against humanity,
- incite suicide,
- violate legislation governing secrecy of correspondence or, in general, are contrary to applicable laws and regulations.
The user also agrees:
- not to use the services proposed by zepass or the personal data which he/she may access when establishing links for commercial purposes and, in general, proposing paid products and services - not to restrict use of the zepass site in any way whatsoever and not to falsify any references or elements on the site,
- not to infiltrate IT systems and not to alter their content or commit any crimes punishable under Articles 323-1 to 323-7 of the criminal code ("hacking"), and not to send (Something missing here in the original version) - not to extract content from the zepass Website and its database (notably texts and images) using e.g. automated programs (like crawlers).
In any event, zepass hereby confirms that, in its capacity as advert host, it cannot be held liable for the information published on the online site by users.
9.4 Illicit content
Anyone wishing to notify zepass about illicit content or information can do so by sending a detailed letter to DIGITICK, Service Clients, Le Silo - 35 Quai du Lazaret 13002 Marseille (France).
In accordance with Article 6-I-5 of law n° 2004-575 of 21 June 2004 concerning confidence in the digital economy, the said notification must mention all the information listed below:
- the notification date,
- the identity of the notifying party: surname, first name, profession, address, nationality, date and place of birth,
- the name and address of the recipient,
- a description of the disputed facts and their precise location (e.g. URL of the disputed advert),
- the grounds on which the content should be withdrawn, including reference to legal provisions and a justification of the facts,
- a copy of the correspondence sent to the author or editor of the disputed information or activities, requesting their cessation, withdrawal or amendment or evidence that the author or editor could not be contacted.<
Furthermore, in accordance with Article 6-I-7 of the law of 21 June 2004, zepass will provide users with an easily accessible, visible system which enables anyone to notify it about illicit data, concerning the justification of crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, violation of human dignity, etc.; by sending a detailed letter to a DIGITICK, Service Clients, Le Silo - 35 Quai du Lazaret 13002 Marseille (France).
10. INTELLECTUAL PROPERTY
Certain elements (notably editorials, graphics and illustrations) featured on the zepass site are protected by copyright and intellectual property rights, and are the property of zepass and/or third parties who are contractually linked to zepass and who hold intellectual property rights to the site. In accordance with the intellectual property code, they can only exploited for private purposes unless the intellectual property code contains more restrictive clauses. Any other kind of use, notably use constituting forgery, may be liable to sanctions stipulated in the intellectual property code. Reproduction, even partial, of site content is strictly prohibited without prior consent from zepass.
More generally, any circulation, reproduction, representation, adaptation or alteration - in part or in its entirety - of the site or any of its elements is prohibited.
All partial or complete copies, particularly for advert purposes, are prohibited. Any other kind of reproduction, distribution or publication is prohibited and may incur the civil and/or criminal liability of the author (Article L. 335-2 et seq. of the intellectual property code).
11. USER SUPPORT
The contact form on the site can be used to contact the site's user support team to answer any questions.