GENERAL CONDITIONS OF USE E-SHOWCASE SECTOR-BASED PLATFORMS FOR USERS
Last updated: January 2022
4.3 Creation and configuration of User Accounts.
5.1 Responsibility for the data provided.
5.2 Eligibility criteria for User Businesses.
6- PARTNERS AND SELLER BUSINESSES.
8- INTELLECTUAL PROPERTY RIGHTS – TRADEMARKS.
9- DURATION – EFFECTIVE DATE – TERMINATION.
12- ETHICS / GOOD PROFESSIONAL PRACTICES.
18- AGREEMENT IN RELATION TO PROOF.
20- APPLICABLE LAW / JURISDICTION CLAUSE.
As part of the international development of French businesses, and the promotion and international attractiveness strategy laid out by the Ministry for the Economy, Finance and the Recovery and by the Ministry for Europe and Foreign Affairs, in association with the main public key players in economic development, namely the Regional Authorities, Chambers of Commerce and Industry, Bpifrance and Business France, the Team France Export (TFE) system has been set up, in order to create a one-stop-shop for exports created by physical teams from across the regions and business representatives, which is equipped with digital tools.
The purpose of this system is to help businesses wishing to expand their export activity, in particular by providing information and targeted content according to their project.
Supported by the State and the Regional Authorities as part of the Export Recovery Plan, the sector-based E-showcases (Food, Cosmetics and Wine & Spirits) constitute a new TFE offer, intended for French businesses active in these markets and wishing to increase the visibility of their products to foreign buyers.
2- PURPOSEThe purpose of the General Conditions of Use is to define the conditions under which Users access the E-showcase Platform to consult or supply data and to set the general principles of use within the framework of their professional activity.
3- DEFINITIONSWords and expressions beginning with a capital letter, singular or plural, are used herein, including the foreword with the following meaning: Administrator / Business France: Supplier and producer of digital tools for the E-showcase Platform. The Business France Administrator takes the initiative and the risk of the corresponding investments. The Business France Administrator has access to an administrator account allowing them to set up and configure or perform actions on User Accounts, according to User Profiles. Database: Collection of data and content, arranged in a systematic or methodical manner, and individually accessible on E-showcase Platforms. General Conditions of Use: Contract between the Administrator and any User concerning the use of the E-showcase Platform. User account: Virtual space created by the Administrator at the request of Users, for access to certain products and services. Data: Documentary base, directories and all content of Sellers, Buyers, Partners and Providers raised in the platforms.
Vendor data (French businesses): Any identifying information of a User Selling Business, private individual or corporate entity, provided by the Business. Buyer data (foreign businesses): Any identifying information of a Foreign User Business, private individual or corporate entity, provided by the Business. Personal data: Data as defined by the General Data Protection Regulation no. 2016/679 of April 27, 2016 (GDPR), applicable since May 25, 2018. User Selling Business: Economic operator identified by a SIRET number, implementing an international development project and user of the E-showcase Platform for the sale of its products. User Buying Business: Foreign economic operator wishing to get in touch with a Selling Business (supplier) on the E-showcase Platform.
Public or private operators with which User Businesses can be put in touch via the digital channel represented by the E-showcase Platform.
Free consultation websites intended for French businesses to help them export, by giving them access to a platform to present their products, and by putting them in touch with foreign buyers.
The Platform systematically refers to the three E-showcase Platforms, which are subject to the same General Conditions of Use.
Software tools, operated by Business France on behalf of Team France Export, allowing the collection, organization and securing of the necessary data, on the one hand for the creation and supply of the Database, and on the other hand, to the functioning of the International CRM.
All people with access to E-showcases, for purposes that fall within the scope of their professional activities according to their profile: Sellers, Buyers, Partners and Service Providers.
4- PRIOR INFORMATIONThe legal notices relating to the Platform can be viewed on the site under the “Legal Notice” tab to which it is referred, and which form an integral part hereof.
4.1 AdministratorThe Administrator manages access requests, defines the User and sets up User Accounts. It is responsible for maintenance, outsourcing, and handles the processing of Users’ requests. It guarantees the homogeneity and consistency of the Platform as a whole, with the exception of the content provided by the sellers who feed the Platform. Business France is the Webmaster of the Platform and receives correspondence through the various addresses: https://choosefrance-cosmetics.com/fr/contact/; https://tastefrance-food.com/fr/contact/; https://tastefrance-wineandspirits.com/en/contact
4.2 Hardware pre-requisitesThe User acknowledges respecting and having, under their responsibility, the necessary elements for access to the Platform and the use of its content, consisting of a high-speed internet connection, a recent and updated operating system, sufficient free space on its hard drive, hardware, an operating system and a browser allowing access to the Platform, as well as a valid email account. The User agrees to use their equipment at their own risk and is responsible for the development or updating of the software necessary for the use of the Platform. The User undertakes to communicate all the mandatory documents allowing their identification as a User, within the requested deadlines.
4.3 Creation and configuration of User AccountsAccess to the Platform is free for its visitors and allows for the consultation of the data posted online. The scope of access to the Platform depends on the User profile. The creation of a User Account is accessible to the User Business for access to features that are specific to them. Access to certain services and functionalities of the Platform, such as: - The connection with a Seller or the request for samples, for the User Buying Business. - The management and administration of the product catalogue for the User Selling Business is done by registering on the Site by filling in all the mandatory fields appearing in the proposed forms. Registration is personal to each User who agrees to be contacted by the site by email or phone. Each User registers on the Platform, following the instructions provided online on the Platform and creates their password. The User must follow the following steps: complete the form, check the information given and possibly correct any errors, validate their account and follow the instructions. By making the confirmations, the User confirms their acceptance and the creation of the contract. The User then receives the subscription confirmation. Business France performs the functions of Administrator and sets up the User Account.
4.4 AuthenticationThe User accesses their User Account with their username and password. For all Users, the username and password are personal, non-transferable and confidential. Each User is responsible for the use made of their usernames and passwords. If the Client represents several Beneficiaries, they will only receive a single login and password as the main account. In this case, the Customer can either distribute the login names and passwords to each person receiving the service or use them themselves. In the latter case, they are then solely responsible vis-à-vis Business France for all the elements, information and other documents communicated on behalf of each Beneficiary.
4.5 Partner areaPartners have a space to present their services and actions. These spaces are created and managed by the Administrator.
5- USER BUSINESSES
5.1 Responsibility for the data providedThe User, Selling Or Buyer Business communicates its “Business” Data and its content under its sole responsibility. The User, Selling or Buyer Business is informed that a check is being carried out to validate its eligibility for registration on the Platform. The User Selling Business is solely responsible for the accuracy of the content it puts online and which conditions the quality of the solution provided to its project. The User Business guarantees that the data it puts online has been collected in accordance with the provisions of the General Data Protection Regulation no. 2016/679 of April 27, 2016 (GDPR), applicable since May 25, 2018. It is informed that it is solely responsible for the data posted online from its own collections.
5.2 Eligibility criteria for User BusinessesIn the case of User Selling Businesses, the criteria are specified in the General Conditions of Sale.
5.3 Data transmissionThe User Selling Business is informed that the “Business” Data that it puts online on the Platform: - Can be shared with the latter to satisfy their request for contact with a foreign buyer. - Is inserted into the international CRM. The User Buying Business is informed that the “Business” Data that it puts online on the Platform: - Can be shared with the latter to satisfy their request for contact with a French seller. - Is inserted into the international CRM. By posting its Data online, the User Business accepts the principle of this sharing and recognizes that it meets its interests and/or the legal or regulatory missions of one of the Partners.
5.4 Measuring satisfactionThe User Selling Business agrees to comply with the requirements of questionnaires and studies conducted by the Administrator in order to measure and improve the international development assistance policy as a whole, but in particular the E-showcase Platform.
6- PARTNERS AND SELLER BUSINESSES
6.1 Uploading informationEach Partner or User Selling Business undertakes to populate the Platform in a loyal and responsible manner and to use all of their skills and expertise to provide the Buyer with the answers to their questions.
6.2 Data reliabilityEach Partner or User Selling Business communicates its Data under its sole responsibility and is solely responsible for the lawfulness and reliability of the Data that it puts online and which conditions the quality of its offer. Each guarantees that the Data that it puts online has been collected in accordance with the provisions of the General Data Protection Regulation no. 2016/679 of April 27, 2016 (GDPR), applicable since May 25, 2018. They are informed that they are solely responsible for the Data posted online from their own collections.
6.3 ConfidentialityThe Partners or User Selling Businesses undertake to consider as strictly confidential all information of any nature whatsoever and on any medium whatsoever, transmitted by the User Buying Businesses, when using the E-showcase Platform. Respect for the confidentiality of Personal Data and Business Data is a condition of use of the Platform. Each User undertakes to respect, in a general and permanent manner, an obligation of confidentiality, discretion and professional secrecy with regard to the aforementioned Data, for which they take all useful measures for the purposes of implementing this obligation. Each Partner or User Selling Business undertakes to limit the sharing of the Data to which it has access, with third parties to which it can call upon in the exercise of its advisory mission, and to use its ability to share the Data in such a manner proportionate to the goals sought by the User Businesses. Each Partner or User Selling Business is prohibited from disclosing to any private individual or corporate entity, either directly or indirectly, the information of which it becomes aware in the context of the use of the Platform or from reproducing and/or using it, both for its own use and for that of third parties, for purposes other than those for the operation of the Platform. Each Partner or User Selling Business is also prohibited from disclosing to any other User Selling Business, either directly or indirectly, information concerning another Buying or Selling Business.
6.4 ResponsibilityCompliance with the obligation of confidentiality involves in particular ensuring that no third party is aware of the Data that a User Buying Business provides on the occasion of a request made by it. Third party means any entity outside the process of resolving the question asked, not affected by the question asked by the User Business or any other private individual or corporate entity. Each Partner or User Selling Business undertakes to transmit the confidential information received only to the members of its structure (including its members) and/or its staff, responsible for participating in the use of the Platform, who have been informed of the confidential nature of this information. Each Partner or User Buying Business is responsible for the actions of its staff and members of all kinds, as well as of its service providers or subcontractors. Each Partner or User Selling Business is solely responsible for the content or elements posted on the Platform. Business France guarantees that the selection/approval of User Buying and Selling Businesses is free from any irregularity with regard to the legal rules applicable to such procedures, in particular in terms of transparency and equal treatment.
7- ACCESS AND USE
7.1 AccessAccess to the Platforms is free for User Buying Businesses, paid by subscription for User Selling Businesses (subscription offered in 2021 as part of the Recovery Plan). A User Account is created for the benefit of the User Business, who requests it and who wishes to benefit from the associated services. A User Account cannot be accessible to a greater number of Users. The username and password of a User must not be shared with another person. If the User represents several Beneficiaries, they will only receive one login and password as the main account. In this case, the User can either distribute the login names and passwords to each person receiving the service or use them themselves. In all cases, they are then solely responsible vis-à-vis Business France for all elements, information and other documents communicated on behalf of each Beneficiary.
7.2 UseThe User undertakes to use the Platform and the information to which they have access only under the sole conditions defined by Business France. Each User agrees not to disrupt the use that other Users of the E-showcase Platforms may make, in particular not to access the spaces dedicated to other Users. The User agrees not to commit any act that could jeopardize the IT security of Business France or of other Users. The User agrees not to interfere with or interrupt the normal functioning of the Platform.
7.3 LimitationsAny use of the Platform and its Data for purposes other than those allowing export assistance, or having the object or effect, directly or indirectly, of favoring Users to the detriment of other Users is prohibited. Any use of the Platform that has not been expressly accepted by Business France is prohibited and the User is prohibited, and will not allow third parties, to: a) Take or lease, distribute, sub-distribute, license, reveal, disclose, or transfer in any way, including free of charge, access to or use of the Platform or its documentation to a third party, unless expressly authorized to do so by Business France. b) Copy, reproduce, change, adapt, reconstitute the logic of the Platform (subject to what is authorized under the rules of public order, disassemble it, translate it, integrate it, personalize it, try to discover its source code or reduce it in any way to a form perceptible by humans, modify it, or create derivatives based on all or part of the Platform or its related documentation or from any associated expertise or copy one of the characteristics, functionalities or one of the graphics of the Platform, with the aim of developing any software or similar solution or which could compete with the Platform for the duration of its legal protection. c) Delete or attempt to delete, remove, obscure or change any intellectual property notice or any other proprietary legend and legal notice, such as trademark or copyright notices, affixed or contained on the Platform or within it and in its documentation. d) Use the Platform for the storage and/or dissemination of defamatory, libelous, fraudulent, obscene or pornographic documents, or to infringe the rights of third parties, or in any unlawful manner, such as, without this list being exhaustive, send spam/unsolicited emails, produce forgeries, violate the security of systems or networks, and violate the rights of third parties. e) Use the name, logo or other trademarks relating to the Platform or belonging to Business France, unless expressly authorized in writing to do so by Business France. Business France alone remains authorized to adapt, modify, improve, correct the Platform or its documentation, without prior notification. All rights which have not been expressly granted to Users and Partners are reserved to Business France.
7.4 Limited warrantyBusiness France guarantees, during the period of use, that the Platform will function, as long as the Platform is correctly configured and used from a computer station that meets the minimum configuration criteria required. Business France does not guarantee that the Platform will meet all the needs and requirements that have been considered by the User, or that have motivated their choice. In addition, the User acknowledges (i) that they have received all the information allowing them to be well informed on the Platform, (ii) that the Platform may not be suitable for all the combinations that the User could choose, and (iii) that the operation of the Platform may not be without interruption or error, and that some errors may not be corrected or may not be correctable. Business France cannot be held responsible for (i) any faults resulting from inappropriate use or intervention on the Platform; and/or (ii) the use of the Platform with a component or the system of a third party that is not compatible or not certified by Business France.
7.5 ResponsibilitiesEach User and Partner is solely responsible for the use they make of the information and data exploited in the context of the use of the Platform and bears all the risks associated with this use. Each User and Partner remains exclusively responsible for the security of their data. The User agrees to Business France to notify it of any change relating to their email address and acknowledges that failing this, they will remain solely responsible for the consequences of any kind whatsoever that may result therefrom. Given the diversity of data sources concerning the User, the methods of their consultation and the deadlines for their transmission, Business France will do its utmost to guarantee the general quality of the information disseminated and its relevance. Business France will endeavor to carry out its operations relating to the Platform in accordance with the rules of the art. The User cannot hold Business France responsible for any delay in the information provided to them. The responsibility of Business France cannot be sought or retained in the event of temporary or total unavailability of all or part of the access to the Platform, of a difficulty related to the response time, and in general, of any performance defect. Business France cannot be held responsible for the inability to use the Platform. Business France cannot be held responsible for the quality of the service, the service being offered “as is”. Any disruption in the use of the Platform does not engage the responsibility of Business France. Business France cannot be held responsible for breaches of IT security that may cause damage to Users’ IT equipment and their Data. Business France cannot be held liable in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure to anyone of the access codes entrusted to the User. Except for proven fault or negligence on the part of Business France, breaches of the confidentiality of the User’s Personal Data resulting from the use of access codes by a third party cannot engage the responsibility of Business France. Business France cannot be held responsible for the violation of these general conditions by another User. Business France cannot be held liable for any direct or indirect damage resulting from the use of the Platform. Business France cannot be held responsible for the infringement of Users’ rights in general. Finally, in the event of contact via the E-showcase Platform between a User Selling Business and a Partner or a User Selling Business and a User Buying Business, the responsibility of Business France cannot be sought in the context of legal relations between them, whether they are civil, contractual, free of charge or paid for, in particular, concerning the prices of the products, the costs and the procedures for sending the samples. Users expressly acknowledge that they cannot seek any liability from Business France in this context. The User agrees to compensate Business France, its directors, employees and agents in the event of a complaint, action, prosecution, conviction of the latter resulting from non-compliance with the general conditions by the User.
8- INTELLECTUAL PROPERTY RIGHTS – TRADEMARKSThe Platform, all its updates and new versions, are the intellectual property of Business France. Except as provided below, these Conditions do not grant Users any intellectual property rights over the Platform and its documentation. It is expressly agreed between Business France, the Partners, and the Users that the Database is, and remains, the property of the Administrator who owns both the copyright and the “sui generis” right of the database producer. The Administrator does not confer any right on the Database other than that for Users to access the Database via the Platform, under the conditions and limits provided below, as well as under the general conditions of use of the Platform, attached hereto. The brands, designs, models, images, texts, photos, logos and graphic charters posted on the Platform remain the exclusive property of the rights holder. Any reproduction and/or representation, in whole or in part, of one of these rights, without the express authorization of their owner, is prohibited and constitutes an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code. Consequently, each User and Partner refrains from any action and any act likely to infringe the intellectual property rights of the holders of these rights directly or indirectly. In addition, any User or Partner guarantees Business France, in particular, against any recourse or claim that could be made by another User or a third party, on all the elements put online on the Platform, by them or at their request, including information, content, logos or brands. The user expressly authorizes Business France to use the information, content, logos or brands disseminated on the platform for the creation of online catalogues for events.
9- DURATION – EFFECTIVE DATE – TERMINATION
9.1 DurationThe User Account is open for a minimum period of one year from the opening of the User Account and will be renewed according to the General Conditions of Sale applicable to subscription plans.
9.2 SuspensionBusiness France reserves the right to suspend the User’s access to the Platform without incurring any liability in this respect, as soon as (i) Business France has reason to believe that the Platform is being used in violation of these conditions, (ii) Business France has reason to believe that this suspension is necessary to protect the network used by the Platform or by other Users.
9.3 TerminationWithout prejudice to any request for compensation, Business France may immediately terminate User Accounts as of right, without incurring any obligation or liability as a result, if any of the Users violates this Agreement and does not remedy such a violation within thirty days after written formal notice from Business France. Termination of the contract will result in the cancellation of the User Account. Upon termination of the Contract, whatever the cause, all rights conferred on the User by this Contract will cease, and the User undertakes to immediately cease using all access codes to their account and to destroy or return to Business France any documentation or equipment belonging to Business France.
10- CONFIDENTIALITYEach User acknowledges being fully aware of their intervention in a competitive environment and of their imperative obligation to show the greatest reserve towards any User, requiring them to comply with a strict obligation of confidentiality with regard to each of them.
11- NON-COMPETITIONEach User shall refrain from any Use of Business Data, for the purpose of competing with a User Business, or to allow any act or behavior, the object or effect of which is, directly or indirectly, to harm the interests of a User Business.
12- ETHICS / GOOD PROFESSIONAL PRACTICESThese General Conditions of Use entail the obligation for each User to act in compliance with a general obligation of ethics and respect for the rights of Users of the Platform. Each User must comply with good professional practices consisting in demonstrating dignified and responsible behavior by refraining from directly or indirectly infringing the rights of other Users, and in particular those of User Businesses. This responsibility entails the obligation to maintain the confidentiality of Data and the ban on competing with User Businesses as mentioned above, and beyond these obligations, without this list being exhaustive, will also entail the obligation to: - Refrain from searching for content without a request from a User Business. - Report any conflict of interest. - Refrain from responding to a request from a User Business in the presence of a conflict of interest.
13- PERSONAL DATA
The provisions relating to data processing, freedoms, as well as the protection of personal data can be viewed on the site under the “personal data” tab to which it is referred, and which form an integral part hereof.
14- ENFORCEABILITYThese General Conditions of Use are enforceable against the User and deemed read and applicable from the date of the first use of the Platform by the User. Business France reserves the right to make any changes to these General Conditions of Use that it deems necessary and useful. These conditions of use are enforceable for the duration of use of the Platform and until new General Conditions of Use replace these. Business France undertakes to communicate to the User the new General Conditions of Use, from the “legal notices” link on this site. Any use of the Platform by the User after the modifications of the General Conditions of Use constitutes acceptance by the latter of the new general conditions. The general conditions appearing online on the site prevail over any printed version. The User may at any time renounce using the Platform but remains responsible for any previous use.
15- SECURITYThe Platform is an automated data processing system. Any fraudulent access to the latter is prohibited and penalized. Business France is making its best efforts, in accordance with the law, to secure the Platform. Given the complexity of the internet, it cannot provide absolute security. The User declares it accepts the characteristics and limits of the internet. They acknowledge having knowledge of the nature of the internet network, and in particular, its technical performance and response times for consulting, querying or transferring information data. The User must inform Business France in writing of any failure of the Platform. The User is aware that data circulating on the internet is not necessarily protected, in particular against possible misappropriation. The User agrees to take all appropriate measures to protect their own data and/or software from contamination by possible viruses on the internet network.
16- COMPLETENESSThese general conditions express all the obligations of the Parties. No general or specific condition appearing in the documents sent or submitted by the Parties may be incorporated into this contract.
17- NULLITYIf any of the stipulations of the contract are void under a rule of law or applicable law, they will be deemed unwritten but will not void the contract.
18- AGREEMENT IN RELATION TO PROOFAcceptance of the general conditions by electronic means has, between the Parties, the same probative value as the agreement on paper. The computerized registers kept in the computer systems will be kept under reasonable security conditions and considered as proof of communications between the Parties. The archiving of contractual documents is carried out on a reliable and durable medium that can be produced as evidence.
19- TRACEABILITYThe provisions relating to traceability and the “cookies” policy can be consulted in the Personal Data Charter.
https://tastefrance-wineandspirits.com/fr/cookiesBusiness France stores the history of the User’s connections to the Platform. In addition, Business France will be able to follow Users’ browsing within the Platform thanks to these cookies. As such, the User declares it accepts the possibility for Business France to use the technique of cookies or any other similar technique which allows for Users’ navigation to be traced.