Update date: 09/01/2023
1. Application of the general conditions of service
1.1 Refty is an online platform, accessible via the refty.co website published by KARTEL Company, which allows the Customer to organize virtual events with Participants.
1.2. These general terms and conditions of service (hereinafter referred to as "GTCS") are applicable to the Services performed by Refty, unless expressly provided otherwise in writing in the detailed quotation sent to the Customer. Any stipulation to the contrary that may appear in the GTS or any other contractual document issued by the Customer is not enforceable against Refty. These GTC will also apply to future contractual relations with the Customer, without prior notice.
1.3. If you are a Participant in an Event, we invite you to consult the Participants' Charter here.
1.4. The organization of an event by the Customer is conditional upon the Customer's compliance with the GTC. In this respect, the Customer declares that he/she has read the GTC and accepted them without reservation before using the services of Refty.
1.5. If you have any questions about this document and our services, please contact us at contact@refty.co.
2. Definitions and interpretation
In these T&Cs, the following terms shall have the following meanings:
- " Customer " means the legal entity that has accepted and signed these T&Cs issued by Refty, as well as the Quote.
- " Agreement " or " Contract " means these TOS.
- " Special Conditions " means the special conditions that may be agreed between the Customer and Refty in respect of the Services provided by Refty and which are specified in the Quotation accepted by the Customer.
- "Quote" means the document of a contractual nature in which the details of the Services provided by Refty and agreed upon by the Parties are set forth.
- " Default " means any act, statement, omission, breach of obligation (whether express or implied, condition or warranty) contained in these T&Cs or agreed to prior to or contemporaneously with the entering into of the Contract.
- "Participant" means the person participating in an Event.
- " Parties " means Refty and the Customer.
- " Platform " means Refty's online solution.
- " Refty " is the commercial name of KARTEL, a simplified joint stock company with a capital of 1,500 Euros, registered in the Paris Trade and Companies Register under number 843 550 682 and having its registered office at 8 rue Saint Marthe, 75010 Paris.
- " Social Networks " means Refty's Facebook, Instagram, Twitter, Youtube and TikTok accounts.
- "Employee" means the employee(s) of the Customer who present(s) through a short video their job at the Customer on the Platform.
- "Event" means a virtual event hosted by Customer where Customers and Participants can meet.
- " Services " refers to the services provided by Refty, which consist mainly in allowing the Customer to organize Events on its Platform and, secondarily, in offering options to the Customer who can subscribe to them.
3. Purpose - Services provided by Refty
3.1. The reciprocal obligations between Refty, acting within the framework of the Services, and the Customer are defined by the present GTC, as well as by the Special Conditions.
3.2. Any Service performed by Refty for the Customer is governed exclusively by these T&Cs and, where applicable, by the Special Terms and Conditions, which constitute the applicable contractual terms and conditions agreed upon by the Parties.
4. Process of event organization
4.1. The Customer informs Refty of its wish to use its Platform to organize Events.
4.2 Each request from the Customer will result in a quotation being issued by Refty and sent to the Customer.
4.3. The Quotation must be accepted by the Customer prior to the launch of the Events.
4.4. The Customer may access his virtual space from his account on the Platform. This account may not be transferred to any third party to the Contract, either free of charge or in return for payment.
4.5. In the event of non-use of the Platform by the Customer, the refund of the Price cannot be claimed and the latter will be retained by Refty. Furthermore, the Customer may not claim any compensation from Refty, whether financial or material, for any reason whatsoever.
5. Duration of Services
5.1. The term of this Agreement shall commence on the date the Quotation is signed.
6. Price of Services
6.1. The price of the Services provided by Refty is set out in the Quotation sent to the email address indicated by the Customer and accepted by the latter (hereinafter the " Price ").
6.2. Payment of the Price shall be made on the date of receipt of the invoice.
6.3. Refty reserves the right to block the Customer's access to the Platform in the event of non-payment of the price by the Customer, unless expressly provided otherwise in the Special Conditions.
7. Payment terms and security
7.1. Payment is made by bank transfer to the bank account provided by Refty or by credit card.
7.2. Under no circumstances may payments be suspended or be subject to any compensation or retention.
7.3. Complaints regarding invoices must be reported without delay, which shall in no way affect the due date for payment.
7.4. Payments shall be made in full, in Euros (unless another currency has been agreed in the Special Conditions) without deduction or set-off of any kind.
8. Late payment
8.1. Any delay in payment shall automatically entail the payment of interest per day of delay at a rate equal to the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in accordance with the provisions of the French Commercial Code.
8.2. Interest shall be calculated on the amount of the principal due, inclusive of tax.
8.3. Interest shall be payable without notice of default.
8.4. In application of article D. 441-5 of the French Commercial Code, in the event of late payment, the buyer will automatically owe Refty, in addition to the late payment penalties already provided for by law, a fixed indemnity for collection costs of 40 euros.
8.5. Refty reserves the right, if the agreed price is not paid on time, to terminate the collaboration with the Customer by notifying him/her by email of the closure of his/her access to the Platform and to keep the deposits paid as compensation.
8.6. In addition to the interest and the fixed recovery indemnity, an indemnity of 15% of the amount of the claims will be due by the defaulting customer to cover the additional costs incurred by Refty.
9. Commitments of the Parties
9.1. Refty's commitments :
i. Refty guarantees to the Customer the proper performance of its Services, as defined in these T&Cs and in accordance with good practice.
ii. Refty undertakes, in the performance of the Services, to comply with the laws and regulations in force and not to undermine public order.
These commitments constitute an obligation of means and not of results.
9.2 Customer's commitment:
i. The Customer agrees to comply with the provisions of these T&Cs and the applicable laws, and to respect the rights of third parties.
ii. The Customer further agrees to comply with the following obligations:
- to inform Refty without delay of any anomaly or impediment that he/she may encounter in the performance of the Services.
- Have respectful exchanges with the Participants
- Pay any invoice issued by Refty in accordance with the T&Cs and Quotations without delay.
10. Intellectual property and integrity of the Platform
10.1. Content published by Refty
The content of the Platform, in particular its structure, design, interfaces, databases, texts, digital content, brands, as well as HTML referencing tags (meta-tags), excluding content belonging to third parties, are the exclusive property of Refty. This content is protected by the provisions of the Intellectual Property Code and by any national or international text in force applicable to intellectual property law.
The Customer is authorized to display on his screen the pages of the Platform only for personal consultation on a temporary basis and according to the purposes defined in the GTCS and, if applicable, the Special Conditions.
Any reproduction, distribution or use of all or part of the content of the Platform in any form whatsoever, without the express prior authorization of the Company is prohibited and would constitute an infringement, punishable by articles L.335-2 et seq. of the Intellectual Property Code.
The Customer is also prohibited from:
- To extract by temporary or permanent transfer, or to use by making available to the public, all or a substantial part in quantitative or qualitative terms of the Platform and other databases visible on the Platform, for commercial or other purposes;
- To extract or use repeatedly and systematically all or part of the visible information of the Platform, when such an operation clearly exceeds a normal and private use of the Platform;
- Exploit, market or distribute any element of the Platform, including the visible information of the Platform and any other database;
- Use devices or software to disrupt or attempt to disrupt the proper functioning of the Platform; or implement actions that would impose a disproportionate burden on our infrastructure.
11. Exclusion of warranty and liability
11.1. Refty shall not be held liable for any act or behaviour of the Participant that is prejudicial to the Customer.
11.2. Refty's liability is limited to direct material damage to the exclusion of any indirect damage of any kind whatsoever.
11.3 Under no circumstances will Refty be liable to compensate for any consequential damage, whether or not resulting from material damage, such as operating losses, production losses, loss of earnings, loss of profits, loss of contract, loss of image, loss of opportunity, commercial loss, additional production costs, immobilization of personnel or equipment, as well as any indirect damage.
11.4. Likewise, Refty cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion, the presence of computer viruses or the loss or alteration of data.
11.7. IN ANY EVENT, IN THE EVENT THAT REFTY IS HELD LIABLE, REFTY'S GUARANTEE WILL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PROVISION OF THE SERVICES.
11.8. Refty cannot be held liable for damages resulting from errors in documents or information provided by the Customer.
11.9. Refty will also be exempt from any liability in the event that the Customer does not provide all the information required to perform the Services.
11.10. In the absence of reservations or claims expressly made by the Customer at the time of delivery of the Services, the Services shall be deemed to be in compliance with the Customer's request, in quantity and quality.
11.11. In order to assert its rights, the Customer must, on pain of forfeiture of any action relating thereto, inform Refty, in writing, within 10 days of the provision of the Services, of its reservations or complaints as to the quality of the Services, together with all the relevant supporting documents, to Refty.
11.12. No claim can be validly accepted in case of non-compliance with these formalities and deadlines by the Customer.
14. Force Majeure
14.1 Refty shall not be liable to the Customer or be deemed to have breached any of its obligations due to a delay in the performance or non-performance of its obligations concerning the provision of its Services in the event of a Force Majeure Event as defined by French case law in force at the time of the occurrence of the event (hereinafter referred to as "Force Majeure Event").
14.2. In the event of a Force Majeure Event, Refty will notify the Customer in writing, including by e-mail unless prevented from doing so by the Force Majeure Event, within two (2) working days of the date of its knowledge of the Force Majeure Event.
14.3. The performance of the Services shall then be suspended by operation of law without compensation, as of the date of occurrence of the Force Majeure Event and for the duration of the latter.
14.4 If the Force Majeure Event lasts for more than thirty (30) calendar days from the date of its occurrence, or if it is shorter than that and constitutes a definitive impediment, the sale may be terminated by the most diligent Party, without Refty or the Customer being able to claim damages of any kind.
This termination will take effect on the date of first presentation of the registered letter with acknowledgement of receipt.
15. Availability of Services
The Platform is normally accessible by the Customer 24 hours a day, 7 days a week, all year round, except in the event of a momentary interruption, whether voluntary or not. Refty does not guarantee that the operation of the Platform will be uninterrupted, error-free or secure. Furthermore, Refty reserves the right to suspend access to the Platform from time to time in order to perform maintenance and updates.
As Refty's activity is subject to an obligation of means, Refty cannot be held responsible for any type of damage caused by the unavailability of the Platform.
16. Protection of personal data
Users are informed that the personal data collected may be subject to computerized processing in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended (known as the Data Protection Act) as well as the EU Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR).
For more details about the use of your personal data and your rights regarding it, we recommend that you read our Data Privacy Policy.
17. Protection of personal data
17.1. The Parties undertake to treat as confidential any information that they may become aware of in the course of their relationship.
17.2. The provisions of this Article shall not apply, however, to Confidential Information that the Receiving Party can demonstrate:
- that they were, at the time of their communication, already in the public domain or that they became so subsequently as a result of a third party in good faith, without fault on the part of the latter or its employees and/or agents;
- that it has lawfully obtained them, in their entirety, from a source independent of the issuing Party;
- that it has lawfully obtained the information from a third party not bound to keep it confidential.
18. Amendment of the GTC
18.1. Refty reserves the right to modify its GTC at any time, subject to informing the Customers individually by electronic means.
18.2. The applicable GCS are those in force on the date of signature of the Quotation by the Customer.
19. Miscellaneous
19.1. In the event that all or part of the provisions of the GTCS are deemed illegal, unenforceable or inapplicable by a court decision, the remaining provisions or agreements shall remain in effect, provided that the general structure of the contract is not affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the parties.
19.2 Any reference herein to a provision of any law shall be construed as referring to such provision as amended, re-enacted or extended at the time of such reference.
19.3. These Terms and Conditions, together with the Special Terms and Conditions and the Privacy Policy, constitute the entire agreement between the Parties and supersede any prior agreement.
19.4. In the event of contradictions between the provisions of the GTC and the Special Terms and Conditions, the provisions of the GTC shall prevail over the others, unless expressly provided otherwise.
19.5. Any modification of the present contract will only be enforceable with the written agreement of Refty's duly authorized representative.
19.6. The failure of a Party to require strict performance of any obligation of the TOS on any occasion shall not be deemed a waiver of any of the foregoing rights and shall not deprive such Party of the right to require strict performance of such obligation or any other obligation of the TOS at any time.
20. Applicable law and jurisdiction
20.1. The Parties expressly acknowledge and declare that they will make their best efforts to favour an amicable solution in any deadlock situation. The request for an amicable settlement shall be notified to the other Party by registered letter with acknowledgement of receipt.
20.2. It shall state the reasons for the challenge or dispute as well as the documents justifying the merits of the request.
20.3. The Parties shall meet within 10 business days from the date of receipt of the above request.
20.4. This Agreement and the Services performed under it are governed by and construed in accordance with French law.
20.5. All disputes, which are related to these GTC, will be exclusively submitted to the Commercial Court of Paris, even in case of multiple defendants.
