General Terms and Conditions - Quiz Room Clermont-Ferrand

ARTICLE I : QUIZZ ROOM

‍1. Quizz Room ("Quizz Room" or the "Provider") is a simplified joint stock company, with a share capital of €1,449.00 registered with the Paris Trade and Companies Registry under number 841 563 042, whose registered office is 9 rue Guénégaud, Paris 75006 and whose intra-community VAT number is FR 07 841563042. Email address: [email protected]. Phone number: (+33) 01 42 03 68 34.

2. Quizz Room offers to sell services for the reservation and provision of leisure rooms (the "Services") at set prices to legal entities acting within the limits of their corporate purpose (the "Companies"), in order to subsequently to enter into business agreements for the sale of services (the "Contracts").

ARTICLE II : SUBJECT

‍1. 1.    These General Terms and Conditions of Sale (the "General Terms and Conditions" or "GTC") are intended to define the rights and obligations of the Companies and Quizz Room under the Contracts:
a.   these Terms and Conditions can be modified at any time by Quizz Room;
b.   they are applicable as soon as they are communicated by any means to the Companies, but any changes to them will not apply to ongoing transactions;
c.   a transaction is ongoing as long as the offer issued by Quizz Room is firm and definite according to the terms and conditions set out in Article VI. 5 below.

2.     The General Terms and Conditions are also accessible on the Site; subject to any special conditions applicable to a specific kind of Services, specified separately and prior to the conclusion of any Contract, the General Terms and Conditions apply to the exclusion of all other conditions - including those of the Company - which do not bind Quizz Room and cannot be enforced against Quizz Room.

ARTICLE III : PRECONTRACTUAL INFORMATION

‍1. The Company is a knowledgeable professional who declares having read and accepted the General Terms and Conditions as well as all the information they contain prior to the confirmation of any order and is aware that such terms and conditions are enforceable against it in accordance with Article 1119 of the Civil Code.

2. The representative of the Company declares that he is authorised to bind the Company within the framework of the execution of the Contract and according to the terms of the GTC, failing which he will be deemed to be personally committed to Quizz Room.

ARTICLE IV : PERSONALISED SERVICES

‍1.     At the times indicated by the Company and depending on the number of individuals (the "Participants") selected by the Company to participate in the leisure activities offered by Quizz Room, the latter offers for sale personalised Services and access to leisure rooms available, including the possibility of using a set of questions and answers, the main characteristics of which are as follows:
-       Immersion of the participants in a TV set atmosphere;
-       Digital and audiovisual communication of questions to the Participants of the game;
-       Provision of beepers/buzzers enabling Participants to answer questions;
-       Automatic counting of the points earned by the Participants;
-       Access to jokers and tricks to change the course of the games.

2.     In addition to the reservation and provision of leisure rooms, Quizz Room, offers for sale additional services, determined according to the criteria indicated by the Company and according to the availability of the selection of Services proposed by Quizz Room including :
-      the supply of a beverages and meals provided by Quizz Room or by any third party and made available to the Company within the Quizz Room premises;
-      the customisation of the questions proposed according to the indications of the Company;
-      the provision of access to the leisure activities programmed by Quizz Room in any place indicated by the Company, subject to compatibility with the main features of the game;
-      the shooting of a Film and TV programme in the Quizz Room premises;

The aforementioned list is not exhaustive, and the offer of Services agreed between Quizz Room and the Company is specified in the personalized Quotation (the "Quotation"), provided by Quizz Room to the Company.
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3.     The Services sold by Quizz Room comply with the requirements of French law relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.
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4.     For the execution of the Services, the Company undertakes to communicate the identity of each of the Participants before accessing the rooms made available to it.

ARTICLE V : PRICE OF SERVICES

‍1.     The price of the Services offered for sale by Quizz Room is freely set by the latter, in compliance with applicable laws and regulations.

2.     Quizz Room reserves the right to modify its prices at any time but undertakes to maintain the rates indicated in the Quotation as long as the offer issued by Quizz Room is firm and definite according to the terms and conditions set out in Article VI. 5 below.

3.     The selling price of the Services established by Quizz Room according to the criteria indicated by the Company cannot be determined in advance and is subject to a detailed Quotation by Quizz Room, possibly accompanied by Special Conditions which will take precedence over the General Conditions.

4.     Theselling price of the Services included in the quotation depends on theCompany's choices and in particular:
-       of the number of Participants,
-       the length of time the room is occupied,
-       of the number of rooms reserved,
-       of the reservation of the reception lounge,
-       whetheror not to use the "question customisation" service,
-       of each of the services to be provided on behalf of the Company.

5.     The prices of the Products and Services are indicated in euros.

6.     The prices are set exclusive of tax as in force on the day of the order: any creation or modification of tax of any kind or amount will be applied to the Contracts, including for current orders, as soon as it comes into force.

ARTICLE VI : QUOTATION

‍1.     The order of all Services for the benefit of the Company is made by an express request for a quotation (the “Quotation” or “Quote”) addressed to Quizz Room and carried out:
-       via the Site;
-       by phone at (+33) 01 42 03 68 34;
-       byemail by sending a request to [email protected];
-       directly to the head office 9 rue Guénégaud, 75006 Paris.

2.     To obtain a Quotation, the Company must indicate the surname, first name, e-mail address and position of the representative by whom the Quotation is requested, as well as the Company's corporate name, the desired date of availability ofthe room(s) and the number of Participants.

3.     The quote request is processed by Quizz Room, which undertakes to respond to the request within 2 days; in addition to the information indicated in the quote request, Quizz Room reserves the right to ask additional information in order to draw up a Quotation.

4.     Quizz Room provides a detailed Quotation to the Professional including the essential characteristics of each of the Services to be performed as well as their price - in addition to the General Terms and Conditions.

5.     Unless otherwise stated on the Quotation, the Quotation is a firm and final offer, valid :
-       five (5) days from the date on which it has been communicated, provided the room is to be made available to the Company after the expiry of a period of twenty (20) days from the date of communication of the Quotation;
-       two (2) working days from the date of communication of the Quotation, in the event that the room is to be made available to the Company before the expiry of a period of twenty (20) days from the date of communication of the Quotation.
-       Until the day the rooms are made available, in the event that the quote is requested and sent less than two days before the rooms are actually made available.

ARTICLE VII : ACCEPTANCE OF THE QUOTATION

‍1.     The Company shall communicate the signed Quotation to Quizz Room by any means.

2.     The communication by the Company of the signed Quotation, or failing this, the payment, in part or in full, by the Company, indicates that the content of the Quotation has been accepted by the Company and is equivalent to a Contract:
a.   Any validation of the Quotation by the Company is tantamount to acceptance of the price, the descriptions of the Services sold and their date of execution;
b.   any validation of the Quotation by the Company is deemed to be irrevocable acceptance of the General Terms and Conditions by the Company;
c.   any validation of the Quotation by the Company obliges the latter to pay the full price.

3.     Cancellation by the Company of its reservation as well as the absence or delay of one or more Participants does not release the Company from its obligation to pay, to which it remains fully liable.

4.     Any validation of the Quotation made after the deadlines referred to in Article VI,5. may be accepted by Quizz Room by any means and thus cover the lapse of the Offer.

5.     The sale is considered final after receipt of the full price by Quizz Room, the latter however reserving the right to suspend the Company's order in the event that the debit has not been possible.

6.     For any question relating to the follow-up of its order, the Company must contact Quizz Room directly by any means.

ARTICLE VIII : TERMS OF PAYMENT

‍1.     Payment of the full price is due by the Company as soon as the Quotation is validated.

2.     In the event of a Quotation issued by Quizz Room more than fifteen (15) days before the leisure room is actually made available, the Company must pay Quizz Room 50% of the sale price within seven (7) days from the acceptance of the Quotation and the balance will be paid no later than the day the leisure room is made available.

3.     In the event of a Quotation issued by Quizz Room less than fifteen days before the leisure room is actually made available, the Company must make full payment of the sale price no later than three days before the leisure room is actually made available.

4.     The Company must pay Quizz Room by electronic payment (bank transfer, credit card, Visa, Mastercard, American Express) or, failing that, by cheque.

5.     Access to the game room is conditional upon full payment of the amount specified in the Quotation.

ARTICLE IX : PROOF OF TRANSACTIONS

‍1.     The making of an electronic payment or the issue of a cheque by the Company or the signature of the Quotation by any of its employees shall be proof of the Company's agreement that the sums due under the Quotation are payable.

2.     However, in case of fraudulent use of its credit card, the Company is invited, as soon as this use is noticed, to contact the Quizz Room Customer Service.

3.     In addition, the computerized records, kept in the computer systems of Quizz Room and its partners in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.

4.     Quotations are archived on a reliable and long-lasting medium that can be produced as proof.

ARTICLE X : EXCLUSION OF THE RIGHT OF WITHDRAWAL

‍1.     The Services provided by Quizz Room are personalised by the Company and established according to criteria clearly indicated by the latter.

2.     The Company may not withdraw its order and commitments once the Quotation has been accepted by the Company.

ARTICLE XI : SUBSEQUENT CHANGES TO THE QUOTATION

A. Date of availability of the game rooms

‍1.    The date on which one or more game rooms are made available may not be changed by the Company less than seven days before its use.

2.    Postponement by the Company of the date of availability of one or more game rooms is possible if notified more than seven days before the date of the event:
-       charged €176 (excluding taxes) per room, if notified less than fifteen days before the date of the event;
-       free of charge if notified more than 15 days in advance.
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3.    In the event of a case of force majeure, as specified in Article XII, 6 below, the postponement of the date of availability of one or more rooms is possible at no cost.

B. Number of Participants

1. If notified by the Company more than seven days before the event, the reduction in the number of Participants shall entail a reduction in the initial price; yet the final price cannot be lower than:
a.    the price of a game room for eight Participants, in the case where one room had initially been reserved;
b.    the price of two rooms for nineteen Participants in the case where two rooms had initially been reserved;

After the above-mentioned deadline, the reduction in the number of Participants shall have no effect on the initial amount of the Quotation, which the Company must pay in full.

2.    The number of Participants may be increased at any time within the limit of:
-       18 Participants if only one room is available;
-       36 Participants if two rooms are available;
-       26 Participants in case the “Salon” is made available.

ARTICLE XII : LIABILITY

‍1.     Quizz Room may only be held liable for facts that are directly attributable to it, subject to causing direct prejudice to the Company.

2.     Quizz Room cannot be held liable in the event that the non-performance or poor performance of its obligations is attributable to :
a.   a misuse of the Game Room and its functionalities by the Company or by any Participant;
b.   a fault attributable to the Company or by any Participant;
c.   a failure to comply with the obligation to communicate information for which the Company is responsible under Article IV, 4 above;
d.   force majeure, i.e. an unforeseeable and insurmountable event by a third party and in particular: a general strike by public transport drivers followed by more than 50% of professionals concerned, a technical failure of the game making it impossible for all Participants to use it, an administrative closure of the Quizz Room establishment;
e.   a technical failure of the game that does not make it impossible for all participants to use it;
f.    inconveniences inherent to the use of the Internet network - such as an interruption or disruption of service, external intrusion or the presence of computer viruses.

3.     The Company undertakes to relieve and guarantee Quizz Room against any liability, any recourse and any requests relating to the Services ordered by the Companyand whose non-performance is attributable to the Company.
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4.     With the exception of damages exclusively attributable to Quizz Room, the Company indemnifies and guarantees Quizz Room against any liability, any recourse andany requests from one or more Participants.

5.     The Company is committed to the fair use of the leisure equipment by all Participants and guarantees Quizz Room against any damage or harm of any kind to property and persons inflicted by any Participant during the execution of the Services; the Company cannot in any way oppose to Quizz Room the absence of a subordination or contractual relationship with a Participant to avoid the obligations it has to meet.

6.     Inthe event that the provision of a room and the use of the game by all the Participants proves to be impossible following a case of force majeure, Quizz Room undertakes to postpone the execution of the Services ordered at no cost; in the event that the Parties do not manage to agree on a new date for Services to be delivered, the Company may, by registered letter with acknowledgement of receipt, request the reimbursement of the sums paid to Quizz Room.

7.     In the event of late or non-payment, and should formal notice prove unsuccessful upon the expiry of a fourteen day period from such formal notice, the Company shall be required to pay Quizz Room the sum of six hundred euros (excluding tax) as damages and lump-sum compensation - in addition to the amount of the receivables due, plus the legal interest rate.

8.     In the event of late or non-payment, the Company shall owe a lump-sum indemnity for recovery costs, amounting to 40 euros, by operation of law and without prior notification.

9.     The Company Representative relieves and guarantees Quizz Room against any inability and lack of power to bind the Company.

ARTICLE XIII : INTELLECTUAL PROPERTY

‍1.     The content of the Site as well as the products and representations represented within the Quizz Room premises (technical documents, drawings, photographs, etc.) are protected by copyright, trademarks or patents.

2.     The Company undertakes not to make any use of this content and guarantees QuizzRoom against any illicit use made by one of the Participants.

3.     Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.

ARTICLE XIV : COMPUTER SCIENCE AND FREEDOM
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‍1.     The personal data provided by the Company is necessary for processing its order andfor the preparation of invoices.

2.     They are subject to computer processing.

3.     The Company and its Participants are invited to consult the Site's Personal Data Protection Charter for full information on this subject here.

ARTICLE XV : MISSING TERM OR CONDITION

‍1.     In the event of the disappearance of one of the clauses of these General Conditions, in particular following the application of a provision, a regulation or following a final decision of a competent court, the other clauses of these General Conditions will retain all their force and scope.

2.     If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

ARTICLE XVI : MEDIATION

‍1.     For any dispute and in the event of failure or in the absence of a response from the Quizz Room within a period of two months, the Company may resort to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, or to any other alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

2.     It is always possible to accept or refuse the use of mediation and, if mediation is used, to accept or refuse the solution proposed by the mediator.

ARTICLE XVII : MISCELLANEOUS

‍1.     Any notice interrupting the deadline shall be assessed for this purpose at the time of dispatch.

2.    Any notification which sets a time limit shall be assessed for this purpose at the time of its receipt.

3.     Unless otherwise specified, all notifications shall be made by registered letter with acknowledgement of receipt.

ARTICLE XVIII : APPLICABLE LAW AND JURISDICTION

‍1.     The General Terms and Conditions are subject to French law.
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2.     In case of dispute, the competent court is the Commercial Court of Paris.