The "Marketplace Business France" is a tool designed for international professional buyers and is presented in the form of an online catalog showcasing products from French SMEs and ETIs accompanied by Business France. The objective of this marketplace is to promote France and its expertise internationally. It enables French companies to gain visibility and develop new business opportunities abroad.
Words and expressions beginning with a capital letter, singular or plural, are used herein, including the preamble, with the following meanings:
Supplier and producer of the digital tools of the Marketplace Business France. 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 configure or perform actions on User Accounts, according to user profiles.
Collection of data and content systematically or methodically arranged, individually accessible on the Marketplace Business France.
Contract between the Administrator and any User concerning the use of the Marketplace Business France.
Virtual space created by the Administrator at the request of Users for access to certain products and services.
Documentary base, directories, and all content from Sellers, Buyers, Partners, and Service Providers integrated into the Marketplace Business France.
Seller Data (French companies):
Any identification information of the selling company user (natural or legal person) provided by the company, and any information related to the presented products.
Buyer Data (foreign companies):
Any identification information of the foreign user company, whether a natural or legal person, provided by the company.
Data as defined by the General Data Protection Regulation No. 2016/679 of April 27, 2016 (GDPR), applicable since May 25, 2018.
Selling User Company:
French economic operator identified by a SIRET number, implementing an international development project and using the Marketplace Business France to sell its products.
Buying User Company:
Foreign economic operator wishing to connect with a French selling company (supplier) on the Marketplace Business France.
Public or private operators with whom Business France interacts to fulfill its mission of internationalizing French companies (Regions, Federations).
Software tool operated by Business France on behalf of Team France Export, allowing the collection, organization, and secure storage of necessary data for both creating and feeding the Database and the operation of the International CRM.
All individuals with access to the Marketplace Business France for purposes within the scope of their professional activities according to their profile: Sellers, Buyers, and Service Providers.
4- PRELIMINARY INFORMATION
Legal notices regarding the Platform can be found on the site under the "Legal Notices" tab, which is referenced and is an integral part of these terms.
The Administrator manages access requests, defines the User, and configures User Accounts. He handles maintenance, outsourcing, and address User requests. The Administrator is responsible for the consistency and coherence of the Platform as a whole, excluding content provided by sellers that feed the Business France platform. Business France is the Webmaster of the Platform and receives complaints through the dedicated address https://marketplace.businessfrance.fr/contact.
4.2 Hardware Requirements
The User acknowledges and, under their responsibility, possesses the elements necessary for accessing the Platform and using its content, including a high-speed internet connection, an up-to-date operating system, sufficient free space on their 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 personally responsible for the evolution or update of the software necessary for using the Platform. The User agrees to provide all mandatory documents allowing their identification as a User within the requested deadlines.
4.3 Creation and Configuration of User Accounts
Access to the Platform is open to visitors, allowing the consultation of posted data. The extent of access to the Platform depends on the User's profile. The creation of a User Account is accessible to the User Company for access to specific functionalities. Access to certain services and features of the Platform, such as:
Connecting with a Seller for the buying User Company
Managing and administering the product catalog for the selling User Company, is done by registering on the site and completing all required fields. Until mandatory data is provided, the selling User Company and its product catalog are not visible on the front end of the platform for buying User Companies.
Registration is personal for each User who agrees to be contacted via the site's messaging system, or by email and phone (in the latter case, only by the Administrator).
The User accesses their User Account using their credentials and password. For all Users, the identifier and password are personal, non-transferable, and confidential. Each User is responsible for the use of their credentials and passwords. If the account of the selling User Company is used by multiple employees of that company, each will have a login and password. Each user is responsible to Business France for all elements, information, and other documents communicated to collaborators. The buying User Company has only one access.
4.5 Partner Space
Partners have a space to present their services and actions. These spaces are created and managed by the Administrator.
5- USER COMPANIES
5.1 Responsibility for Provided Data
The selling or buying User Company communicates its "company" Data and content under its sole responsibility. The selling or buying User Company is informed that a check is conducted to validate its eligibility for registration on the platform. The selling User Company is solely responsible for the accuracy of the content it posts, which conditions the quality of the solution provided for its project.
The selling User Company guarantees that the data it posts 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 Companies
In the case of selling User companies, the criteria are specified in the General Sales Conditions.
5.3 Data Transmission
The selling user company is informed that the "business" data it publishes online on the Platform:
- may be shared with a foreign buyer to fulfill its request for connection.
- is inserted into the international CRM.
The buying user company is informed that the "business" data it publishes online on the Platform:
- may be shared with a French seller to fulfill its request for connection.
- is inserted into the international CRM.
By publishing its data online, the user company accepts the principle of this sharing and acknowledges that it aligns with its interests and/or the legal or regulatory missions of one of the Partners.
5.4 Satisfaction Measurement
The selling user company agrees to comply with the requirements of the questionnaires and studies conducted by the Administrator to measure and improve the internationalization support policy in general and the Business France Marketplace platform in particular.
6- SELLING COMPANIES
Each selling user company undertakes to feed the platform in a fair and responsible manner and to use all its skills and know-how to provide the Buyer with the elements to answer their questions.
6.2 Data Reliability
Each selling user company communicates its data at its sole responsibility and is solely responsible for the legality and reliability of the data it posts online, which determines the quality of its offer. Each party guarantees that the data it posts 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.
Selling user companies undertake to consider as strictly confidential all information of any kind and on any medium transmitted by buying user companies during the use of the Business France Marketplace platform. Ensuring the confidentiality of personal data and business data is a decisive condition for using the platform. Each user undertakes to generally and permanently respect an obligation of confidentiality, discretion, and professional secrecy with respect to the aforementioned data, for which it takes all useful measures for the implementation of this obligation. Each selling user company undertakes to limit the sharing of the data to which it has access and to use its ability to share the data proportionally to the purposes sought by user companies. Each selling user company undertakes not to disclose, directly or indirectly, to any natural or legal person, any information it would have knowledge of in the context of the use of the platform or to reproduce and/or use them, either for its own account or for the account of third parties, for purposes other than the operation of the platform. Each selling user company also undertakes not to disclose, directly or indirectly, information about another selling or buying user company.
Compliance with the obligation of confidentiality implies, in particular, undertaking that no third party is aware of the data provided by a buying user company on the occasion of a request made by it. A third party is understood to be any entity outside the process of providing a solution to the question posed, not concerned with the question posed by the buying user company or any other natural or legal person. Each selling user company undertakes to transmit confidential information received only to the members of its structure who are responsible for participating in the use of the platform, who have been informed of the confidential nature of this information. Each selling user company is responsible for the actions of its personnel and members of all kinds, as well as its service providers or subcontractors. Each selling user company is solely responsible for the content or elements posted on the platform. Business France guarantees that the selection/validation of buying and selling user companies is free from any irregularities under the legal rules applicable to such procedures, particularly in terms of transparency and equal treatment.
7- ACCESS AND USE
Access to the platform is free for buying and selling user companies. A User Account is created for the benefit of the User Company that requests it and wishes to benefit from the associated services. The identifier and password of a User must not be shared with a person external to the User Company. The registration of a legal entity as a User Company must only be carried out by a natural person authorized to represent it. Business France reserves the right at any time and in its sole discretion to suspend or interrupt access to the platform and/or the Service, in whole or in part, in particular for maintenance interventions, operational needs, internal choices, or in case of emergency.
The User undertakes to use the platform and the information to which it has access only under the conditions defined by Business France. Each User undertakes not to disrupt the use that other Users may make of the Business France Marketplace platforms, in particular, not to access spaces dedicated to other Users. The User undertakes not to commit any act that could compromise the information security of Business France or other Users. The User undertakes not to interfere with or interrupt the normal operation of the platform.
Any use of the platform and its data for purposes other than those allowing assistance in export 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 undertakes, 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 or use of the platform or its documentation to a third party, except with the express authorization of Business France;
b) Copy, reproduce, change, adapt, reconstitute the logic of the platform (subject to what is allowed under public order rules), disassemble it, translate it, integrate it, customize it, attempt 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 know-how or copy any of the features, functionalities, or graphics of the platform, with the aim of developing any software or similar solution that 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 or other legal notice such as trademark or copyright notices affixed or contained on the platform or inside it and in its documentation;
d) Use the platform for the storage and/or dissemination of defamatory, slanderous, fraudulent, obscene, or pornographic content or to infringe on the rights of third parties, or in any illegal way, such as, without limitation, sending spam/unsolicited emails, creating forgeries, violating the security of systems or networks, and violating the rights of third parties;
e) Use the name, logo, or other trademarks related to the platform or belonging to Business France, except with the express written permission of Business France.
Business France remains solely authorized to adapt, modify, improve, correct the platform or its documentation, without prior notice. All rights not expressly granted to users, partners are reserved to Business France.
7.4 Limited Warranty:
Business France guarantees, during the period of use, that the platform will operate, provided that the platform is properly configured and used from a computer station meeting the minimum configuration criteria required. Business France does not guarantee that the platform will meet all the needs and requirements that have been envisaged by the User or that motivated its choice. In addition, the User acknowledges (i) that it has received all the information allowing it to be well informed about the platform, (ii) that the platform may not be suitable for all combinations that the User could choose, and (iii) that the operation of the platform may not be uninterrupted or error-free, and that certain errors may not be corrected or may not be correctable. Business France cannot be held responsible for (i) any defects resulting from improper use or intervention on the platform; and/or (ii) the use of the platform with a third-party component or system that is incompatible or not certified by Business France.
Each User is solely responsible for the use it makes of the information and data used in the use of the platform and bears all the risks associated with this use. Each User remains solely responsible for the security of its data. The User undertakes towards Business France to notify it of any change in its email address and acknowledges that, failing to do so, it will remain solely responsible for the consequences of any nature that may result from it. Given the diversity of the data sources concerning the User, the methods of their consultation, and the deadlines for their transmission, Business France will do its best to guarantee the overall quality and relevance of the information disseminated. Business France will strive to perform the operations that are incumbent on it concerning 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 it. Business France's liability cannot be sought or retained in the event of temporary or total unavailability of all or part of access to the platform, a difficulty related to response time, and, in general, any defect in any kind of performance. 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, as the service is offered "as is." Any disruption in the use of the platform cannot engage the responsibility of Business France. Business France cannot be held responsible for violations of information security that may cause damage to the computer equipment of Users and their data. Business France's liability cannot be sought 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. Unless proven fault or negligence of Business France, breaches of the confidentiality of the User's Personal Data resulting from its access codes by a third party cannot engage the liability of Business France. Business France cannot be held responsible for the violation of these general conditions by another User. Business France's liability cannot be engaged in the event of direct or indirect damage resulting from the use of the platform. Business France cannot be held responsible for the infringement of the rights of Users in general. Finally, in the event of contact via the Business France Marketplace platform between a selling user company and a buying user company, Business France's liability cannot be sought in the context of contractual legal relationships between them, whether civil, contractual, free or paid. Users expressly acknowledge that they cannot seek any liability of Business France in this context. The User undertakes to indemnify Business France, its directors, employees, and agents in the event of a complaint, action, prosecution, or conviction resulting from the User's failure to comply with the general conditions.
8- INTELLECTUAL PROPERTY RIGHTS - TRADEMARKS
The platform, all its updates and new versions, are the intellectual property of Business France. Except as provided below, these Conditions grant Users no intellectual property rights over the platform and its documentation. It is expressly agreed between Business France, Partners, and Users that the Database is, and remains, the property of the Administrator, who holds both the copyright and the "sui generis" right of the database producer. The Administrator confers no rights on the Database other than for Users to access the Database via the platform under the conditions and limits set out below and in the general conditions of use of the platform, attached hereto. The trademarks, designs, models, images, texts, photos, logos, and graphic charts posted on the platform remain the exclusive property of the rights holder. Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of their owner, is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code. Accordingly, each User, Partner refrains from any action or act that could directly or indirectly infringe on the intellectual property rights of the holders of these rights. In addition, each User, Partner guarantees Business France, in particular, against any claim or complaint that may be made by another User or a third party, on all the elements posted on the platform, by it or at its request, including information, content, logos, or trademarks. The user expressly authorizes Business France to use the information, content, logos, or trademarks broadcast on the platform for the creation of online catalogs for events.
9- DURATION - EFFECTIVE DATE - TERMINATION
The User Account is open for an indefinite period until termination at the initiative of Business France or the User Company.
Business France reserves the right to suspend the User's access to the Platform without incurring any liability in the following cases: (i) Business France has reasons to believe that the Platform is being used in violation of these terms; (ii) Business France has reasons to believe that such suspension is necessary to protect the network used by the Platform or other Users.
Without prejudice to any claims for damages, Business France may terminate these terms automatically, without incurring any obligation or liability, if any User violates this Agreement and does not remedy such violation within thirty (30) days after receiving a written notice from Business France. Termination of the contract will result in the cancellation of the User account.
Upon termination of the Contract, for any reason, all rights granted to the User under this Contract will cease, and the User agrees to immediately cease using all access codes to their User account and to destroy or return to Business France any documentation or equipment belonging to Business France.
For cancellation requests, please contact email@example.com.
Each User acknowledges being fully aware of their involvement in a competitive environment and their imperative obligation to exercise the utmost discretion towards any User, imposing a strict obligation of confidentiality towards each of them.
Each User refrains from using Company Data for the purpose of competing with a user company or enabling any act or behavior that directly or indirectly harms the interests of a user company.
12. ETHICS/PROFESSIONAL BEST PRACTICES
Each User must adhere to professional best practices by demonstrating dignified and responsible behavior, refraining from directly or indirectly infringing on the rights of other Users, especially those of user companies.
This obligation includes maintaining the confidentiality of data and refraining from competing with user companies, as mentioned above. Additionally, it includes, without limitation, the obligation to:
refrain from seeking content without a request from a user company,
report any conflict of interest,
refrain from responding to a request from a user company in the presence of a conflict of interest.
13. PERSONAL DATA
Provisions regarding information, freedom, and the protection of personal data can be found on the site under the "personal data" tab, which is an integral part of these terms.
14. FIGHT AGAINST CORRUPTION
In the context of the Sapin II law of December 9, 2016, and its compliance mechanism, Business France ensures the integrity of third parties with whom it maintains a business relationship.
The User undertakes to comply with applicable anti-corruption laws and the principles and regulations of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of December 17, 1997, and its successive amendments.
The User agrees to cooperate in the event of an investigation by a Prosecuting Authority or in the context of a compliance audit by Business France and to provide any useful information and assistance.
The User will also comply with applicable provisions in social, tax, and exchange control matters.
Business France reserves the right to terminate the contractual relationship and suspend access to the Platform if a violation of anti-corruption laws or regulations is proven (including the Penal Code or Sapin 2 Law if applicable to the entity).
The User can renounce the use of the Platform at any time but remains responsible for any previous use.
The Platform is an automated data processing system. Any fraudulent access to it is prohibited and subject to criminal sanctions.
Business France makes its best efforts, in accordance with industry standards, to secure the Platform. Given the complexity of the Internet, it cannot guarantee absolute security.
The User declares acceptance of the characteristics and limitations of the Internet.
They acknowledge being aware of the nature of the Internet network, particularly its technical performance and response times to consult, query, or transfer information data.
The User must inform Business France in writing of any Platform failures.
The User is aware that data circulating on the Internet is not necessarily protected, especially against potential misuse.
The User agrees to take all appropriate measures to protect their own data and/or software from contamination by potential viruses on the Internet network.
These general terms express the entirety of the Parties' obligations. No general or specific condition appearing in documents sent or delivered by the Parties can be integrated into this contract.
If any provision of the contract is null under a rule of law or an applicable law, it will be deemed unwritten but will not result in the nullity of the contract.
19. PROOF AGREEMENT
The acceptance of the general terms electronically has, between the Parties, the same evidentiary value as an agreement on paper.
Computerized records stored in computer systems will be kept under reasonable security conditions and considered as evidence 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.
Provisions regarding traceability and the "cookie" policy can be found in the Personal Data Charter.
Business France retains the User's connection history to the Platform.
Additionally, Business France may track the Users' navigation within the Platform through cookies.
In this regard, the User declares acceptance of the possibility for Business France to use the cookie technique or any other similar technique allowing the tracking of Users' navigation.
21. APPLICABLE LAW / JURISDICTION CLAUSE
These general terms are governed by French law.
This applies to substantive and procedural rules, notwithstanding the places of execution of substantial or ancillary obligations.
This jurisdiction clause does not apply to non-professional customers.
In the event of a dispute, express jurisdiction is granted to the competent courts of Paris, notwithstanding multiple defendants or third-party proceedings, even for urgent or conservatory procedures, in summary proceedings or by petition.
For non-professional customers, common law rules will apply.