TERMS &CONDITIONS

MEMBERSHIP:

Active Members:

-Industries and providers of services relating to luxury goods: the companies offering goods or services

to individual customers

-Service providers: the businesses which offer services to the above-mentioned companies: advertising

agencies, design agencies, research institutes, fairs and shows organizers, call centers, media, etc.

Suppliers of intermediate products. (fragrance manufacturers, glass makers, point of sale materials

manufacturers, shop fitting, etc.)

Associate Members:

-Public or semi-public institutions barred by their statutes from being members of an association.

On Line Members:

Exclusively designed for the luxury companies or luxury industry service providers established on markets located far away from France or neighbouring countries, which prevents their managers to attend the meetings organized in Paris (or elsewhere in Europe) on a regular basis.

MEMBERSHIP:

The committee has full power to accept or reject a company’s application for membership.

A main interlocutor is indispensable. S/He must be a representative of the company and hold decision-making powers (Corporate Management level, International Management level, Strategic Director level, Marketing Director level, Communications Director level, etc.)

Active members and associate members may attend all the meetings organized by the Association. For a given meeting, the company may appoint one or two representatives who are particularly in charge of the topic addressed. The format of some meetings imposes a limited number of participants. In such a case, registration will be recorded on a first come first served basis. If all the parties interested in the topic are unable to attend a given meeting, additional sessions shall be organized at later dates. The members have access to all the services available on the web site based on the following details.

On-line members have access to all the services provided by the web site according to the following details.

SUBSCRIPTION FEES:

The subscription fees are decided by the committee and revised annually. They are sent to the members as of the date of revision (end of calendar year for the upcoming year) along with the projected program for the upcoming year.

SERVICES AND PROGRAMS

The program of meetings is established in advance based on the requests submitted by the majority of members. Each member is encouraged to submit topics and give a speech on his/her specific areas of expertise.

The activities of the Association are not limited to just organizing meetings. Its aim is to federate the requests submitted by the member companies and suggest the appropriate responses. Thus, it may order researches, organize study trips, etc. These projects shall be examined upon request by the members and launched after approval of the proposed budgets. Only the companies which have agreed to participate in the projects shall bear the costs thereof, as such costs are not covered by the yearly membership fee.

STATUTES AND BYELAWS

The statutes and bye-laws of the Association des Professionnels du Luxe are available upon written request to: Association des Professionnels du Luxe –25, rue de la Croix-Nivert – 75015 Paris.

THE WEB SITE – GENERAL TERMS OF USE

Article 1: Purpose

These General Terms of Use define the technical and legal conditions in which the Association des Professionnels du Luxe makes available to its members, be they active members, associate members or on-line members (hereafter referred as the Members), who agree to this, the distant access to some services, via the Site wide Intranet network, in both the French and the English version.

Depending on the technical evolutions, the services shall also be accessible via other distant communication channels or terminals

Article 2: Required configuration

The Members are informed that the minimal computer configuration required to access the Site is as follows:

-Internet access: modem of at least 56K or high speed connection;

-Navigator: Internet Explorer 6.0 and higher versions, compatible with Mozilla Fire Fox 1.5 and higher

versions;

-Adobe Acrobat Reader, or any other software for « PDF » file reading

-Microsoft Excel, or any other software for « CSV » file reading.

The Association des Professionnels du Luxe may not in any way be considered responsible in case of use by the Members of any other software necessary to access the Site.

The Association des Professionnels du Luxe acknowledges no obligation and therefore no responsibility whatsoever regarding the Members’ choice in terms of equipment and/or service providers (access provider, telecommunications operator…) to enable access to the Site.

Article 3: Identification- Connection 3.1. Upon payment of the membership fee, the Association des Professionnels du Luxe provides the Member, as soon as possible, by electronic mail, with his/her login and password to give him/her access to the Member Space (hereafter referred to as “Connection data”)

To connect to the Site, it is necessary to type in the Connection data in the “Members only” page.

The password may be modified at any time by the Association des Professionnels du Luxe.

CAUTION: The password being sensitive to the case type (upper case/lower case), it is necessary to use the accurate typography.

3.2. The Connection data are strictly confidential and personal to each Member. The Member has sole and exclusive responsibility over the conservation, use and transmission of the Connection data. In particular, the Member is warned about the use of the function for automatic recording of the Connection data allowed by his/her computer and assumes full responsibility of the use of such function and the possible consequences thereof.

Any use of the Connection data shall be considered as the act of or duly authorized by the Member.

Therefore, the Association des Professionnels du Luxe cannot be held in any way responsible for any harmful consequences whatsoever resulting from illicit, fraudulent or abusive uses of the Connection data and access to the Site by a third party not explicitly authorized by the Member.

3.3. In case of theft or misappropriation of his/her Connection data, it is the Member’s responsibility to immediately inform the Association des Professionnels du Luxe.

The Association des Professionnels du Luxe then reserves the possibility to prevent access to the Site and shall supply the Member with a new password and a new login as soon as possible.

Article 4

The Site allows access to several modules: A “public” module which includes the following headings: Presentation, Programs, Subscription, Press Book, Contacts, Links. A safe “Member Space” module which includes the following headings:

–             A “Directory” heading which allows access to a directory of member companies, their representatives and their personal information (photographs, mail address and direct phone number are not compulsory items). This directory is updated based on a form filled in by the interface at the level of the member company. The Association shall provide an up-to-date directory within the limits of the information provided by the members and may not be held responsible for the fact that some members do not communicate the necessary information.

An “Archives” heading which allows access to all the meeting reports edited by the Association

An “Exchange Space” heading which allows the sharing of professional information about some main topics (news, search for information, search for partners).

All the documents (development monitoring, reports of meetings…) accessible on the Site are for the exclusive use of Members and given for information purposes only. The Association des Professionnels du Luxe may not be held liable for them.

Distribution to third parties of the contents published on the Site and reserved to the exclusive use of Members may entail exclusion from the Association. Exclusion is pronounced by the committee whose decision in such matters is sovereign and final.

Article 5: Data update

The data available for consultation on the Site are given subject to their being up-to-date.

Article 6: Interactivity

6.1. The services as described above include some interactive functions (in “push” mode) which enable the Member to exchange information with the Association des Professionnels du Luxe, namely the “Forum” heading within the “Member only” module.

The Association des Professionnels du Luxe reserves the possibility to delete any notice which it may consider an infringement of the goals set by that “Forum”.

In case of Site and/or Internet network dysfunction, whatever the cause or origin thereof, it is the Member’s responsibility to use alternative existing communication systems (phone, fax, and/or hard mail by the post)

6.2. The Member is reminded that s/he bears exclusive responsibility of the use of the Connection data, and thus of the use of the above-mentioned interactive services, it is up to her/him to ensure the accuracy of whatever information s/he communicates (photographs, coordinates, texts, opinions…). Thus, the Member covers the Association des Professionnels du Luxe against any legal action filed by a third party and against any sentence which might be pronounced against it in relation to the use by the Association des Professionnels du Luxe, for the purposes of the Site, of information and photographs received by the Association via the interactive services.

Article 7: Financial conditions

The price of access to the Site is included in the yearly membership fee. The access price does not include the costs incurred for connecting to the Internet network, such costs being the Member’s exclusive responsibility.

Article 8: Personal data

Pursuant with Act 78-17 of January 6th 1978 regarding computer data, files and personal freedom (known as “Loi Informatique et Liberté”) as amended, the Association des Professionnels du Luxe defines as “personal data or information “any information on a physical person, identified directly or indirectly by reference to an identification number or to one or several elements specific to her or him.”

As per express agreement between the Members and the Association des Professionnels du Luxe, the personal data collected within the framework of the Site are intended for the Association des Professionnels du Luxe for performance guarantee purposes.

The Members authorize the Association des Professionnels du Luxe to keep such data and use them as well as communicate them to the member companies belonging to the Association des Professionnels du Luxe, for the exclusive needs of the Site.

Each Member has a right to access, modify, correct and delete information about her/him collected upon

connection to the Site (see articles 38 to 40 of the “Loi Informatique et Liberté” act). S/He also has a right to oppose the processing of personal data and the transmission of data to third parties, namely to partners of the Association des Professionnels du Luxe.

The personal information collected within the framework of the Site is kept in compliance with the rules laid down by the “Loi Informatique et Liberté” act for a period justified by the purpose of processing such information.

To avail herself/himself of these rights, the Member shall send a postal mail to the following address: L’ASSOCIATION DES PROFESSIONNELS DU LUXE Association régie par la loi du 1er juillet 1901 25, rue de la Croix Nivert 75015 Paris

The Site has been registered with the Commission Nationale Informatique et Libertés (CNIL), on June 9th, 2006, and recorded with registration number 117 4883.

Article 9: Term Access to the “Members only” part of the Site is agreed for a determined term corresponding to the term of membership to the Association des Professionnels du Luxe

Article 10: Modifications to the General Terms of Use The present General Terms of Use are available for consultation on the Site at all times. The Association des Professionnels du Luxe may update the present General Terms of Use, namely according to

any legal, regulatory or technical evolution as well as any modification of the functionalities of the Site.

Article 11 : Contract documents

The application form for membership of the Association des Professionnels du Luxe, the present manual with the Policy and Procedures of the Association (including the General Terms of Use for the Site), adherence to the by­laws of the Association des Professionnels du Luxe, the Legal Mentions all are contract documents governing the relationships between the parties.

Article 12: Applicable statutes and competent courts

This agreement is governed by French laws.

In case of dispute arising from the interpretation, execution or cancellation of the present agreement, the Tribunal de Grande Instance de Paris and related jurisdictions have exclusive competence.

 

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