General Terms and Conditions of Use

 

These general terms and conditions of use (GTCU) exhaustively define the conditions of use of the marketplace accessible at www.my-stand.com and operated by TSC International SRL, whose registered office is located at rue des Pères Blancs 4, 1040 Brussels, Belgium, registered with the ECB under No. 0742.793.336.

Article 1 – Purpose and scope of the General Terms and Conditions of Use

1.1.          The use of the www.my-stand.com marketplace and the services associated therewith is subject to unconditional acceptance of these general terms and conditions, and of all other conditions or notices on the my-stand.com site or on the registration forms that Users must download and complete in order to use the services offered by the marketplace.

1.2.          The present general conditions are intended to govern the entire contractual relationship between TSC International SRL, whose registered office is located at rue des Pères Blancs, No. 4, 1040 Brussels, Belgium, and the User. The User therefore waives the right to invoke any general and/or special conditions.

1.3           In the event of modification of the general conditions of use by TSC International, the applicable version shall be that in force on the site at the time of acceptance thereof by the User.

1.4.          The transactions concluded by Users via the my-stand.com marketplace are also exclusively governed by these general terms and conditions.  Any special conditions that may have been negotiated between the Supplier and the Customer are not opposable to TSC International, even if they have been notified to TSC International.

1.5.          Irrespective of their capacity, Users declare that they are capable of entering into a contract under Belgian law and declare, where applicable, that they validly represent the person for whom they are contracting. Professional Users undertake to comply with these General Terms and Conditions of Use for all their employees, servants and agents.

1.6.          Unless proven otherwise, the data recorded by the site constitute proof of all facts, acceptance and transactions.

Article 2 – Definitions

“Users”: any person who uses the services of my-stand.com or who communicates information to my-stand.com for this purpose.

“my-stand.com marketplace”: the site operated by TSC International SRL under the address www.my-stand.com with a view to enabling Users to use its services.

“Services”: the services of putting Users in contact and the ancillary services provided by TSC International SRL within the framework of making the marketplace available.

“Stand builders”: Users who use the my-stand.com marketplace in order to sell their products or services.

“Exhibitors”: Users who use the my-stand.com marketplace in order to find a supplier.

“my-stand.com”, “TSC International SRL”, “TSC”, “My Stand” means TSC International SRL (ECB 0742.793.336)

“Intellectual Property Rights” means all intellectual property rights, existing throughout the world, and the subject matter of such rights, including: (a) patents, copyright, registered designs, registered and unregistered trademarks, and any right to confidentiality of confidential information; and (b) any application or right to apply for registration of any of the rights referred to in subparagraph (a), whether or not such rights are registered or registrable and whether or not they exist under any law.

“Interim Payment” means a payment made by the Stand builder for the provision of the Stand builder’s services under a User Agreement and which shall be released in accordance with the “Interim Payments” section of these terms and conditions.

Article 3 – Access to Services

3.1.          The Service consists of an intermediation marketplace between the various Users registered on the My-Stand.com Site who may be professional exhibitors, organisers, stand design agencies, stand designers, decorators etc. (hereafter grouped into two distinct categories: “Exhibitors” and “Stand Builders”) and this within the framework of the organisation of events of all kinds (exhibitions, fairs, shows, etc.).

3.2.          Stand Builders are specialists in stand design who have been selected in advance. My-Stand.com reserves the right to refuse at its discretion a stand builder who does not correspond to the selection criteria.

3.3.          Access to the Services may be withdrawn at any time upon simple notification and without compensation by TSC International SRL whether definitively or temporarily (1) in the event of a complaint by Users, third parties or public or judicial authorities, (2) in the event of suspicion of fraud, (3) or in the event that the User concerned no longer satisfies for any reason whatsoever the conditions of registration or use of the marketplace, or that he has knowingly or unknowingly given to my-stand.com with inaccurate information during the registration procedure or when using the Services.

Article 4 – Description of the Service

4.1.          When using the Service, the Exhibitor describes his stand project by answering the questions asked by my-stand.com.  After verification of the answers by my-stand.com, the project is proposed to stand builders who will communicate their offers on the my-stand.com marketplace.  The Exhibitor can then choose the offer that seems most suitable.   Unsuccessful Exhibitors are informed of this.

4.2.          Upon acceptance of the offer, the Exhibitor undertakes to work with the selected Stand builder.  He undertakes to make the total payment of the service to a third party account of TSC International if the first day of the event relating to the service takes place in less than three months and otherwise an interim payment of 25% of the total amount of the service if the event relating to the service takes place in more than three months.

4.3.          Upon acceptance of the offer by the Exhibitor, the selected Stand builder undertakes to provide the service.  Three months before the first day of the event relating to the service and if the Exhibitor has made his payment to TSC International’s third-party account, TSC International shall transfer an interim payment of 25% of the total amount of the service to the Stand builder’s bank account.

4.4.          When the service is fully completed and validated by the Exhibitor, the balance of the amount paid by the Exhibitor to TSC International’s third-party account is transferred to the Stand builder.

Article 5 – Registration conditions

5.1.          The use of the my-stand.com website is prohibited if you :

• Are not legally authorised to sign contracts
• Being suspended or banned as a User of my-stand.com
• Don’t have a valid email address

Article 6 – Conditions of use

6.1.          When using my-stand.com, you shall not attempt or carry out any of the following operations:

• infringe the laws or the rights of third parties;
• fail to make payment for the services provided to you;
• not provide the services you have sold;
• circumvent or manipulate our pricing structure, billing process or fees owed to TSC International srl;
• publish false, inaccurate, misleading, defamatory or offensive content (including personal information);
• take any action that may impact the service and user rating systems;
• transfer your my-stand.com account and username to another party without our consent;
• distribute or publish spam, unsolicited or mass electronic communications, chain letters or pyramid schemes;
• distribute viruses or any other technology that may harm my-stand.com, the Website or the interests or property of my-stand.com users (including their intellectual property rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• upload and consolidate advertisements on our website for posting on other websites without our express written permission
• incorporate any part of our website into another website without our prior written permission;
• attempt to modify, translate, adapt, edit, decompile or disassemble any software that we use in connection with our website;
• copy, modify or distribute any rights or content on our website
• collect information about Users, including e-mail addresses, without their consent.
• use my-stand.com to facilitate the exchange of money, including, but not limited to, crypto-money, to engage in money laundering or to finance illegal activities.
• The Exhibitor may not carry out an assignment or additional assignment for an Exhibitor outside the my-stand.com marketplace if he has been put in contact with the Exhibitor by my-stand.com.  This shall apply until one year after his cancellation or removal from my-stand.com.
• If an assignment or additional assignment with an Exhibitor, with whom he has been put in contact by my-stand.com, has been agreed outside my-stand.com, the stand builder shall immediately notify TSC International srl in writing, providing the elements necessary for the calculation of the remuneration of TSC International srl as set out in the individual contract between the stand builder and TSC.

Article 7 – Penalties for non-compliance with the conditions of use

7.1.          At the first infringement of the conditions of use, the stand builder agrees to pay TSC the remuneration provided for in his contract increased by 50 %.

7.2.          On the second breach of the conditions of use, the stand builder agrees to pay TSC the remuneration provided for in his contract increased by 100%; he will also accept a three-month suspension of his account.

7.3.          In the event of suspension of his account, the stand builder shall remain liable for the remuneration provided for in his contract.

7.4.          On the third infringement of the conditions of use, the stand builder agrees to pay the remuneration to TSC as provided for in his contract increased by 150%; he shall also agree to be banned from using my-stand.com for an indefinite period of time.

Article 8 – Payments on third party accounts

8.1.          The amounts entrusted to TSC International srl are deposited in a bank account until both parties (Stand builder and Exhibitors) jointly agree to their release or until a court decision gives their release.

8.2.          Amounts entrusted to TSC International srl are subject to EURIBOR 30 days – 1% interest.

8.3.          The amounts entrusted to TSC International srl are kept in a bank account of a bank with a minimum S&P short-term rating of A-3.

Article 9 – Tariff conditions

9.1.          The online publication of a briefing by an Exhibitor is totally free of charge.

9.2.          The use of the TSC International srl third party account by the Exhibitor costs 3% of the amounts paid.  These amounts are added to the amounts owed to the Exhibitor.  An invoice will be issued by TSC International for these costs.

9.3.          Access to the my-stand.com marketplace for stand builders is conditional upon the signing of an individual contract between the stand builder and TSC International srl.  This individual contract includes the tariff conditions.

Article 10 – Promotion

10.1.         My-stand.com reserves the right to display your company name, logo, images or other elements in our communication or marketing; unless you have explicitly requested that we do not do so and we have agreed to your request in writing.

10.2.         You acknowledge that my-stand.com may use the public description of your projects and the content of your profile information on my-stand.com for marketing and other related purposes.

Article 11 – Advertising

11.1.         Unless otherwise agreed by TSC International srl, you are not authorised to advertise an external website on my-stand.com. Any website address published on my-stand.com, including in a briefing, an offer, a description, a clarification table or in the message module, must relate to a project or briefing included on my-stand.com.

Article 12 – Communication with other Users

12.1.         Communication with other users on my-stand.com shall be carried out by means of the chat functionality and information posted on my-stand.com.

12.2.         You may not publish your e-mail address or any other contact information (including, but not limited to, Skype ID or other means of identification on other marketplaces), except in the “e-mail” field of the registration form and only at Our request.

12.3.         Unless You have a prior relationship with a User, you shall only communicate with Users via my-stand.com. You must not and must not attempt to communicate with other Users by any other means, including but not limited to e-mail, telephone, Slack, Skype, Whatsapp, Telegram, Messenger, WeChat, SnapChat or otherwise.

12.4          With respect to Video Chat and Audio Chat, all terms agreed between Users must be confirmed in writing using the Chat or Direct Message feature.

12.5.         TSC International reserves the right to read all correspondence published on the Website and to download or access all downloaded files relating to your use of my-stand.com for the purposes of investigating fraud, regulatory compliance, risk management and for other purposes.

Article 13 – Intellectual property

13.1.         Site content = TSC property

13.2.         No TSC rights on what is produced by the Users.

Article 14 – Responsibilities

14.1          My-stand.com is only bound by an obligation of means.  It does not guarantee the seriousness or solidity of the Users.

14.2.         My-stand.com shall not be held liable for the possible inaccuracy of the information transmitted knowingly or unknowingly by the Users.

14.3.         My-stand.com only acts as a liaison between the Stand builders and the Exhibitors.  This relationship does not generate any other obligations on the part of TSC International srl than those provided for in these general conditions. My-stand.com cannot in any case be involved or questioned in any possible dispute between a Stand builder and an Exhibitor.

14.4.         The Users undertake to inform my-stand.com without delay as from the discovery of a technical malfunction. In the event of an interruption of Service by my-stand.com related to corrective maintenance, my-stand.com shall do everything possible to remedy the malfunction within a reasonable period of time. The security and integrity of communications on the Internet cannot be guaranteed. My-stand.com declines all responsibility for the consequences of technical failures of the Site or in relation to the Site, in particular with regard to any difficulty of access.

14.5.         The Service sold on my-stand.com complies with the regulations in force in Belgium. TSC International srl shall not be held liable in the event of non-compliance with the legislation of the country in which the Site is accessible, which it is up to Users to check.

14.6.         TSC International srl shall not be held liable for any technical or software failure or any other cause beyond its control. Regardless of the type of Service, TSC International srl’s liability is expressly limited to compensation for direct damages proven by the Users. TSC International srl’s liability towards the Stand builders is limited to the amounts already paid by the User to TSC International srl within the framework of the mission accepted by the Stand builder. With regard to the Exhibitors, the liability of TSC International srl is limited to the amounts already paid by the User to TSC International srl for the mission entrusted to a Stand builder.

14.7.         Under no circumstances shall my-stand.com be held liable for indirect damages such as loss of data, file(s), operating loss, commercial prejudice, loss of profit, damage to image and reputation. My-stand.com shall not be held liable for disputes arising between a User and his own customers or suppliers.

14.8.         The use and exploitation of the information provided by my-stand.com is made under the sole responsibility and at the risk and peril of the Users. The latter are solely responsible for the interpretations they make of the information provided under the Service.

14.9          It is expressly stipulated that the role of my-stand.com is limited to bringing together Exhibitors and Stand builders, who are fully free to contract or not subsequently, without TSC International srl being held liable. My-stand.com is a third party to the contractual relationship that may bind the Users following its Service, whether they are Exhibitors or Stand builders.

14.10.       In this respect, my-stand.com shall not be held liable, in particular, for the non-feasibility of the specifications drawn up by an Exhibitor or for delays in the execution of the services proposed by a Stand builder in his quotation or for any failure in the services provided by the Stand builder.

14.11.       In any event, Users shall guarantee TSC International srl against the consequences of claims or actions arising from a breach of these GTCU that my-stand.com may be subject to.

Article 15 – Force majeure and inability to provide the Service

15.1          TSC International srl shall not be liable to Users in the event of failure to perform its obligations resulting from an event of force majeure. The following shall be considered force majeure or fortuitous events, in addition to those usually recognised by the jurisprudence of the Belgian Courts and Tribunals and without this list being restrictive: strikes or social conflicts internal or external to TSC International srl, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of TSC International srl.

Article 16 – Termination

16.1.         Exhibitors may terminate the Service at any time by sending an e-mail to info@my-stand.com.   Stand builders are invited to refer to the cancellation conditions included in their contract.

16.2.         Furthermore, TSC International reserves the right to immediately terminate the User Service in the event of a breach by the Users of these general terms and conditions of use.

16.3.         Termination of the Service shall automatically entail the suspension and termination of the Service as subscribed to by the Users with my-stand.com as well as the immediate payment of all sums due in principal, costs and accessories (late payment interest, penalties, etc.).

16.4.         The modifications to the GTCU shall be binding on the Users of the Site and on the Users who have accepted them as from the time they are put online.

16.5.         In the event of refusal of the new GTCU, my-stand.com is free to terminate this commitment.

Article 17 – Confidentiality, privacy and GDPR policy

The Privacy Policy is available here and is an integral part of these GTCU.

Article 18 – Applicable law – Language

18.1.         These general terms and conditions of use are governed by Belgian law. In the event that they are translated into a language other than French, only the French text shall be authentic in the event of a dispute.

18.2.         The nullity of a contractual clause does not entail the nullity of the GTCU. The temporary or permanent non-application of one or more clauses of the GTCU by TSC International srl shall not constitute a renunciation on its part of the other clauses of the GTCU which continue to produce their effects.

18.3.         The competent courts for any dispute between my-stand.com and a User shall be the French-speaking courts of Brussels (Belgium).