Terms of Use
Entry into effect : 15 Feb 2022
THESE TERMS OF USE ARE APPLICABLE EXCLUSIVELY TO USERS
RESIDING IN A COUNTRY OF THE EUROPEAN UNION. IF YOU ARE A
RESIDENT IN THE UNITED STATES, PLEASE READ AND ACCEPT THE
TERMS OF USE THAT CAN BE ACCESSED FROM THE FOLLOWING
1. Purpose
DMR creates an application that can be accessed
via https://conference.myanmardmr.org , and an API (collectively, the Application )
via which it offers professional event organizers (the Organizers ) a solution enabling
them to create a platform for each of their events (the Event Platform ) that can be
accessed by registered natural persons and/or people who might be interested in the event
(the Attendees ) and businesses taking part in the event (the Exhibitors ).
The Application aims to enable Attendees and Exhibitors (collectively, the Users ) to
share content and easily connect with each other before, during and after the Event, in
order to expand their business network.
The purpose of these general terms and conditions (the Terms of Use ) is to lay down the
procedures and conditions governing usage of the services provided by DMR to Users
(the Services ) and set out the rights and obligations of the parties within this scope.
If required, the Terms of Use may be supplemented by conditions of use that are specific
to certain Services, which would then supplement the Terms of Use, and, if contradictory,
would prevail over them.
2. Application and Services provider & contact details
The Application and the Services are provided by DMR.
3. Access to the Application and Services
3.1 Legal capacity
The Application and Services can be accessed by:
  Any natural person with full legal capacity to make undertakings under these
Terms of Use. Natural persons without full legal capacity can access the
Application and Services only with the agreement of their legal representative.
  Any legal entity represented by a natural person with the legal capacity to contract
in the name of and on behalf of the legal entity.
4. Acceptance of the Terms of Use
Users agree to these Terms of Use by ticking a box the first time they log in to the
Application.
User acceptance must be full and unequivocal. Any conditional acceptance will be
regarded as null and void. Users who do not agree to being bound by these Terms of Use
must not access the Application or use the Services.
5. Registration
In order to use the Services, and when their account is not directly created by the
Organizer of the Event (the Account ), the User is required to complete a registration
form on the Application, completing all the required information, in particular their
name, first name and email address. The User acknowledges and agrees to the email
address given on the registration form being their username.
DMR reserves the right, at its own discretion and at any time following registration, to
undertake any checks that it deems appropriate, notably verifying the User's email,
identity and/or contact details.
Once the Account is created by the Organizer or by the User the latter will have
immediate access the Services.
All Users guarantee to DMR that the information provided on the registration form or
sent to DMR is accurate and is not in any way misleading. The User notably undertakes
to provide a valid email address. The User undertakes to immediately update their
personal information in their Account if any changes to the information occur.
The User acknowledges and accepts that the information provided in order to set up and
update their Account constitutes proof of identity.
The User accesses the Services by logging in to their Account using their email address
as the username and the password selected when registering. The User acknowledges and
accepts this.
Users can log in to their Account at any time once they have entered their username and
password.
The User undertakes to make personal use of the Services and not allow any third party to
use them on their behalf or instead of them, unless they take full responsibility.
Users are also responsible for keeping their username and password confidential and
secure. Any logins to the Application using their username and password will be deemed
to have been effected by the User.
The User must immediately contact DMR using the contact details listed in Clause 2 if
they notice that their Account has been used without their knowledge. The User
acknowledges that DMR is entitled to take all the appropriate measures in this case.
6. Services
The User has access to the following Services in a format and in line with the technical
resources and features that DMR deems most appropriate.
6.1 Services
6.1.1 The Event Page
DMR sends an email to Users whose name and contact details have been provided to it
by the Organizer containing an internet link that will allow them to connect and access,
from the Application, the Event Page for the Event for which they have pre-registered
(the Event Page ). The User must connect using the email address provided by the
Organizer.
Users may continue to access the Event Page indefinitely after the Event end date, unless
the Organizer decides to shut down access to the Content of the aforementioned Event
Page.
6.1.2 Interactive Services
Depending on the DMR options selected by the Organizer, the User can also access one
or more of these Services:
  Attendee networking and suggested people to meet
  The Exhibitor and Attendee meeting module.
  Event program.
  Discussion groups.
  List of Exhibitors.
  Push notifications.
  Twitter feed.
  Interactive Event map.
6.1.3 Subsequent Events
The User may use their Account for other subsequent Events. In this way, the Application
may send the User personalized interactions based on those they had during previous
Events they attended.
6.2 Other Services
DMR reserves the right to offer any other Service it deems appropriate, in a format and
with the technical features and resources that it deems most appropriate to deliver these
Services.
7. Right of withdrawal
In the case where:
  the User's subscription to a paid Service on the Application meets the criteria of an
off-premises contract as understood between the User and DMR, the User has a
right of withdrawal, for a period of 7 (fourteen) days from the validation of their
order.
They may exercise this right by sending their wish to withdraw to DMR using the contact
details indicated at the beginning of these Terms of Use, before the expiration of the
aforementioned period, using the template below, or using any other unambiguous
declaration expressing their desire to withdraw.
In the event that this right of withdrawal is exercised, DMR will reimburse the User for
all payments received from the latter, without undue delay and, in any event, no later than
7 seven days from the day on which DMR was informed of the User's decision to
withdraw. The refund will be made using the same means of payment as that used for the
initial transaction, unless the User expressly agrees to a different channel of payment. In
any case, this refund will not incur any costs for the User.
The User is however expressly informed and accepts that if the Services have been used
before the expiration of the above period, DMR will then be deemed to have provided the
Services before the end of the withdrawal period. Consequently, the User expressly
waives, in this case, their right of withdrawal, which cannot therefore be exercised.
8. Length of Services and unsubscribing
The Terms of Use apply throughout the User's period of usage of the Services.
Users are subscribed to Services throughout the time their Account is open.
Users can unsubscribe by deleting their account at any time in the App. This takes
immediate effect and leads to the User's Account and data being automatically deleted.
In the event that the User's Account remains inactive for a continuous period of 3 (three)
years, DMR may delete the User's Account and all of their data.
9. Agreement on proof
The User expressly acknowledges and accepts:
  data collected by the Application and on DMR's IT equipment is a true reflection
of the transactions taking place under the scope of this agreement,
  this data constitutes the main mode of proof admitted by the parties.
10. User responsibility and obligations
Without prejudice to the other obligations contained in these Terms of Use, the User
undertakes to adhere to the following:
10.1 When using the services, the User undertakes to adhere to these Terms of Use, as
well as the law and regulations in force, and to not infringe the rights of third parties or
public order.
The user alone is responsible for their usage of the Application and Services.
10.2 The User undertakes to provide DMR with all the information needed to properly
deliver the Services. In a more general sense, the User undertakes to cooperate actively
with DMR with a view to the proper implementation of the General Terms and
Conditions.
10.3 The User alone is responsible for the documents, details, data, information and any
content that it provides DMR as part of its usage of the Service. The User guarantees to
DMR that it is authorized to provide this information and that it has all the rights and
authorization needed to use this information within the framework of the Services.
10.4 The User states that they have acquainted themselves with the Application and its
features.
10.5 The User alone is responsible for their behavior at Event venues and undertakes to
adhere to the general conditions stipulated by these venues.
10.6 The User alone is responsible for their usage of the Services and notably for the
contacts they may forge with other Attendees and Exhibitors with whom they may enter
into contact, and for the information that the User sends them via the App.
10.7 The User undertakes to make strictly personal usage of the Services. Consequently,
the User will refrain from assigning, ceding or transferring all or some of its rights and
obligations under this agreement to a third party, in any manner.
10.8 The User alone is responsible for all content (text, graphical, audio, audiovisual and
other content types) that they publish on the Application (the Content ) and for any
resulting repercussions.
The User accepts that the Content published on the Application is made public by default
and may be viewed by other Users.
10.9 The User warrants to DMR that it has all the rights and authorizations required to
disseminate this Content. The User warrants that this Content is lawful, does not
contravene public order, morality or the rights of third parties, does not breach any
legislative or regulatory provision, and more generally, cannot in any way result in civil
or criminal liability for DMR.
The user will therefore refrain from disseminating, notably but not limited to:
  child pornography, pornography, defamatory, abusive, racist, obscene, indecent,
shocking, violent, xenophobic or revisionist Content,
  infringing content,
  Content that violates a third party's image,
  Content that is false, misleading or proposes or promotes illegal, fraudulent or
misleading activities,
  and more generally Content that may infringe the rights of third parties or be
detrimental to third parties, in any manner or form.
11. User guarantee
The User holds DMR harmless against any complaints, claims, actions and/or demands of
any kind that it may face due to the breach by the User of any of its obligations or
guarantees under the terms of these Terms of Use.
The User undertakes to compensate DMR for any damage that it may suffer and to pay
all of its fees, expenses and/or penalties that it may incur as a result.
12. DMR's responsibility and liability waiver
12.1 DMR undertakes to deliver the Services diligently and in line with best practice,
with the understanding that it has a best efforts obligation, to the exclusion of any
performance guarantees, and the user expressly acknowledges and accepts this.
12.2 DMR's only role is to provide the Services described in these Terms of Use.
12.3 DMR is not involved in the relations between Users and Organizer, and cannot
under any circumstances be held liable for any difficulties that may occur between them,
or be involved in any disputes that may arise, notably concerning the delivery of
Exhibitor Services, Attendee obligations, guarantees, declarations and any other User
obligations.
However, with a view to continually improving the quality of the services, DMR invites
Users to feed back about any difficulties that they may wish to bring to DMR's attention.
12.4 DMR does not make any guarantee to the User that the Services offered will meet
all the User's needs and expectations.
12.5 DMR cannot be held liable for the decisions taken by the User or by any third
party appointed by the User. Similarly, DMR cannot under any circumstances be held
liable for the Content published by the User on the Application, over which DMR has no
oversight, or verifying or moderating role of any sort.
12.6 DMR undertakes to make regular checks to verify that the Application and its
website are working properly and are accessible. In this respect, DMR reserves the right
to temporarily suspend access to the application for maintenance purposes.
Likewise, DMR cannot be held liable for users being temporarily unable or finding it
difficult to access the application if caused by outside circumstances, force majeure or
caused by disruption to the telecommunications network, with Users being aware of the
complex nature of global networks and of the times of day when large numbers of users
are online.
The Services are delivered by DMR "as is" and without any kind of express or implicit
guarantees. DMR does not in particular warrant to Users (i) that the Services, subject to a
constant quest to improve, notably their performance and progress, will be totally free
from errors, defects or flaws, (ii) that the Services, which are standard and are not in any
way aimed solely at a specific User based on their own personal constraints, will
specifically meet their needs and expectations.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DMR WILL NOT BE LIABLE
TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS, CUSTOMERS OR ANY OTHER NON-MATERIAL DAMAGES)
ARISING FROM OR RELATED TO THEIR ACCESS TO OR USE OF THE
SERVICES, OR THEIR INABILITY TO ACCESS OR USE THE SERVICES OR ANY
MATERIAL OR CONTENT OF THE SERVICES, WHETHER BASED ON ANY
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LAW OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF DMR'S ENTITIES
HAD BEEN ADVISED OF THE POTENTIAL DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF
DMR WITH REGARD TO THE USERS FOR ANY CLAIMS ARISING FROM OR
RELATED TO THE USE OR INABILITY TO USE ANY PART OF THE SERVICES
OR OTHERWISE WITHIN THE FRAMEWORK OF THESE TERMS OF USE,
WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE, IS LIMITED TO 100
EURO.
EACH PROVISION OF THESE TERMS OF USE WHICH PROVIDES FOR
LIMITATION OF LIABILITY, EXCLUSION OF WARRANTY OR EXCLUSION OF
DAMAGES IS INTENDED TO APPORTION THE RISKS AMONG THE PARTIES
BY VIRTUE OF THESE TERMS OF USE. THIS APPORTIONMENT IS AN
ESSENTIAL ELEMENT ON WHICH THE AGREEMENT BETWEEN THE PARTIES
IS FOUNDED. EACH OF THESE PROVISIONS IS SEPARABLE AND
INDEPENDENT OF ALL OTHER THE PROVISIONS OF THESE CONDITIONS.
THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF A LIMITED
MOTION FAILS IN ITS PRIMARY OBJECTIVE.
14. Prohibited behavior
14.1 It is strictly prohibited to use the Services for the following ends:
  carrying out activities that are illegal, fraudulent or that infringe the rights or
security of third parties,
  violating public order or laws and regulations in force,
  hacking into the IT system of a third party or any activity that aims to harm,
control, interfere with or intercept all or part of a third party's information system,
violate its integrity or security,
  action taken to improve the SEO of a third-party site,
  assisting with or inciting, in any manner or form whatsoever, one or more of the
acts and activities described above,
  and more generally, any actions that use the Services for purposes other than that
for which they have been designed.
14.2 It is strictly prohibited for Users to copy and/or utilize for their own ends or those
of third parties the concept, technologies, all or part of the data or any other component
part of the Application.
14.3 The following is also strictly forbidden: (i) any behavior that would interrupt,
suspend, slow down or prevent Service continuity, (ii) any hacking or attempts to hack
into DMR's systems, (iii) any hijacking of the Application's system resources, (iv) any
actions that would place a disproportionate load on DMR's infrastructure, (v) any
attempts to breach the security and authentication systems, (vi) any acts that could
infringe the financial, business or moral interests and rights of DMR or Users of its
Application, and finally and more generally (vii) any breaches of these Terms of Use.
14.4 It is strictly forbidden to make money from, sell or cede all or part of the access to
the Services or Application, and to the information hosted and/or shared on it.
15. Penalties for breaches
In the event of a breach of any of the provisions of the Terms of Use, or more generally,
any violation of laws and regulations by the User, DMR reserves the right to take all
appropriate measures and notably to:
  suspend, remove or prevent access to Services by a User who has committed a
breach or violation, or who has taken part in one,
  delete any Content linked to the breach or violation in question, fully or partially,
  take all appropriate measures and instigate any legal proceedings,
  notify the relevant authorities where applicable, and cooperate with them and
provide them with all the information they need for their investigation and to
suppress illegal or illicit activities.
The User is advised and accepts that any breach of their obligations may, apart from the
consequences outlined above, lead to the immediate termination of these Terms of Use by
DMR by any written means.
16. Intellectual property
The systems, software, structure, infrastructure, databases, codes and content of any kind
(templates, text, images, visuals, music, logos, trademarks, databases etc.) used by DMR
on the Application are protected by any intellectual property rights and database producer
rights in force. Any dismantling, decompilation, decoding, extraction, reuse, copying and
more generally, any reproduction, representation, dissemination and usage of any of these
elements, either in full or partially, without DMR's authorization, is strictly forbidden and
may lead to legal action being taken.
The User grants DMR an unlimited, perpetual, irrevocable and non-exclusive right to use
their suggestions or proposals for improving the Application or the Event Pages, in any
way or for any purpose.
By posting Content on the Application, the User thus grants DMR a non-exclusive,
worldwide and royalty-free right and license (with the right to sub-license) to host, store,
transfer, display, run, reproduce, and modify all or part of such Content, in any format
and through any channel currently known or hereafter developed.
17. User personal data
DMR undertakes to comply with data protection regulations and in particular with EU
regulation 2016/679 of the European Parliament and Council of 27 April 2016 (General
Data Protection Regulation, hereafter the GDPR ).
DMR implements a personal data protection policy. Its characteristics are explained in
the Confidentiality Policy.
The User is expressly invited to peruse the document. DMR guarantees that its sub-
processors who may collect and process personal data on its behalf as part of the
provision of the services implement the appropriate technical and organizational methods
to ensure compliance with the GDPR and more generally with personal data regulations.
DMR notably guarantees that the procedures applied by the aforementioned sub-
processors are governed by contractual provisions compliant with GDPR rules.
The App User is informed and agrees to sharing with DMR the data that appears in their
Account and the data relating to their participation in the Event.
This information required by DMR is needed for the App to work. The Application aims
to enable users to share content and easily connect with each other before, during and
after the Event, in order to expand their professional network.
18. Links and third-party sites
DMR cannot under any circumstances be held liable for the technical availability of
websites run by third parties (including any partners) which the User may access via the
Application.
DMR does not assume any liability for the content, adverts, products and/or services
available on such third-party websites, and Users are reminded that these sites are
governed by their own terms and conditions of use.
This is a networking platform and is not responsible for relationships between the
Attendees, Exhibitors, Organizers and any advertisers, professionals or salespersons
(including its potential partners) to whom Users may be directed via the Application and
will not take part in any disputes whatsoever with these third parties, particularly
concerning Event participation, guarantees, declarations or any other obligations
whatsoever to which these third parties may be bound.
19. Advertising
DMR, in collaboration with the Organizer, reserves the right to include on any page of
the Application and in any communication with the Users advertising and promotional
messages in a format and in conditions decided upon solely by DMR.
20. Amendments
DMR reserves the right to amend these General Terms and Conditions at any time.
Users will be informed about these amendments via any pertinent method.
Users who do not agree to the amended Terms of Use must unsubscribe from the services
following the procedure explained in Clause 7 Length of services and unsubscribing.
Any User who makes use of the services after the amended Terms of Use have taken
effect is deemed to have accepted the amendments.
21. Language
If the Terms of Use are translated into one or more languages, in the event of a
contradiction or dispute about the meaning of a term or provision, the French language
version will be used to interpret the agreement.
22. Law and jurisdiction
These Terms of Use are governed by French law, and the only courts competent to deal
with any dispute between the User and DMR which may arise regarding their validity,
interpretation or execution will be the courts of Myanmar, excepting any contrary and
mandatory procedural requirement.