This membership contract (hereinafter the « Contract ») is established by the company LA SOURCE, a simplified joint stock company registered in the Lyon Trade and Companies Register under number 822 977 569, whose registered office is located at 48 avenue Paul Santy, 69008 Lyon (hereinafter referred to as « LA SOURCE »),
LA SOURCE is a company specialized in the supply of services in the field of esports.
It provides to its members, within a space dedicated to esport practice located in its premises (hereinafter « E-Sport Space »), video game and streaming services as well as accessory services such as the sale of food and beverages.
Access to the E-Sport Area and related services is only possible with membership.
This Agreement is entered into between THE SOURCE and any person joining the E-Sports Arena (hereinafter a « Member ») (together the « Parties »).
ANY MEMBERSHIP TO THE E-SPORT AREA IMPLIES FULL ACCEPTANCE OF THE PRESENT CONTRACT.
Each Member acknowledges that he/she is fully aware that the signature of the present Contract takes place online at the time of his/her membership and that his/her agreement concerning the content of the present Contract does not therefore require his/her handwritten signature.
This Agreement is accessible at any time on the Platform in its most recent version under the following link: www.la-source.co/contrat-adhesion.
Each capitalized term used in this Agreement and its appendices shall have the meaning set forth in its definition in this section, with identical terms used without capitalization being considered in their ordinary sense.
« Membership » means any membership in the E-Sports Arena by a Member under the terms of this Agreement.
« Member » means any person who has joined the E-Sports Arena under the terms of this Agreement.
« Kitty »: means the virtual wallet personal to each Member to which the Orium deposited by the Member is credited.
« GTC » means the general terms and conditions of use governing the use of the Platform by Members. They are reproduced in Appendix 2.
« GTC » means the general terms and conditions of sale governing the sale of Services by THE SOURCE to Members. The GTC are accessible on the Platform under the following link: www.la-source.co/CGV
« Session-Account » refers to the virtual account to which the Oriums allocated by a Member to pay for a Service are credited.
« Member Account » means the personalized account created on the Platform by a Member at the time of registration and enabling him/her to access it.
« Deposit Conditions »: means the contract governing the deposit of Orium by a Member into his Kitty. The Deposit Terms are available on the Platform under the following link: [Link]
« Contract » means this Membership Agreement and its annexes.
« E-Sport Area » means the area dedicated to the practice of e-sports accessible on the Membership located in the premises of LA SOURCE, in which Members can benefit from the Services.
« Computer Environment » refers to the hardware (any computer terminal) and the computer system (server, administration system, software) of the E-Sport Space belonging to THE SOURCE.
« Desks » means the physical desks located at THE SOURCE’s Premises where a Member can deposit Orium and/or reserve Sessions with THE SOURCE’s staff.
« Premises » refers to the physical location managed by THE SOURCE at 76 rue Marius BERLIET, 69008 Lyon, in which the E-Sport Space is located.
« Orium »: refers to the vouchers, as defined in Article 256 Ter of the French General Tax Code, that Members must deposit in their Kitty to purchase the Services provided by THE SOURCE.
« Pack » refers to packs comprising a predefined number of Orium that can be deposited by Members in their Kitty.
« Platform » refers to the web platform published by THE SOURCE allowing the creation of a Member’s Account and on which any Member can deposit Orium, book and start Sessions. The Platform is accessible on mobile application.
« Points of Sale » means the physical points of sale located on the premises of THE SOURCE where a Member may purchase Products in exchange for Orium.
« Station » means a location consisting of a computer and its accessories (mouse, mat, headset etc.) located in the E-Sport Space on which the Services are performed.
« Services » means all Products and Services provided by THE SOURCE in the E-Sport Space. The Services are described in more detail in Schedule 1.
« Products » means the food and beverage products available at the Points of Sale that Members may purchase in exchange for Orium.
« Services » means the video game and streaming services provided in the E-Sport Area that Members may purchase in exchange for Orium.
« Session » means a video game and/or streaming session offered for booking by THE SOURCE under the terms of the T&Cs. To use a Service, the Member must reserve a Session and start it on an available Station.
« Orium Rate » means the price in Orium of a Service.
2. PURPOSE AND DURATION
The purpose of this Agreement is to define :
– the conditions of Membership in the E-Sport Area;
– the terms and conditions for the provision of the Services;
– the conditions of use of the Platform;
The Contract is applicable between the Parties for the entire duration of the Membership.
3.1 Membership terms and conditions
Any person wishing to join the E-Sport Area must create a Member’s Account on the Platform:
– by filling in the registration form provided for this purpose;
– by accepting without reservation the present Contract;
Any Membership is subject to validation of the Member’s Account by THE SOURCE.
Validation shall take place physically in the premises of THE SOURCE upon presentation of an identity document.
LA SOURCE reserves the right to refuse the Membership of any person in the event of a legitimate reason, without this being able to engage its responsibility in any way whatsoever.
Any person wishing to join the E-Sport Space undertakes to provide accurate, complete and sincere information during the Membership procedure.
THE SOURCE shall not be held responsible for any damage resulting from the provision of information that does not meet the above-mentioned characteristics.
3.2 Membership of a minor
Any Membership of a minor is subject to the express written authorization of one of his or her parents exercising parental authority or of his or her legal representative.
This authorization must be communicated to THE SOURCE at the time of validation of the Member’s Account on THE SOURCE premises in the presence of the parent benefiting from the exercise of parental authority or the legal representative.
3.3 Entry into force – duration
The Membership comes into effect as of the validation of the Member’s Account by LA SOURCE for an unlimited period.
It ends in the event of termination under the conditions of article 10 hereof.
3.4 Free Membership
Membership in the Esport Space is free.
LA SOURCE offers to its Members :
– Services: video game and streaming services;
– Products: food products and non-alcoholic beverages.
The Services are described in more detail in Appendix 1.
Members may access the Services only in the E-Sport Area located in LA SOURCE premises.
The Services are provided only to Members according to the payment system provided in Article 6 below.
5. SYSTEM OF PAYMENT OF BENEFITS
5.1 Payment in Orium
The Services are provided in exchange for payment in Orium.
Members can therefore only purchase the Services if they have a sufficient number of Orium in their Kitty.
5.2 Deposit of Orium – creation of the Kitty
Any Member may deposit Orium into his Kitty :
– either in person at one of the Kiosks located on the premises of THE SOURCE ;
– or online via the Platform.
Any deposit of Orium is made by Pack in accordance with the Deposit Conditions.
These conditions must be accepted without reservation by the Member before any deposit.
Any first deposit made by a Member will result in the creation of a Kitty to which the deposit amount will be credited.
5.3 Organization of the Kitty
Any transaction carried out in the E-Sport Area by a Member will be debited (purchase of Services) or credited (deposit of orium) to his Kitty.
Any Member will be able to access his Kitty on the Platform via his Member Account and consult his transaction history.
The amounts displayed in the Kitty are denominated in Orium only.
The Member can reload his Kitty in Orium at any time via the Platform or directly at one of the Kiosks located at LA SOURCE’s premises.
The Deposit Conditions are fully applicable to the Kitty reload.
Rules of use
The Kitty is strictly personal to each Member.
As a result of which:
– no transfer of Orium is possible between Members;
– any joint use of a Kitty with another Member is prohibited;
– the use of another Member’s Kitty is prohibited.
– each Member may only have one Kitty.
6. ACCESS TO BENEFITS
In order to access the Services, all Members must :
– purchase them with the Oriums at his disposal (6.1),
– according to a specific Orium Tariff (6.2),
6.1 Purchase of services
Purchase of Service
Purchase of Service: booking a Session
Any Member may purchase Services with the Orium available to him, by reserving Sessions.
The Member may reserve a Session :
– either in person at one of the counters located at LA SOURCE’s premises;
– or online via the Platform.
Any purchase of a Service is governed by LA SOURCE’s General Terms and Conditions of Sale, which must be accepted without reservation by the Member before any reservation of a Session.
The Oriums allocated to the payment of the reservation will be debited from the Member’s Kitty and will be credited to the Member’s personal Session Account.
Use of the Service: starting the Session
Use of the Service requires the Member to start the Session he or she has booked on an available Post.
To start a Session, the Member must
– log in to the Platform via his Member’s Account;
– access the page dedicated to the activation of Stations;
– choose an available Station;
– go to the selected Station and start the Session.
Each Session is timed. The timer starts automatically when the Session starts and stops when the Service ends or if it is interrupted (momentary interruption, end of the game, when the Member leaves the game, etc.).
The Member’s Session Account will be debited as he uses the Service in accordance with his Orium Tariff.
If the Member still has sufficient Orium in his Session Account after using the Service, he may use this balance to start his Session again after choosing an available Position as described above.
The Member will have 15 calendar days from the date of his reservation to start the Session he has reserved.
If he fails to do so, all the Orium that was allocated to the Session Account at the time of the reservation will be credited back to the Member’s Kitty. The Member will then have to make a new reservation if he/she wishes to use the Service again.
Any Member can also purchase Products with the Orium he/she has.
To purchase a Product, the Member must
– go to one of the Points of Sale located on the premises of LA SOURCE ;
– connect to the Platform via his Member’s Account, on his smartphone or tablet;
– go to the page dedicated to the purchase of Products;
– open the QR code page that appears and scan the QR code on one of the terminals provided for this purpose in the Point of Sale.
The Oriums allocated to the payment of a Product will be debited from the Member’s Kitty in accordance with the Orium Tariff for the Product.
6.2 Orium Tariff
Any Service provided by THE SOURCE is payable in Orium according to the Orium Tariff of the relevant Service.
THE SOURCE alone determines the Orium value of the Services, by setting the Orium Tariff.
THE SOURCE reserves the right to change the Orium Tariff of the Services at any time. In this case, it will inform the Members by any means, including by updating the Orium Tariffs on the Platform.
The Orium Tariffs will also be communicated to the Members by way of a display at the Ticket Offices and Sales Points.
THE SOURCE grants its Members the right to access and use the Platform in accordance with the terms and conditions set out in the GTC.
The Platform allows Members to join the E-Sports Area by creating a Member Account and to
– to deposit Orium on their Kitty;
– to manage their Kitty and to follow their history of transactions;
– to pay online for Services and to access them by starting Sessions;
8. OBLIGATIONS OF MEMBERS
8.1 Obligations relating to benefits
Each Member agrees to:
– to use the Products and Services in a normal, reasonable, non-fraudulent manner and in accordance with their intended purpose;
– to use the Products and Services in compliance with any applicable regulations, public order and good morals;
– to use the Services in compliance with the rights of third parties, and in particular of THE SOURCE’s partners (video game publishers in particular), and of THE SOURCE’s rights;
– not to distribute, disclose to the public, copy, reproduce, modify, create derived works, disassemble, decompile, in particular by reverse engineering, any content or element of the Services without the express prior written consent of THE SOURCE or, where applicable, of the third parties concerned;
– not to disrupt or attempt to disrupt the proper functioning of the Services in any way whatsoever, in particular by distributing viruses or other technologies likely to affect the functioning thereof or by circumventing any protection measure used to prevent or limit access to the Services;
8.2 Conduct in the Esport Area
All Members undertake when in the Esport Area :
– to respect all laws and regulations in force;
– to respect all internal rules, charters and rules of behaviour brought to his attention by any means, and in particular by posting in the Esport Area or by notification on the Platform;
– to always behave in a respectful manner towards LA SOURCE staff, other Members and any person present in the premises of LA SOURCE;
– to refrain from any violent, threatening, abusive, denigrating, racist, homophobic or other behavior towards the above-mentioned persons and from any behavior contrary to public order and good morals;
– not to damage in any way the premises of LA SOURCE (breakage, destruction, degradation, etc.);
– not to damage in any way the Computer Environment of THE SOURCE, and in particular :
not to disrupt or attempt to disrupt the proper functioning of THE SOURCE’s Computing Environment or the activities carried out therein,
not to distribute viruses or other technologies likely to harm THE SOURCE, other Members or the interests of third parties,
not to circumvent the measures used by THE SOURCE to prevent or limit access to its Computer Environment.
8.3 Default by Member
In the event of failure by the Member to comply with any of the obligations set forth in articles 8.1 and 8.2 above, THE SOURCE may terminate its Membership as of right, without compensation or notice.
In any event, the Member shall be solely responsible for any breach of the aforementioned obligations and for any harmful consequences thereof, and undertakes to hold LA SOURCE harmless from any action or claim brought against it as a result of such breach.
9. PROCESSING OF PERSONAL DATA
THE SOURCE is required to process personal data concerning Members in the context of the performance of the present Agreement, as a data controller within the meaning of the RGPD.
In this capacity, THE SOURCE undertakes to comply with the legal obligations incumbent upon it in respect of the protection of personal data, in particular with regard to the European Regulation 2016/679 of 27 April 2016 on data protection (RGPD) and the amended Data Protection Act of 6 January 1978.
10. TERMINATION OF MEMBERSHIP
10.1 Termination by the Member
The Member may terminate his or her Membership at any time by sending written notification to LA SOURCE by mail or by email to the address below:
By mail: LA SOURCE, 48 avenue Paul Santy, 69008 Lyon
By e-mail: email@example.com
Termination will take effect as of the date of dispatch of the notification by the Member.
10.2 Termination by The Source
LA SOURCE may, without notice or compensation, and by simple notification, terminate any Membership as of right in the event of failure by the Member to comply with an essential obligation stipulated herein, without prejudice to the possibility of claiming any damages to which it may be entitled.
In particular, the obligations stipulated in article 8 hereof and in article 10 of the GCU (Appendix 2) are considered essential.
In all other cases of breach, THE SOURCE may automatically terminate the Membership within 14 days of sending written notification to the Member concerned to remedy the breach committed, without prejudice to the possibility of claiming any damages to which it may be entitled.
In this case, the termination will be deemed to have been effected by the mere fact of sending a second notice if the Member has not remedied the alleged breach within the time allowed or has not made any observations that objectively justify the breach.
10.2 Effects of termination
Termination of Membership, for any reason whatsoever, results in any Member
– the closure of his or her Member’s Account on the Platform;
– the closure of his Kitty;
It also obliges the Member to
– immediately make any payment of the sums still due to THE SOURCE on the effective date of termination;
– immediately stop using the Platform.
In the event of termination by THE SOURCE, the Member may request a cash refund of his Orium.
However, THE SOURCE will not be obliged to refund the Orium :
– assigned to a Session started at the time of termination ;
– for which the period of use provided for in Article 5.4 has passed at the time of termination.
11. FORCE MAJEURE
Neither Party shall be liable to the other for any breach of its obligations if performance of the Contract is delayed or prevented due to force majeure as defined in Article 1218 of the French Civil Code and in the case law of the French Supreme Court.
Force majeure shall mean any event external to the affected Party, of an unforeseeable and irresistible nature, which prevents a Party from performing all or part of its obligations under the Contract.
The Parties agree in particular that the following events shall be considered as force majeure, without this list being exhaustive: acts of war, acts of terrorism, riots, labor disputes, internal and external strikes, lock-outs, natural disasters, epidemics, fire, flooding, water damage, lightning, legal or governmental restrictions, acts of administrative, governmental or judicial authorities not attributable to the fault of the defaulting Party, lack of energy supply, general shutdown of the Internet and of all communication networks.
The Party affected by a case of force majeure shall immediately inform the other Party by the means it deems appropriate, confirmed by registered letter with acknowledgement of receipt, justifying the exceptional circumstances that make it impossible to perform its contractual obligations, and producing all useful justifications.
In any event, the Party affected by the case of force majeure shall make its best efforts to limit its duration and consequences.
In the event that the event giving rise to the case of force majeure continues for more than one (1) month, either Party may terminate the Contract by registered letter with acknowledgement of receipt, unless otherwise expressly agreed by the Parties.
12. GENERAL PROVISIONS
12.1 Modification of the Contract
THE SOURCE is free to modify the Contract at any time.
Only the latest version of the Contract posted on the Platform shall apply.
THE SOURCE shall notify the Member by any appropriate means of the modification of the Agreement when the Member accesses the Platform.
12.2 Agreement of proof
The Parties acknowledge the evidential value of computerized data exchanged between them by any electronic means and in particular through the Platform.
The Member expressly acknowledges :
– the contractual value and validity of any acceptance made from the Platform, once he/she is connected to it;
– the enforceability of any action carried out from the Platform, once connected to it;
– that the connection logs of the Platform are authentic between the Parties.
The computerized registers, kept in the computer systems of THE SOURCE under reasonable security conditions, are considered as proof of the communications between the Parties.
12.3 Title and independence of clauses
In the event of any discrepancy or inconsistency between any of the titles appearing at the head of the clauses of this Agreement and the stipulations contained therein, the titles shall be declared non-existent.
If one or more of the terms or provisions of this Agreement are held to be invalid or declared invalid by law, regulation or a final decision of a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect and the Parties shall negotiate in good faith provisions equivalent to the invalidated provisions.
The fact that either Party does not claim the application of any clause of the Contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that Party of its rights under said clause.
12.5 Governing Law, Disputes and Jurisdiction
This Agreement is subject to French law.
Any difficulties of interpretation, execution and any disputes relating to this Agreement shall first be subject to an attempt at amicable resolution between the Member and THE SOURCE.
Mediation with the Member
In the event of a persistent dispute which could not be settled directly between THE SOURCE and the Member, the Member has the right to have recourse free of charge to the consumer mediator to which THE SOURCE belongs.
A resolution of the dispute may also be sought through the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the event of a dispute persisting after recourse to mediation, the Member who is a consumer may refer the matter, pursuant to Article R. 631-3 of the French Consumer Code, to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or to the court of the place where he or she resided at the time of the conclusion of the contract or of the occurrence of the harmful event.