The company Swapcard operates an online platform that can be accessed from www.swapcard.com as well as a mobile application (hereinafter collectively referred to as the "Platform") on which it offers networking services to professional persons or legal entities (hereinafter referred to as the "User” or "Users"), allowing them to increase their professional network under the conditions detailed below.
In this context, the Company offers its Users two types of service on its Platform.
Firstly, any User may access the contact management service and business card scanning service, synchronized with databases (hereinafter referred to as the "Scanning Services").
Secondly, the Company offers organizers of professional events (hereinafter referred to as the "Organizers") the opportunity to publish promotional pages of their events on the Platform and to facilitate networking between individuals and companies participating in their events. In this framework, any User who participates in a professional event as a visitor (hereinafter referred to as the "Attendee") or as an exhibitor (hereinafter referred to as the "Exhibitor") can access the networking services subscribed to by the Organizer (hereinafter referred to as the "Event Services") using the Platform.
The purpose of these general terms and conditions (hereinafter referred to as the "General Conditions") is to establish the terms and conditions for the provision of the Scanning and Event Services (hereinafter referred to as the “Services”), as well as to define the rights and obligations of the Parties within this framework. These General Conditions do not apply to Organizers, whose terms and conditions of use of the Event Services are regulated by another document.
These General Conditions express the entire agreement between the Parties and cancel and replace any other oral or written agreement, letter, proposal, or any other document with the same purpose that preceded these General Conditions.
They can be accessed and printed at any moment from a direct link on the Platform's homepage.
They may be subject to additional specific terms and conditions. The latter will be incorporated into these General Conditions and, in the case of any inconsistency between the General Conditions and these specific conditions, the latter will prevail.
The Platform and the Services are operated by the company Swapcard Corporation, a simplified joint stock company, registered under number 790 356 760 with the Registry of Trade and Companies of Paris, and whose head office is located at 6 rue de Paradis, 75010, Paris, France (hereinafter referred to as the "Company").
The Company can be contacted through any of the following channels:
Telephone: 01 42 59 68 76
E-mail address: email@example.com
Users agree that by registering for the Services, under the conditions provided for in the Article hereunder "Access to Services", they have read and expressly accept these General Conditions.
This acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any conditional acceptance will be considered as null and void. Any User who does not accept to be bound by these General Conditions must not use the Services, or access the Platform.
The Platform and the Services can be accessed by:
Users acknowledge and accept that they use the Services in the context of their professional activity only, excluding any use for personal purposes.
All Users are required to open an account with the Company on the Platform in accordance with the procedure described below to benefit from all of the Services (hereinafter referred to as the "Account").
Users can open their Account directly on the Platform. In that case, they must:
When a User is invited by an Organizer to an event, as an Attendee or as an Exhibitor, and if they do not already have an Account on the Platform, the Company will send them an email containing an invitation to connect to the Platform and activate their Account, which will have been pre-created for them by the Organizer, under the conditions detailed below. Users acknowledge and accept that they can then access all the Services available to them, provided that they log into the Platform using the email address that was provided when registering for the event, and to which the invitation email was sent.
Registration that is made by a User directly, or for a User by an Organizer, is automatically validated and leads to the opening of a personal Account. The Company nevertheless reserves the right, at its sole discretion and at any time after registration, to implement any verification process that it deems appropriate, especially concerning the email address of the User, their identity and/or their contact details.
An Account opened in this way allows a User immediate access to the Free Services only. Any User who wishes to benefit from Paid Services as detailed in the Article "Description of the Services" below must pay the price of such Services or take out a subscription under the conditions of the Article "Financial Conditions".
All Users guarantee the Company that the information provided on the registration form is accurate and is not misleading in any way. Users agree in particular to provide a valid email address. Users agree to inform the Company without delay of any changes in such information using the contact address indicated in the Article "Operator of the Services” in these General Conditions.
Users acknowledge and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity.
Users hereby acknowledge and accept that they can access the Services by logging in to their Accounts using their email address and password chosen at the time of registering or the first time they log in.
Only one Account may be created per User. The person whose personal information was provided on the registration form, or sent to the Company, is considered to be the user of the Services, and this excludes any other third party.
Consequently, Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, including any other User who uses the Services, unless accepting full responsibility for the consequences.
Users expressly acknowledge and accept that when an Account is opened on behalf of a legal entity, it may be operated by an authorized person whose personal information corresponds to those provided at the moment of registration for Services, as well as by the members of its staff. Each User is solely responsible for the proper use of the Services and the Account by the members of their staff, and this in compliance with these General Conditions.
Each User is also responsible for keeping their login ID and password confidential and expressly acknowledges that any use of the Services from their Account will be deemed to have been carried out by the User in question.
In the event that a User discovers that their Account was used without their prior knowledge, they undertake to inform the Company as quickly as possible, at the address indicated in the Article "Operator of the Platform" of these General Conditions.
Users agree not to make money from, sell, lease, exchange or more generally, trade all or part of their access to the Services, to the servers of the Platform, or to the information and/or texts, images, or other content used by the Company and/or any other User on the Platform within the framework of their use of the Services.
These General Conditions will apply throughout the duration the User uses the Services. Free Services are subscribed to for the entire period the Account is open. Paid Services are subscribed to for the duration of the Single-event Subscription or Full Subscription as specified in the Article "Financial Conditions" section, (hereinafter referred to as the "Period").
Users have access to the following Services in a format and according to the technical means that the Company deems the most appropriate. Users acknowledge and accept that they will not have access to the same Services, depending on:
9.1 Creation of a profile page
When a User’s Account is opened or activated, the Company provides the User with a profile page, on which the User can fill in their details, any information they wish to share, a photograph and various other content.
Users acknowledge and accept that their profile page is automatically pre-filled by the Company at the moment their Account is opened, based on the information provided by the User when registering for the Services, and/or collected on the internet by the Company, or provided by the Organizer. Users are free to modify and/or complete their profile at any time.
Users are hereby informed that their profile will be visible to and may be accessed by other Users who are attending the same events as them, and that their contact details will be shared with other Users with whom they have accepted to be connected through the Platform, within the framework of the Services. In this respect, Users acknowledge that the scan of their personal QR Code or their badge card by another User will create a connection between the Users in question and will share their contact information.
In the event that a User opens or activates an Account as an Exhibitor, the Company will create a dedicated profile page for them on which the Exhibitor can describe their company, promote the services they offer, present their teams and their skills, insert links to their web pages and/or any content they deem relevant.
In addition, each member of an Exhibitor's staff may open an Account on the Platform as an Attendee and be invited to an event in which the Exhibitor will be participating.
9.2 Scanning Services
The Company makes a tool available to all Users that will enable them to (i) scan the business cards of their contacts, store the data contained on said business cards and enrich this data with information from the web, (ii) export and synchronize the created contact lists with their CRM and/or other management software, and (iii) exchange their contacts with other Users.
Users acknowledge and accept that certain Scanning Services are available free of charge, while others are included in a Subscription package, this remaining at the discretion of the Company and also depending on the status of the User as Attendee or Exhibitor. Details of Free Services and Paid Services are specified on the Platform.
9.3 Services related to events
Users expressly acknowledge and accept that they may access:
(i)Services provided for them by an Organizer for a particular event
Users acknowledge and accept that when they are invited by an Organizer to an event, they may access all the Services subscribed to by the Organizer, and placed at their disposal on the event page on the Platform, for the entire duration that said event page remains open. They may not access Services related to the event to which the Organizer has not subscribed.
Within this context, depending on the Services subscribed to by the Organizer, Users may access the list of Attendees and Exhibitors for the event, the event program, tools for connecting Users who are invited to the same event, as well as content provided by the Organizer and/or by the community of Users invited to the event.
(ii)Paid services for all events to which they are invited
Users have the option of subscribing to one or more Paid Services allowing them to access other Services, offered at the discretion of the Company, on the various promotional pages of events to which they are invited.
The list of Paid Services can be accessed from their Account. It is drawn up by the Company, at its discretion or in consultation with the Organizer.
9.4 Other Services
The Company reserves the right to propose any other Service that it deems appropriate, in a format and according to the technical means that it also deems the most appropriate for providing such Service.
10.1 Price of Services
Free Services as detailed in the Article "Description of the Services", within the limits specified in said article, are provided to Users free of charge.
Access to Paid Services is subject to payment of the price of a Single-event Subscription (hereinafter referred to as “Single-event Subscription”) or a Full Subscription under the conditions detailed below. The different Single-event Subscription and Full Subscription packages are described on the Platform, using any means deemed pertinent by the Company.
The Single-event Subscription allows Users to access the Paid Services for the duration of a single event. In such a case, access to the Services ceases on the end date of the event as indicated on the Event Page. Users may order multiple Single-event Subscriptions successively and/or simultaneously.
A Full Subscription is taken out at Users’ discretion for a fixed period of one (1) month or one (1) year from the date of subscription renewed for periods of the same duration as the initial period, under the same terms and conditions, unless in the event of withdrawal under the conditions of the Article "Termination".
Prices are expressed in Euro and are exclusive of French taxes.
The Company reserves the right, at its discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.10.2 Terms of payment
The price of Full Subscription or of a Single-event Subscription is due in full on the day of subscription to the Services and on each renewal date, where appropriate.
The Company will send an invoice to Users, through any pertinent channels, on the due date of payment of the Subscription price.
The price is payable on the date of subscription to the Paid Services and on the renewal date. Users will make the payment through any channels deemed pertinent by the Company and in particular by bank transfer, using the bank details indicated on each invoice.
Users ensure the Company that they possess the required authorization to use the chosen means of payment.10.3 Non-payment
Users are hereby informed and expressly agree that any lateness of payment of all or part of an amount at its due term, will automatically entail, without prejudice to the provisions set out in the Articles "Sanctions for Breaches" and "Termination", and this without prior formal notice:
The Company undertakes to ensure, in terms of an obligation of means, the hosting of the Accounts, as well as any content posted online by the Users in their Accounts, in accordance with the practices of the profession and industry standards, on its own servers or those of a professional hosting provider, the latter also carrying out its activity in accordance with the practices of the profession and industry standards.
In this context, the Company undertakes to provide Users with adequate storage and processing capacities within the framework of the Services and in accordance with the practices of the profession and industry standards.
The Company undertakes to implement all technical means necessary, in compliance with industry standards, to ensure the security of and access to the Services, pertaining to the protection and monitoring of the infrastructures, the control of physical and/or virtual access to such infrastructures, and the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
The Company also undertakes to take all necessary precautions, with regard to the nature of the data and the risks involved in the automated data processing used for the Services, in order to protect the data, and in particular, prevent the data from being distorted, damaged or accessed by any unauthorized third parties.
The Company undertakes to ensure the permanence, continuity and quality of access to the Services throughout the duration of registration to the Services.
In this respect, the Company will make its best efforts to maintain 24/7 access to the Platform, and guarantees 98% availability of the Services, with the exception of cases of force majeure.
Furthermore, given the complexity of the Internet, the unequal capacity of the various sub-networks, the heavy influx of Internet users at certain times of the day, the various bottlenecks over which the Company has no control, the Company's responsibility will be limited to the operation of its servers, the outer limits of which are constituted by its points of connection.
The Company cannot be held responsible for (i) the speed of access to its servers, (ii) slowdowns that are external to its servers, or (iii) poor data transfers due to a failure or malfunction of these networks.
In the event that it is necessary, the Company reserves the right to limit or suspend access to the Platform and/or the Application to perform maintenance operations and/or implement developmental improvements.
As part of these maintenance and/or development operations, the Company undertakes to make its best efforts to create backups of the content stored in the Users’ Accounts and/or in the Application.
Users acknowledge and accept that this Service Level Guarantee does not cover every breakdown or disruption of Services that could be attributed to telecom operators or Internet or mobile web service providers or to poor internet coverage or saturation of internet access relating to the location of an event.
In any case, it is hereby expressly agreed between the Parties that any failure to respect any agreement in this article will not be considered as a breach of these General Conditions and liability will be limited under the conditions provided for in the Article "Exclusion of the Company’s Liability and Guarantee" below.
The systems, software, structures, infrastructures, databases, codes and content of any nature (text, images, graphics, visuals, logos, trademarks, databases, etc.) used by the Company on the Platform and/or the Application, as well as the Platform and the Application itself, excluding Content owned by Users, are protected by all applicable intellectual property rights or database creator's rights. Any dismantling, decompilation, deciphering, extracting, reusing, copying and generally any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of the Company is strictly forbidden and could incur legal proceedings.
Without prejudice to any other obligations stipulated herein, Users agree to respect the following obligations.
Users acknowledge and accept that, when they send an invitation to connect to another User, the latter will access to their email address and will get an overview of their business cards.
Each User guarantees the Company against any complaint, claim, grievance and/or action from any other User(s) and/or third parties claiming that the Content constitutes an infringement on their rights, of any nature whatsoever and in particular their intellectual property rights, or their rights of publicity or privacy. Consequently, each User agrees to compensate the Company for any prejudice that the latter would be subject to and agrees to pay any damages, as well as any fees, charges or expenses that the Company could be ordered to pay, or which would be provided for in a settlement agreement signed by the Company after having obtained the prior agreement of the User in question.
During the entire period that an Account is open and for a period of three (3) years after the closure of said Account, the Users undertake to keep strictly confidential all information and documents, of any nature whatsoever, that they have received from the Company as a result of these General Conditions and/or constituted as a result of these General Conditions, and in particular any information of an economic, strategic, marketing or legal nature or any manufacturing or business secrets, any know-how or software licenses, the databases and data constituting the execution of Services.
Users are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other component of the Platform.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into the Company's IT systems, (iii) any hijacking of the Platform's system resources, (iv) any acts that would place a disproportionate load on the Platform's infrastructure, (v) any attempts to breach the Platform's security and authentication structures, (vi) any acts that could infringe on the rights or financial, commercial or moral interests of the Company or of the users of its Platform and finally, generally, (vii) any breach of these General Conditions.
In the event of a breach of any of the provisions of these General Conditions, or more generally, any violation of any local policy or laws by a Userr, the Company reserves the right:
In the event that a User breaches an essential obligation arising from these General Conditions, or is repeatedly in breach of the latter, the Company reserves the right to terminate that User's access to all or part of the Services, effective immediately, by email notification. Termination will take immediate and full effect on the date the Company sends the User in question written notification, by way of application of this clause. This automatically, and without prior formal notice, brings about the deletion of the User's Account without prejudice to the other consequences potentially incurred through the application of these General Conditions.
Users expressly acknowledge and accept that the Company undertakes to provide the Services with diligence and in compliance with trade practices, specifying that it has an obligation to provide means, but this without any obligation of result.
Neither the Company nor the User will be entitled to use the provisions of these General Conditions to claim, in any way, the status of agent, representative or employee of the other, nor to enter the other into any commitment with any third party, beyond the Services provided for in these General Conditions. No special legal structure is formed between the Company and the User hereto, each Party keeping their total independence, their responsibilities and their own customers.
Users acknowledge that the Company's intervention is limited to the provision of the Services. The Company has no knowledge of the Content posted online by Users within the context of the Services, and will not moderate, select, check or monitor in any way this Content and with regard to which the Company only intervenes in its role of hosting provider.
Consequently, the Company cannot be held liable for said Content, whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
In addition, the Company does not guarantee the Company that:
Subject to these reservations, the Company's liability may only be incurred, under the conditions of common law, for the direct and foreseeable damages suffered by a User, resulting from the former’s failure to honour its contractual obligations as set out in these General Conditions.
Therefore, Users waive their right to claim compensation from the Company, for any reason whatsoever, for indirect damages, and in particular, for any loss of profits, loss of opportunities, any commercial or financial prejudice, any increase in overhead costs or losses whose origin can be linked to the execution of, or that can be considered a consequence of, these General Conditions.
In any case, the liability of the Company, that may be incurred in relation to these General Conditions, will be expressly limited as follows:
Moreover, the Company’s liability may only be incurred if a User sends the former a complaint, by registered letter with acknowledgement of receipt, within a period of one (1) month following such an occurrence.
Users acknowledge that the Services provide them with an additional, alternative solution for the promotion of their events and that this solution cannot substitute the other means that they may dispose of otherwise to reach the same goal.
As such, Users acknowledge and accept that the Company offers no guarantee with regard to the number of networking contacts that can be made or come to fruition through the Application.
The Company hereby declares that it complies with all obligations and regulations required of it with regard to the protection of personal data, this protection being aimed at ensuring the security and the confidentiality of the data that is collected and processed on its behalf, in its role as processor of this data. The Company undertakes to make all obligatory declarations to the French National Commission for Data Protection and Liberties (CNIL).
Users acknowledge and accept that, in the case where the creation of their account is instigated by an Organizer of an event in which they will be participating as an Attendee or as an Exhibitor, the Company subsequently creates their account solely following the instructions of the Organizer of said event, and that the Company can in no way be held liable in its role as external data processor in this respect. Users acknowledge and accept that they must bring their claim directly against the Organizer and exercise their right of access and/or rectification with the latter and may delete their account at any time on the web platform. Users are informed that the Company does not keep the email addresses of Users who have not activated their Account on the Platform following their invitation, for any longer than the legal period of three (3) years.
Users expressly authorize the Company, once the formers’ Accounts have been opened or validated on the Platform, to reuse all event-related data stored in their Account and/or data collected through the Scanning Services, as well as to access and use all data relating to the Users’ contacts, including those stored in the telephone on which the Platform is installed and/or in any application with which the Platform is connected, and to enrich this data by any means, for the purpose of offering them business match-making services such as the suggestion of events and/or contacts, under the conditions detailed above.
The Company expressly refrains from reselling the Users’ data and/or sending it to any third party, other than the Organizer of an event in which said Users are participating, and declares to only use said data on its own behalf for the purposes of its own business activity.
The Company has sole ownership of their respective names, trademarks, logos, signs and artwork.
The User undertakes to respect the intellectual property rights of the Company with regard to these brand-distinguishing signs and will refrain from using any analogy to them and/or creating any confusion in the minds of the public in this respect, for any purpose or in any manner whatsoever. In particular, the User undertakes not to:
§ Ever use the name of the other Party in its name or in any other business name or company name or
§ Register or have registered, during or after termination of the contractual relationship between the Parties, any trademark, name, logo, sign or artwork used by the other Party.
These General Conditions will not, therefore, imply any assignment of the intellectual property rights held by the Company over its brand-distinguishing signs to the benefit of the User, which the latter hereby expressly acknowledges.
The Parties authorize each other to make use of the name, trademark, logo and references of the other Party, as commercial references, on any medium and in any form, throughout the duration of these General Conditions and for five (5) years following the end of business relations between the Parties.
The Company can in no way be held liable for the technical availability or unavailability of Internet sites run by third parties (including its potential partners) that Users may access through links on the Platform.
The Company will not assume any liability for content, advertisements, products and/or services available on such third-party sites and Users are reminded that these sites are governed by their own terms and conditions of use.
The Company will not be held liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to whom Users may be oriented through the Platform and will not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
If either of the Parties fails to exercise any of their rights or powers pursuant to the provisions of these General Conditions, or exercises such rights or powers late, this will not be interpreted as a waiver of all or part of these rights or powers, and any unique or partial exercising of any right or power will not prevent subsequent implementation of such right or power.
The Company will not be held liable to Users in the event that the former's fulfilment of its obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Cases of force majeure, are those generally recognised as such by jurisprudence and the French courts.
An event of force majeure will initially suspend operation of the Services for a period that will not exceed three (3) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.
Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question will be deemed invalid or inapplicable, and the other provisions will remain in full effect and retain their full scope.
The Company reserves the right to amend these General Conditions at any time. The Company reserves the right to amend and/or cease to provide all or part of the Services, at its sole discretion.
Users will be informed of any amendments through all pertinent channels, at least thirty (30) days before their entry into effect. Failure Failure to terminate under conditions specified hereinafter in the article “Termination” will entail immediate application of the amended General Conditions to the current period. .
Any User who does not accept the amended General Conditions must notify the Company, through any pertinent channels, before the entry into effect of such amended General Conditions.
Any User who uses the Services after the entry into effect of the amended General Conditions will be deemed to have accepted these amendments.
The Company or the User may withdraw from these General Conditions without having to justify their decision, either at the end of the initial Subscription Period or at the end of each renewal period, subject to sending a registered letter with acknowledgement of receipt to the other Party, at least fifteen (15) days prior to the end of the current period.
Users who have not registered for Paid Services may opt out from the Platform at any time by sending an e-mail to the Company at the address indicated in the Article "Operator of the Platform". The withdrawal will be effective within a maximum of forty-eight (48) hours.26.2 Termination due to Breach
In the event that either of the Parties fails to honour any of its obligations as set out in these General Conditions, and for which this non-compliance has not been rectified within thirty (30) calendar days following the receipt of a formal notice to rectify said non-compliance, these General Conditions may be immediately terminated by the other Party ipso jure, without any judicial formality being required.
Termination of these General Conditions will be without prejudice to any damages to which the terminating Party may be entitled, as a result of the non-compliance of the other Party, or to any compensation which the former could possibly be due.
In the event of termination of these General Conditions by the Company due to a User's breach of their obligations, Users acknowledge and accept that the Company will retain all amounts paid for the Services and that the User in question will not request its restitution.
In the event of termination of these Terms and Conditions by a User due to a breach by the Company of its obligations, Users acknowledge and accept that they will be able to obtain the reimbursement of the amounts paid for current period at the date of termination.26.3 Consequences to Termination of Services
Users acknowledge and accept that the termination of the Services, for any reason whatsoever and in particular when the Subscription expires or in the case where a User opts out, entails the deletion of the User's Account after a period of three (3) years from the effective date of termination of the Services, in accordance with the provisions of the French Law No. 78-17 of 6 January 1978 relating to Information Technology, Data Files and Civil Liberties.
Users hereby acknowledge and accept that they are responsible for retrieving their data from the Database stored in their Account onto whatever medium and in whatever format they choose.
Users expressly acknowledge that the Company cannot ever be held liable for any loss or alteration of the information stored in a User’s Account, which occurred after the deactivation of the Account, for whatever reason, and in particular further to maintenance and/or an update of the Platform.
These General Conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or application of these General Conditions, the Parties hereby agree that the courts of Paris will be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
These General Conditions became effective on January, 15th 2018