Entry into force: May 30th, 2019
Swapcard Corporation provides a web app that can be accessed via www.swapcard.com and its subdomains, and an API (hereafter the Application) for content sharing and networking at professional events (hereafter the Event). The solution can be accessed by natural persons who are registered and/or who might be interested in the Event (hereafter Attendees) and businesses taking part in the event (hereafter the Exhibitors).
The Application aims to enable Attendees and Exhibitors (hereafter referred to jointly as the Users) to share content and easily connect with each other before, during and after the Event, in order to expand their professional network.
The purpose of these general terms and conditions (hereafter the General Terms & Conditions) is to lay down the procedure and conditions governing usage of the services provided (hereafter the Services) and set out the rights and obligations of the parties within this scope.
The conditions can be accessed and printed out at any time by going to the direct link at the bottom of the web page https://swapcard.com.
If required, the General Terms & Conditions may be supplemented by usage conditions specific to certain Services, which would then supplement the General Terms & Conditions, and, if contradictory, would prevail over them.
The Solution and Services are provided by Swapcard Corporation, an SAS (simplified joint stock company) registered on Paris' trade and corporate register under number 790 356 760, headquartered at 6 rue de Paradis in Paris (75010) (hereafter Swapcard).
Swapcard Corporation can be contacted via the following email address: firstname.lastname@example.org.
3.1 Legal capacity
The Application and Services can be accessed by:
3.2 Business solution and services
The Solution and Services are exclusively designed for business, meaning any and all natural persons and legal entities undertaking a remunerated activity other than occasionally in any sector of industry or commerce.
Users agree to these General Terms & Conditions 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 General Terms & Conditions must not access the Application or use the Services.
In order to use the Services, if the Event organiser has not directly created an account for them (hereafter the Account), the User must complete a registration form in the Application, providing all the required information, notably their surname, first name and email address. The User acknowledges and agrees to the email address given on the registration form being their username.
Swapcard 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.
The Account opened by the organiser or by the User therefore enables the latter to immediately access the Services.
All Users guarantee to Swapcard that the information provided on the registration form or sent to Swapcard 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 Swapcard using the contact details listed in Clause 2 if they notice that their Account has been used without their knowledge. The User acknowledges that Swapcard is entitled to take all the appropriate measures in this case.
The User has access to the following Services in a format and in line with the technical resources and features that Swapcard deems most appropriate.
6.1.1 Event Page
Swapcard sends Users, whose name and contact details were sent to it by the Event organiser (hereafter the Organiser), an email containing a link enabling the user to log in and access via the App the event page for which they have pre-registered (hereafter the Event Page) subject to logging in with the email address provided by the Organiser.
The Event Page remains open to Users without any time limit after the Event end date, unless the Organiser decides to shut down access to the content on the aforementioned Event Page.
6.1.2 Interactive Services
Depending on the Swapcard options selected by the Organiser, the User can also access one or more of these Services:
6.2 Technical support
Swapcard offers the User technical support via email at the following address: email@example.com, enabling them to flag up any difficulties encountered when using the Services.
6.3 Other Services
Swapcard 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.
The General Terms & Conditions 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.
8. Agreement on proof
The User expressly acknowledges and accepts:
Without prejudice to the other obligations contained in these General Terms & Conditions, the User undertakes to adhere to the following:
9.1 When using the services, the User undertakes to adhere to these General Terms & Conditions, 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.
9.2 The User undertakes to provide Swapcard with all the information needed to properly deliver the Services. In a more general sense, the User undertakes to cooperate actively with Swapcard with a view to the proper implementation of the General Terms and Conditions.
9.3 The User alone is responsible for the documents, details, data, information and any content that it provides Swapcard as part of its usage of the Service. The User guarantees to Swapcard 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.
9.4 The User states that they have acquainted themselves with the Application and its features.
9.5 The User alone is responsible for their behaviour at Event venues and undertakes to adhere to the general conditions stipulated by these venues.
9.6 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.
9.7 The User undertakes to make strictly personal usage of the Services. Consequently, the User shall refrain from assigning, ceding or transferring all or some of its rights and obligations under this agreement to a third party, in any manner.
9.8 The User alone is responsible for all the content of any kind (text, graphical, audio, audiovisual and other content types) that it publishes on the Application (hereafter 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.
9.9 The User warrants to Swapcard 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 Swapcard.
The user shall therefore refrain from disseminating, notably but not limited to:
The User holds Swapcard 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 General Terms & Conditions.
The User undertakes to compensate Swapcard 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.
11.1 Swapcard 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.
11.2 Swapcard's only role is to provide the Services described in these General Terms & Conditions.
11.3 Swapcard is not involved in the relations between Users and Organiser, 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, Swapcard invites Users to feed back about any difficulties that they may wish to bring to Swapcard's attention.
11.4 Swapcard does not make any guarantee to the User that the Services offered will meet all the User's needs and expectations.
11.5 Swapcard cannot be held liable for the decisions taken by the User or by any third party appointed by the User. Similarly, Swapcard cannot under any circumstances be held liable for the Content published by the User on the Application, over which Swapcard has no oversight, or verifying or moderating role of any sort.
11.6 Swapcard undertakes to make regular checks to verify that the application and its website are working properly and are accessible (www.swapcard.com). In this respect, Swapcard reserves the right to temporarily suspend access to the application for maintenance purposes.
Likewise, Swapcard 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.
11.7 The Services are delivered by Swapcard "as is" and without any kind of express or implicit guarantees. Swapcard 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.
12.1 It is strictly prohibited to use the Services for the following ends:
12.2 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.
12.3 The following is also strictly forbidden: (i) any behaviour that would interrupt, suspend, slow down or prevent Service continuity, (ii) any hacking or attempts to hack into Swapcard's systems, (iii) any hijacking of the Application's system resources, (iv) any actions that would place a disproportionate load on Swapcard'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 Swapcard or Users of its Application, and finally and more generally (vii) any breaches of these General Terms & Conditions.
12.4 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.
In the event of a breach of any of the provisions of the General Terms & Conditions, or more generally, any violation of laws and regulations by the User, Swapcard reserves the right to take all appropriate measures and notably to:
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 General Terms & Conditions by Swapcard by any written means.
Each party undertakes to keep strictly confidential the other party's documents, details, data and information which it receives and which will be clearly marked by the other party as being confidential. In the case of Swapcard, the parties expressly agree that this confidentiality obligation covers the personal data that it will have to process for the User within the scope of the Services.
All of this information is hereafter referred to as the Confidential Information.
The party receiving the Confidential Information undertakes not to disclose this information without the other party's prior agreement, for a period of three (3) years starting from the end of the delivery of the Services in question. The receiving party cannot pass on the information to employees, co-workers, interns or consultants unless they are bound by the same confidentiality obligation as the one contained in this agreement. This obligation does not cover documents, details, data and information:
(i) with which the receiving party was already acquainted.
(ii) already in the public domain when sent or which would become public without any violations of these General Terms & Conditions.
(iii) received lawfully from a third party.
(iv) required by the legal authorities in application of laws and regulations or with a view to establishing the rights of one of the parties under these General Terms & Conditions.
The systems, software, structure, infrastructure, databases, codes and content of any kind (templates, text, images, visuals, music, logos, trademarks, databases etc) used by Swapcard 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 Swapcard's authorization, is strictly forbidden and may lead to legal action being taken.
Swapcard 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).
Swapcard implements a personal data protection policy. Its characteristics are explained in the Confidentiality Policy. The User is expressly invited to peruse the document.
Swapcard 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.
Swapcard 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 Swapcard the data that appears in their Account and the data relating to their participation in the Event.
This information required by Swapcard 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.
Swapcard 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.
Swapcard 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.
The company is a networking platform and is not responsible for relationships between the Attendees, Exhibitors, Organiser 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.
Swapcard, in collaboration with the Organiser, 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 Swapcard.
Swapcard 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 general terms & conditions 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 General Terms & Conditions have taken effect is deemed to have accepted the amendments.
If the General Terms & Conditions 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.
The General Terms & Conditions are subject to French law and will be governed and interpreted in line with it.
The Paris, France Tribunal de commerce (commercial court) will be the only court competent to deal with any disputes that may arise about their validity, interpretation or performance, unless there is a contrary and mandatory procedural requirement.