Terms of Use

1. Purpose

Swapcard provides an app that can be accessed via www.swapcard.com and its subdomains, and an API (collectively, the Application) via which it offers professional event organizers (the Organizers) a turnkey 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).

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The Application aims to enable Attendees and Exhibitors (collectively, the Members) to share content and easily connect with each other before, during and after the Event, in order to expand their business network.

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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 Swapcard to Members (the Services) and set out the rights and obligations of the parties within this scope.

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The conditions can be accessed and printed out at any time by going to the direct link at the bottom of the website page https://swapcard.com.

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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.

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2. Application and Services provider & contact details

The Application and the Services are provided by Swapcard, an SAS (simplified joint stock company) registered on the Paris trade and corporate register under number 790 356 760, headquartered at Chez Spaces Bonne Nouvelle, 17 - 21 Rue Saint Fiacre, 75002 Paris, France (Swapcard). Swapcard can be contacted via the following address: https://help-attendees.swapcard.com/en/collections/5568248-attendees.

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3. Access to the Application and Services

3.1 Legal capacity

The Application and Services can be accessed by:

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3.2 Business Application and Services

The Application and the 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.

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4. Acceptance of the Terms of Use

Members agree to these Terms of Use by ticking a box the first time they log in or register to the Application.

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Member acceptance must be full and unequivocal. Any conditional acceptance will be regarded as null and void. Members who do not agree to being bound by these Terms of Use must not access the Application or use the Services.

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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 Memberis required to complete a registration form on the Application, completing all the required information, in particular their name, first name and email address. The Member acknowledges and agrees to the email address given on the registration form being their username.  

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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 Member's email, identity and/or contact details.

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Once the Account is created by the Organizer or by the Member the latter will have immediate access to the Services.

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All Members 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 Member notably undertakes to provide a valid email address. The Member undertakes to immediately update their personal information in their Account if any changes to the information occur.  

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The Member acknowledges and accepts that the information provided in order to set up and update their Account constitutes proof of identity.  

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The Member accesses the Services by logging in to their Account using their email address as the username and the password selected when registering. The Member acknowledges and accepts this.

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Members can log in to their Account at any time once they have entered their username and password.

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The Member 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.

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Members 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 Member.

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The Member must immediately contact Swapcard using the contact details listed in section 2 if they notice that their Account has been used without their knowledge. The Member acknowledges that Swapcard is entitled to take all the appropriate measures in this case.

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6. Services

The Member 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 Services

6.1.1 The Event Page

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6.1.2 Interactive Services

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6.1.3 Subsequent Events

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6.1.4 Paid services

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6.2 Technical support

Swapcard offers the User technical support at the following address: https://help-attendees.swapcard.com/en/collections/5568248-attendees, 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.

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7. Length of Services and unsubscribing

The Terms of Use apply throughout the Member's period of usage of the Services.

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Members are subscribed to Services throughout the time their Account is open.

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Members can unsubscribe by deleting their account at any time in the App. This takes immediate effect and leads to the Member's Account and data being automatically deleted.

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In the event that the Member's Account remains inactive for a continuous period of 3 (three) years, Swapcard may delete the Member's Account and all of their data.

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8. Agreement on proof

The Member expressly acknowledges and accepts:

• data collected by the Application is a true reflection of the transactions taking place under the scope of these Terms of Use,
• this data constitutes the main mode of proof admitted by the User and Swapcard.

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9. Member responsibility and obligations

Without prejudice to the other obligations contained in these Terms of Use, the Member undertakes to adhere to the following:

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9.1   When using the services, the Member 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.

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The Member alone is responsible for their usage of the Application and Services.

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9.2   The Member undertakes to provide Swapcard with all the information needed to properly deliver the Services. In a more general sense, the Member undertakes to cooperate actively with Swapcard with a view to the proper implementation of the Terms of Use.

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9.3   The Member 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 Member 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.

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9.4   The Member states that they have acquainted themselves with the Application and its features.

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9.5   The Member alone is responsible for their behavior at Event venues and undertakes to adhere to the general conditions stipulated by these venues.

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9.6   The Member 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 Member sends them via the App.

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9.7   The Member undertakes to make strictly personal usage of the Services. Consequently, the Member will refrain from assigning, ceding or transferring all or some of its rights and obligations under these Terms of Use to a third party, in any manner.

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9.8   The Member 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 Member accepts that the Content published on the Application is made public by default and may be viewed by other Members.

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9.9   The Member warrants to Swapcard that it has all the rights and authorizations required to disseminate this Content. The Member 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.

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The Member will therefore refrain from disseminating, notably but not limited to:

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10. Member guarantee

The Member holds Swapcard harmless against any complaints, claims, actions and/or demands of any kind that it may face due to the breach by the Member of any of its obligations or guarantees under the terms of these Terms of Use.

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The Member 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.

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11. Swapcard's responsibility and liability waiver

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 Member expressly acknowledges and accepts this.

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11.2   Swapcard's only role is to provide the Services described in these Terms of Use.

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11.3   Swapcard is not involved in the relations between Members 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 Member obligations.

However, with a view to continually improving the quality of the services, Swapcard invites Members to feed back about any difficulties that they may wish to bring to Swapcard's attention.

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11.4   Swapcard does not make any guarantee to the Member that the Services offered will meet all the Member's needs and expectations.

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11.5   Swapcard cannot be held liable for the decisions taken by the Member or by any third party appointed by the Member. Similarly, Swapcard cannot under any circumstances be held liable for the Content published by the Member on the Application, over which Swapcard has no oversight, or verifying or moderating role of any sort.

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11.6   Swapcard undertakes to make regular checks to verify that the Application and its website www.swapcard.com are working properly and are accessible. 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 Members 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 Swapcard "as is" and without any kind of express or implicit guarantees. Swapcard does not in particular warrant to Members (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 Member based on their own personal constraints, will specifically meet their needs and expectations.

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12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SWAPCARD 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 SWAPCARD'S ENTITIES HAD BEEN ADVISED OF THE POTENTIAL DAMAGES.

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TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SWAPCARD 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.

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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.

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13. Prohibited behavior

13.1   It is strictly prohibited to use the Services for the following ends:

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13.2   It is strictly prohibited for Members 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.

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13.3   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 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 Members of its Application, and finally and more generally (vii) any breaches of these Terms of Use.

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13.4   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.

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14. 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 Member, Swapcard reserves the right to take all appropriate measures and notably to:

• suspend, remove or prevent access to Services by a Member 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 Member 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 Swapcard by any written means.

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15. 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 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.

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The Member grants Swapcard 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.

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By posting Content on the Application, the Member thus grants Swapcard 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.

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16. Member personal information

Swapcard will process Member personal information in line with the provisions of our Privacy Policy.

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17. Links and third-party sites

Swapcard cannot under any circumstances be held liable for the technical availability of websites run by third parties (including any partners) which the Member may access via the Application.

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Swapcard does not assume any liability for the content, adverts, products and/or services available on such third-party websites, and Members are reminded that these sites are governed by their own terms and conditions of use.

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Swapcard is not responsible for relationships between the Attendees, Exhibitors, Organizers and any advertisers, professionals or salespersons (including its potential partners) to whom Members 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.

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18. Amendments

Swapcard reserves the right to amend these Terms of Use at any time.

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Members will be informed about these amendments via any relevant mean.

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Members who do not agree to the amended Terms of Use must unsubscribe from the Services following the procedure explained in Section 7.

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Any Member who makes use of the Services after the amended Terms of Use have taken effect is deemed to have accepted the amendments.

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19. Law and jurisdiction

Any dispute between the Parties arising out of or related to the Terms of Use will be subject to the exclusive venue of the courts of Paris, France and is governed by the laws of France.

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