Limitation of Liability clauses

(Extracts from the GTC)
The terms and expressions hereinafter referred to shall, when preceded by a capital letter, mean for the purposes of interpreting and executing the present contract:
Advertisement : means the advertisement of an Assignment proposed by a Professional through the Application or Services.
Application : means the program or software made available by SWIIT.
GTC : refers to the General Terms and Conditions of Sale that apply by operation of law between SWIIT and Users according to the category to which they belong (Consumer or Professional).
Customer/Consumer : means any person using the Application for strictly private purposes, in order to private purposes, in order to enter into contact or to be put in contact with one or several Professional(s) in order to entrust him with the performance of a Mission.
Content : refers to any words, messages or information of any kind (for example text, image, video, photograph, commentary, brand name, company name), put online by a by a User on the Application.

Confirmation date : means the date on which the Client confirms the Mission carried out by the Professional

Data : means the Client’s Content generated by the implementation of the Application or processed by it.

Personal Data: means any information relating to an identified or identifiable natural person or identifiable individual, as defined by the French Data Protection Act of January 6, 1978 (modified by the decree of November 4, 1991 and by the law of August 6, 2004 transposing the directive 95/46/CE), and of the RGPD.

Personal Space: refers to the Personal Space that each User can create on the Application.

Invoice: means the accounting document of the Professional relating to a Mission carried out for a Client via the Application.

Identifier: refers to the specific term by which each User identifies himself to connect to his connect to his Personal Space. The User ID will always be accompanied by a password specific to the User.

Mission: means the provision of services offered by a Professional to a Client. The services may have a duration of less than, equal to or greater than one month. The the duration of which is greater than one calendar month are subject to monthly billing at the end of
each at the end of each completed month under the conditions described in article 6.1 hereof.

Professional: means any individual or legal entity with a SIRET number, registered in the Trade and Companies Register, the Trade Register or practicing as a self-employed person under self-employed under legal conditions from France or abroad, and which offers  its services to services to Clients through the SWIIT Application.

Services: refers to all the services provided by SWIIT through the Application, in particular the between the Clients and the Professionals, the provision of payment tools as well as the tools as well as the accompaniment of the Client in the search for and selection of
Professionals for the accomplishment of Missions.

STRIPE / PAYPAL: independent online payment provider

Users: means any person entitled to connect


SWIIT shall not be liable in any manner whatsoever to the User or any third party for any third party due to modifications, suspensions or terminations of the T&Cs.

SWIIT is in no way responsible for the non-fulfillment of an Assignment in case of unavailability of of the Application or part of the Application, including when such unavailability results from of SWIIT’s intervention on the Application.

In the event that the User would communicate false information, SWIIT may immediately, without notice or compensation, suspend and/or terminate its Personal Space and without recourse against SWIIT.

In case of breach by the User of any of the provisions of the GTC, SWIIT reserves the right to terminate without notice the right to terminate without notice the contract to the detriment of the User, without recourse against SWIIT.

SWIIT is not liable for any User. User agrees not to seek to hold SWIIT or any other party liable for any liability or recourse to SWIIT for any acts or omissions or misrepresentation by another User.

SWIIT is not responsible for any ratings, reviews or comments posted by Users.

SWIIT shall in no event be liable for any fraudulent use of User’s User ID and password or Personal Data by a third party or another User.

SWIIT cannot be held responsible for connection difficulties in the event of a break in Internet access or Internet access or connection failure, in particular due to :

– a case of force majeure,
– power cuts,
– interruptions related to providers, hosts and access providers, online payment.

SWIIT does not guarantee the uninterrupted and error-free operation of the Application.

The billing system described in the GTC is managed by an independent partner. The Professional declares to be personally responsible for any dispute that may arise from the billing system billing system, failure to pay or receipt of funds and the online payment system, without payment system, without recourse against SWIIT.

Similarly, the Consumer is informed that in the event of a dispute arising from the online billing and payment system, he will exercise his recourse against the Professional and/or the online online payment company, without recourse against SWIIT.

The provision of the online payment system is totally independent of SWIIT, which shall not be held be held liable in any way whatsoever as a result of this.

SWIIT is not party to any contract between the Professional and the Consumer and shall not assume any responsibility whatsoever for the Mission carried out by the Professional performed by the Professional.

SWIIT’s liability shall not be engaged in case of cancellation of the Mission, the Client can only demand the reimbursement of the Mission not carried out from the Professional.

Under no circumstances shall SWIIT be held responsible for any defect or failure of the third party of the third party Host and online payment companies.

The User may only apply the GTC and terms of use of the service providers in question, without in question, without recourse against SWIIT.

SWIIT’s responsibility can only be engaged in case of gross negligence, intentional or wilful misconduct. In any case, SWIIT’s liability will be limited to the cost of the service.

SWIIT’s responsibility cannot be sought by the User for the destruction of its Data or files which it is up to him to save.
The User will not be able to seek SWIIT’s responsibility of SWIIT on the basis of the RGPD concerning the collection, processing, destruction destruction or for any other cause of the Data collected by an independent partner and in particular for the online payment.

SWIIT has no duty to advise the Users in any respect whatsoever and cannot be held liable in this

Unless otherwise provided for in the T&Cs, de SWIIT shall not be held liable for any indirect indirect damage.
By express agreement between the Parties, the following are considered indirect damages moral or commercial prejudice, loss of profits, turnover, Missions, revenues, loss of Data and any action directed against the User by a third party and the consequences resulting therefrom.

The User is solely responsible for all the Content that he chooses to put online on the Application.
SWIIT does not control the Content before it is put online and cannot be held responsible for any be held liable in any way whatsoever.

SWIIT shall not be held responsible for any malfunction of the Application or the Service Service, such as in particular a lack of availability. SWIIT is bound by an obligation of means for the provision of the Service and, more generally, for the execution of the General Conditions.

SWIIT makes no express or implied warranty with respect to the Application.

The Professional is responsible for his or her choice to use the Service. 
SWIIT does not guarantee in any case the solvency of the Consumers.

SWIIT, as an independent intermediary, does not control the identities of the Users.

SWIIT also does not control the information that is provided by the User in his Ads or his in its Advertisements or its evaluations. Only the User is considered as the author of the of the Content of the Advertisements and the reviews and this Content remains under its sole and entire responsibility. In the event that the User provides false, inaccurate, inappropriate or inaccurate, inappropriate or illicit, SWIIT shall not be held liable in any way.

SWIIT shall not be held responsible for having removed or made impossible access to a Content published by a User and presenting in an obvious way an illicit character, illicit nature.
In no event shall SWIIT be liable for any direct or indirect damages that may be caused by the Application or all or part of the Service, nor by the non-availability of the of the Application or all or part of the Service.

At no time does SWIIT intervene in the context of the Application and the Service in the capacity of Professional. Accordingly, SWIIT shall not be liable for any damages suffered or caused by a User suffered or caused by a User by means of a Service via the  Application.

In its capacity as an independent trader, the Professional undertakes to bear all the legal and financial financial consequences of the possible breach of the Contract, without recourse against SWIIT as a result.

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