ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter « GTC ») and the General Terms and Conditions of Use (hereinafter « GTCU ») apply by right between :

Corporate name: SWIIT
Form: SAS, simplified joint stock company 
Share capital: 20,760 euros
Address: 204 RUE DE NICE, Les Chèvrefeuilles – 83000 TOULON
SIRET n° 907 941 892 at the TOULON Trade and Companies Register Intra-community
VAT : FR19907941892

Hereinafter referred to as « SWIIT
And
The End Consumers of the SWIIT Application (« Consumers »)

The GTC are made available on the SWIIT Application where they can be consulted directly. They can also be communicated on request by any means.

Any access to and/or use of the Application by any Consumer implies unreserved acceptance of and commitment to abide by all these General Conditions. To this end, the Consumer declares that he/she has read these General Conditions

The GTC are enforceable against the Consumer who acknowledges, by ticking a box provided for this purpose, that he has been made aware of them and has accepted them without reservation.

The General Conditions constitute the entire agreement of the Parties, so that they cancel and replace any previous document, letter, offer or other written or oral agreement having the same object.

SWIIT reserves the right, at its sole discretion, at any time and without prior notice to modify these Terms and Conditions including the financial terms of the Service.

If these Terms and Conditions are modified, the modification will be published on the Application and a notification of the modification will be published to the Users at least 48 hours before it comes into force.

The Terms and Conditions available online on the Application prevail over any previous printed version.

The Consumer acknowledges that SWIIT shall not be liable in any way whatsoever to him or any third party as a result of such modifications, suspensions or terminations.

The GTC applicable to the Consumer are those available at the date of the Service or use of the Application or of the Application of which he/she has received a copy, it is therefore specified that any modification of the GTC that would be made by SWIIT will not apply to an earlier use.

The present General Conditions constitute the sole basis of the commercial relationship between the parties and are intended to set out the terms and conditions for the use of the Application by users of the matchmaking services (hereinafter the « Services »), as well as to define the rights and obligations of the Users who have been put in contact with each other in this context.

SWIIT offers an online marketplace bringing together independent Professionals acting in the sports sector such as coaches, clubs, associations, sellers of sports equipment or clothing, …) (« The Professionals »), and individuals practicing one or more sports or wishing to join a sports activity (« the Consumer ») registered on the Application.  The Consumers and the Professionals are collectively referred to as the « Users » and individually as a « User ».

These General Conditions apply, without restriction or reservation, to all Services rendered by SWIIT to Consumers of the same category.

The General Conditions do not govern the relations between the Consumers and the Professionals, which are independent of the Services rendered by SWIIT, but only those between SWIIT and the Consumers. The GTC governing the relations between the Professionals and the Consumer are available from each Profession.

As a platform operator, SWIIT is a transparent intermediary between the Consumer and the Professionals and does not provide any sports services via the Application, the Services or any other means.

SWIIT reserves the right, in its sole discretion, at any time and without prior notice, to modify the the Application.

ARTICLE 2 – DEFINITIONS

The terms and expressions hereinafter referred to shall mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:

Announcement: refers to the announcement of an Assignment offered by a    Professional via the the Application or the Services

Application: means the program or software made available by SWIIT

Consumer: means any person using the Application for strictly private purposes, with a view to entering contact or being put in contact with one or more Professionals in order to entrust them with the performance of an assignment.

Content: means any statement, message or information of any kind (e.g. text, image, video, photograph, comment, brand text, image, video, photograph, comment, brand, company name), put online by a by a User on the Application.

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

Data: . means Consumer 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 identified or identifiable individual, as defined in the French Data Protection Act of January 6, 1978 (amended by the decree of November 4, 1991 and by the law of August 6, 2004 transposing Directive 95/46/EC) and of the RGPD.

Personal Area:   means the personal space that each User can create on the Application.

Invoice: means the Professional’s accounting document relating to an Assignment carried out for a Consumer via the Application.

Login: means the specific term by which each User will identify himself to connect to his to connect to his or her Personal Space. The Identifier will always be accompanied by a password specific to the User.

Mission: means the provision of services offered by a Professional to a Consumer. The provision of services may have a duration of less than, equal to or greater than one month. Missions lasting more than one calendar month are invoiced monthly at the end of each month that has elapsed, in accordance with the conditions described in article 6.1 of these Conditions.

Professional: means any natural or legal person having a SIRET number, registered in the Trade and Companies Register, in the Trade Register or exercising as a self-employed person under legal conditions from France or abroad, and who offers its services to Consumers through the SWIIT Application.

Services: means all the services provided by SWIIT through the Application, in particular the connection between Consumers and Professionals, the provision of payment tools as well as the accompaniment of the Consumer in the search and selection of Professionals for the accomplishment of Missions.

STRIPE / PAYPAL: independent online payment provider.

Users: means any person entitled to connect to the Services of the SWIIT Application whether he is a Consumer or a Professional.

ARTICLE 3 – GENERAL PROVISIONS

These GTC constitute a contract governing the relationship between the Consumer and SWIIT.

They constitute the entirety of the rights and obligations of the Consumer and SWIIT relating to their subject matter.

The Consumer means any holder of a Personal Space on the SWIIT Application

 ARTICLE 4 – SERVICES DESCRIPTION

SWIIT offers an application that connects Sports Professionals and Consumers in order to create a community and synergies around sports, all disciplines and levels combined.

ARTICLE 5 – ACCESS TO  SERVICES

The User’s access to the SWIIT Application is done through the creation of a personal space

The Application and the Service are accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control or the will of SWIIT, and subject to possible breakdowns and maintenance and updating interventions necessary for the proper functioning of the Application and for the provision of the Service

The User is fully aware that the Application and the Service may be suspended at any time, without prior notice and without any compensation being due to the User, in order to carry out this maintenance and updating operations.

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

In the event that a malfunction or an anomaly hinders the proper functioning of the Application or the provision of the Service, SWIIT undertakes to carry out the necessary operations to restore the Application and/or the Service as soon as possible.

Assistance with the use of the Application and the Services is available by e-mail at:  contact@swiit.fit

Any problem related to the User’s Internet access or computer equipment is not covered by this assistance.

The Consumer undertakes to inform SWIIT within 24 hours of any technical malfunction observed.

ARTICLE 5-1 – CREATION OF A PERSONAL AREA

To be able to access the functionalities of the Application, and to create or reply to an Ad, the Consumer must register to create an account on the Application and be at least 15 years old.

The Consumer creates a Personal Space and determines a connection Identifier and an associated password (hereinafter the « Identification Codes »). The Identification Codes are personal, confidential, non-transferable and non-transferable.

The Consumer undertakes, when creating his Personal Space and during its use, to :

          – To provide information and Content that is real, accurate and up to date at the time it is entered,
          – Transmit only Content for which it has the rights of ownership or use,
          – Maintain the Data up to date in order to guarantee their real, exact and up to date character.
          – Provide any proof of identity that may be requested by SWIIT and this at the first request.

The Consumer will then have access to the following information provided by the Professionals:

–     Identity and designation of the Professional
–     Missions proposed by the Professional,
–     The rate
–     The schedule
–     His location
–     The link to his website and social networking pages
–     The link to the T&Cs

Access to the Personal Space is valid only for the period defined by the User. After this period, the subscription will continue by tacit renewal for an equivalent period.

ARTICLE 5-2 – CONDITIONS ACCESS TO SERVICES

5.2.1 In order to register on the Application and access the Service, Users must meet the following cumulative conditions:

• Be registered on the Application under their true identity
• Be over 15 years of the age (if the User is an individual)
• Provide true, accurate, complete and up-to-date information in your Personal Space;
• Have accepted the present General Conditions

5.2.2 SWIIT reserves the right to accept or refuse, without reason and at its sole discretion, any registration on the Application and to suspend and/or delete the Personal Space of a User who does not comply with these General Conditions.

SWIIT reserves the right not to validate the User’s registration for any legitimate reason, in particular in the event that:

• He would not respect the GTC in force at the time of his registration.
• One of the Consumer’s previous Missions is the subject of a dispute in progress (non-payment, behavior, negative evaluation of the Consumers…).
• The User has not accepted these GTC.

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

The User declares to have the full legal capacity allowing him/her to commit himself/herself under the GTC.

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

ARTICLE 6 – SERVICES OPERATION

6.1   Professionals and Consumers may create Advertisements. The Advertisements will be

  made public via the Application. Professionals shall enter the characteristics of the Mission on the Application, and Consumers shall enter their request or search.  Each User can respond to the Advertisements via the Application, on their personal Spaces, according to the information mentioned in the Advertisement.

The Consumer can also contact the Professional directly on the Application without having to publish an Ad in order to request a specific Mission which the Professional can accept or not in a discretionary manner.

The User may indicate and comment on any event in which he intends to participate, has participated or in which he is interested.

SWIIT reserves the right, at any time and without prior notice, to remove or disable access to any Advertisement for any reason, including Advertisements that SWIIT in its sole discretion considers objectionable for any reason, as contrary to these Terms and Conditions, or as detrimental to the Application or the Services.

The User acknowledges and agrees that it is responsible for its own acts and omissions. The User acknowledges that it is responsible for the Advertisements it publishes.

6.2   SWIIT does not vouch for any User. These Terms and Conditions stipulate that Users must provide accurate information, and that SWIIT will not undertake additional checks and procedures to verify or check the identity or background of Users.

SWIIT undertakes to randomly and non-systematically request from the Professionals a copy of their diploma, professional license or professional civil insurance. Nevertheless, each User undertakes to verify by his own means the Professional information.

The User of the Application or the Services accepts that any legal recourse or liability sought as a result of acts or omissions by other Users, or third parties is limited to a claim against the Users or other third parties who caused the damage suffered.

The User agrees not to seek liability or recourse from SWIIT for such acts or omissions or for misrepresentations.

6.3    The User accesses the Advertisements published directly on the Application, via the access and search tools made available to him. The Consumer may contact the Professional to request additional information by personal message via the Application.

If the Consumer contacts the Professional directly without going through an Advertisement in order to propose an Assignment, the Professional may also contact the Consumer to request additional information by personal message via the Application and accept or refuse the Assignment via the Application.

After discussing the scope and terms of the Assignment, the Professional shall send the Consumer a detailed schedule of the proposed Assignment with prices.

6.4   At the end of an Assignment, the Users have the possibility to evaluate each other on the

the Application. Users may also rate each other if an Assignment is cancelled.

The Users undertake to publish evaluations and opinions in accordance with their experience and in respectful terms. The Consumer may report to SWIIT any complaint against a Professional and by presenting, if necessary, any proof that would be requested by SWIIT.

SWIIT is in no way responsible for the ratings, opinions and comments published by Users. SWIIT nevertheless reserves the right to delete any review left by a User if it is deemed not to comply with these General Conditions.

ARTICLE 7 – SERVICES OFFERED BY SWIIT

The Services include in particular:

       –  the tools necessary to put Consumers and Professionals in contact with each other.

       – the provision of means of payment in order to simplify the carrying out of a Mission.

Access and registration to the Application are free of charge. The Consumer may also subscribe to paying features.

ARTICLE 8 – ONLINE PAYMENT

The payment by the Consumer of the price of the subscription or of the options to SWIIT or of an Assignment to a Professional is made by direct debit, by credit card or by bank transfer through an electronic money account (hereinafter the « Escrow Account »).

For the purposes of implementing the payment system on the Application, SWIIT has subscribed to the services of companies offering an online payment service system worldwide (hereinafter « Online Payment Company »):

• • PayPal (Europe) S.à  r.l. et Cie,  S.C.A.
    22-24 Boulevard Royal
    L-2449 Luxembourg
    R.C.S. Luxembourg B 118 349
    Numéro de TVA:  LU22046007
  • Stripe, Inc.
    354 Oyster Point Boulevard
    South San  Francisco, California, 94080, USA Attention: Stripe Legal
    
    Stripe Payments Europe Limited
    1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland

The general terms and conditions of use of the online payment companies appearing in the annexes or on the website:

Stripe :  https://stripe.com/fr/privacy

PayPal : https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full

The provision of the online payment system is completely independent of SWIIT and SWIIT cannot be held liable in any way whatsoever as a result.

ARTICLE 9 – USER RESPONSIBILITY

The User is responsible for the management and storage of his/her User ID and password. Consequently, it is up to the Professional to implement all the necessary precautionary measures for their protection and conservation by the Consumer. The User is responsible for the consequences of their use.

SWIIT shall in no case be held responsible for any fraudulent use of the User ID and password or of the Personal Data of a User by a third party or another User.

The User also undertakes not to make available or distribute any illegal or objectionable information (such as defamatory information or information constituting impersonation) or harmful information (such as viruses). Otherwise, SWIIT will be able to suspend or terminate the User’s access to the Application at the User’s sole expense.

The User undertakes to keep his Identification Codes secret and not to disclose them in any form whatsoever. If the User’s Identification Codes are lost or disclosed, the User must inform SWIIT without delay, which will then proceed to the immediate cancellation and/or update of these Identification Codes.

The User is fully responsible for the use made of his Identification Codes, including in case of loss, access by a third party or disclosure, until he has effectively notified SWIIT of the loss, access by a third party or disclosure of his Confidential Codes.

The Consumer is solely responsible for the Content and the statements made, as well as for the use and interpretations made thereof. Prior to subscribing to a Mission, the Consumer shall have had his or her fitness to practice the desired sporting activity checked by a doctor.

ARTICLE 10 – INTERRUPTION TEMPORAIRE DE L’APPLICATION

ARTICLE 10.1 – TECNICAL MALFUNCTION

SWIIT undertakes to remedy any technical malfunction as soon as possible.

Nevertheless, SWIIT cannot be held responsible for connection difficulties in the event of a breakdown in internet access or a breakdown in the connection, in particular due to

– a case of force majeure,

– power cuts,

– interruptions linked to service providers, hosts and access suppliers, online payment.

ARTICLE 10.2 – ANOMALIES

Anomalies » means any incident, blockage, performance degradation, breakdown, non-compliance with the functionalities defined in the documentation made available to the User preventing the normal use of all or part of the Application.

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

Any complaint regarding a discrepancy with the above-mentioned documentation must be made in writing within 24 hours of the occurrence or creation of the Personal Space.

Any complaint will be processed by SWIIT within 15 working days. ARTICLE 11 – PRI

The price is indicated when the subscription is chosen and specifies the services to which the subscription gives the right.

The price is payable in euros (€) only.

The price does not include the cost of access to the Internet type service.

The price is only for the use of the functionalities of the SWIIT Application, excluding

Missions or purchases made from Professionals.

ARTICLE 12 – BILLING BY THE PROFESSIONAL

12.1 Each Assignment is subject to an Invoice under the following conditions:

Missions lasting more than one calendar month shall be invoiced monthly at the end of each month that has passed.

The Consumer has a period of 5 calendar days to confirm the Assignment carried out and the number of days worked during the past calendar month by the Professional or to indicate the reasons preventing him from validating the Professional’s Assignment via his Personal Space (« the Confirmation Deadline »).

It is only after the Consumer has confirmed the Assignment (« Confirmation Date » of the Assignment) that an invoice for the end of the Assignment or a monthly invoice is drawn up and issued by the Professional and sent to the Consumer via his Personal Space.

It is expressly agreed that the Professional and the Consumer shall be personally responsible for the settlement of any dispute relating to the Mission.

The Consumer, debtor, expressly acknowledges that the Professional’s debt becomes certain as of the Confirmation Date, and that the Professional has performed all his obligations under the Mission.  The Consumer acknowledges that he may not invoke, after the Confirmation Date, an exception of non-performance in order not to settle his debt or refuse to pay the total nominal value of the debt or to attempt to obtain reimbursement.

The Mission is payable according to the billing system.    The billing system detailed below is managed by an independent partner. The Consumer is informed that in the event of a dispute arising from the billing system and the online payment, he will exercise his recourse against the Professional and/or the online payment company, without recourse against SWIIT.

12.2 SWIIT is not party to any contract between the Professional and the Consumer and cannot assume any liability whatsoever in relation to the Mission carried out by the Professional.

ARTICLE 13 – ANNULMENT OF THE MISSION RETRACTION

13.1 The Professional is solely responsible in the event of cancellation of the Assignment due to him.

SWIIT cannot be held liable in this respect, as the Consumer can only demand reimbursement for the Mission not carried out from the Professional.

13.2 It is reminded that, in accordance with the provisions of articles L221-18 et seq. of the Consumer Code in the context of distance selling:

– the Consumer has the right to withdraw, without giving any reason, within fourteen days;

– the fourteen-day withdrawal period begins to run from the day after the Confirmation Date;

– the withdrawal period shall start at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period.

– if the withdrawal period normally expires on a Saturday, Sunday or public holiday it shall be extended to the next working day;

– to exercise the right of withdrawal for an Assignment, the Consumer must notify the Professional of his decision to withdraw by means of an unambiguous statement under the conditions set out in the Professional’s GTC.

– to exercise his right of withdrawal towards SWIIT, the Consumer must notify SWIIT explicitly at explicitly to the address: contact@swiit.fit

The reimbursement will take place within 14 days from the declaration of withdrawal.

In accordance with the provisions of article L221.25 of the Consumer Code, the Consumer has the possibility to request that the service begins before the end of the above-mentioned withdrawal period in the context of a distance selling. This request must be express.

If the Customer exercises his right of withdrawal when the performance of the service, at his express request, has begun before the end of the withdrawal period, the Customer is obliged to pay an amount proportional to the service provided until the withdrawal request is received.

ARTICLE 14 – COMMITMENT – NON COMPETE

14.1 The User undertakes to use the Application and the Services in accordance with the applicable laws and these General Terms and Conditions.

In this respect, the User acknowledges that SWIIT may take cognizance of any Content published or exchanged on the Application.

Likewise, he acknowledges that SWIIT may intervene to moderate the published Content if it does not comply with the laws and regulations in force as well as with the obligations of the Users under the terms of these General Conditions.

The Users undertake to make a fair use of the Application and the Services, in particular not to circumvent the Application and its Services.

14.2 Non-competition: all Users shall refrain from extracting any Content from the Application for an activity similar or competing to the one described in these General Terms and Conditions, or for recruitment purposes, without prior, express, and written authorization from SWIIT.

The non-competition provisions will apply for the entire duration of these General Terms and Conditions and one (1) year after its termination for any reason in the territory of Metropolitan France.

14.3 The Professional undertakes to propose a serious and sufficiently detailed Mission offer through the Application that is as faithful as possible to the actual Content of the Mission.

ARTICLE 15 – INTELLECTUAL PROPERTY

SWIIT is the owner of all intellectual property rights relating to the textual, graphic, sound, video, software, or any other elements composing the Application, in particular the SWIIT brand, with the exception of the information provided by the Users. The Application constitutes a work on which only SWIIT holds the intellectual property rights.

The User undertakes not to infringe on SWIIT’s intellectual property rights. No functionality of the Application, and in particular the functions of printing, downloading or

or sending by email, may not be used by the User with the purpose or effect of infringing

the effect of infringing the intellectual property rights attached to the Application and the elements of which it is composed.

The User expressly undertakes:

– to use the Application strictly for the sole purpose of benefiting from the Services.
– not to infringe the intellectual property rights held by SWIIT on the Application, the elements that make it up and its trademarks, nor those that may be held by third parties on the elements that they put online on the Application by means of the Service.
– not to reconstitute, attempt to reconstitute or help a third party to reconstitute, from the Application or any of its elements, a site or a service aimed at offering directly or indirectly, free of charge or for a fee, a service identical or comparable, in whole or in part, to the Service.
– to preserve the confidentiality of his Identification Codes and to take all measures to ensure that no third party, in any capacity whatsoever, has access to his Identification Codes and cannot access all or part of the Service unlawfully.

The compliance by the User with the obligations specified above constitutes a substantial condition without which SWIIT would not have concluded these General Conditions.

The Professional, by creating an Ad on the Application, expressly authorizes SWIIT to affix the name and logo of the Professional on the Application and on its documentation, including advertising, for the entire duration of these General Conditions.

ARTICLE 16 – INTERVENTION OF INDEPENDANTS CONTRACTOR

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

The User will only be able to apply the terms and conditions of use of the service providers in question, without recourse against SWIIT.

ARTICLE 17 – OBLIGATIONS OF THE PARTIES IN RELATION TO THE PROCESSING OF PERSONAL DATA

17.1  SWIIT, as data controller, collects the Users’ personal Data such as name, address, telephone number, email address, bank details, information related to the use of the Application and the provision of the Assignment in order to allow determining whether the Users have the necessary qualifications for the exercise of the activity and the preservation of the contractual relations associated with the Assignment.

The User is informed that these Data are subject to automated processing by SWIIT in order to allow them to access and navigate the Application and to use the Service.

Any Data transmitted via the Application may be added to and stored by SWIIT in a database managed and administered by SWIIT. Therefore, when a User provides Private Data and agrees to send them, or when a User sends emails containing Private Data, he expressly authorizes SWIIT to store and use his Data.

SWIIT undertakes to use all means to ensure the security and confidentiality of such Data.

Any User has a right of access, rectification and deletion of his/her personal Data collected by SWIIT by sending his/her request

– either by post to the attention of: SAS SWIIT – Service Traitement des données personnelles – 204 RUE DE NICE, Les Chèvrefeuilles – 83000 TOULON
– or by e-mail to the address contact@swiit.fit, accompanied by a copy of a valid identity document.

In accordance with the General Data Protection Regulation dated 25 May 2018, any User has the right to the portability of his/her Data, the right to obtain from SWIIT the deletion and limitation of personal Data, as well as the right to lodge a complaint with the French supervisory authority (the Commission Nationale de l’Informatique et des Libertés), under the conditions provided for by the Regulation.

17.2   As regards the Data related to the online payment, the Data are collected by SWIIT’s partner, STRIPE or PAYPAL, whose general terms of use are available on the Application.

These Data may be communicated to them within the framework of transparency rules (KYC) for the purposes of combating tax fraud, money laundering and the financing of terrorism.

For any additional information, the User may consult the document « Privacy Policy ».

ARTICLE 18 – RESPONSABILIY – INSURANCES

SWIIT undertakes to meet its commercial, fiscal, legal and social obligations and all obligations with regard to its quality.

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

In case of breach or default of contractual performance by the Consumer as provided for herein, the Contract may be terminated in advance under the conditions provided for below.

The Parties declare that they have all the necessary skills to perform this Contract.

SWIIT shall not be held liable by the User for the destruction of his Data or files which he is responsible for saving. The User will not be able to seek SWIIT’s liability on the basis of the RGPD concerning the collection, processing, destruction or any other cause of the Data collected by an independent partner and in particular for the online payment.

SWIIT undertakes to subscribe to an insurance covering its professional civil liability with a solvent company and to pay the corresponding premiums. It undertakes to justify this to the Consumer at the latter’s first request.

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

Unless otherwise provided for in this Contract, SWIIT may not be held liable for any indirect damage.

By express agreement between the Parties, any moral or physical prejudice, loss of Data and any action directed against the User by a third party and the resulting consequences are considered as indirect damages.

The User is solely responsible for any direct damage that he/she may cause as a result of inaccurate, incomplete and/or misleading information that he/she provides at the time of registration or in the absence of updating of this information, the consequences of which he/she alone shall bear.

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

The User expressly refrains from publishing any Content that is abusive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and good manners, infringing, prejudicial to public order or to the rights of third parties, likely to infringe upon the rights, reputation, and image of SWIIT and, more generally, the content of which would infringe upon the law and/or the regulations.

The Consumer is solely responsible for the description of the Advertisement.

The Application and the Service are provided as is. SWIIT shall not be held responsible for any malfunction of the Application or the 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.

The User declares that he/she accepts the characteristics and limits of an online service and acknowledges:

– that he/she is aware of the hazards of the provision of online services, in particular with regard to response times.

– that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer and/or his computer network allow him to access the Application and use the Service.

– that he acknowledges that he is solely responsible for his access to the Internet.

– that it is up to him to take all appropriate measures to protect his own Data and/or software from contamination by any viruses circulating on the Internet or contracted by any other electronic means.

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

SWIIT, as an independent intermediary, does not control the identities of the Users. SWIIT does not control either the information that is filled in by the User in his Ads or his evaluations. Only the User is considered as the author of the Content of the Announcements and the evaluations, and this Content remains under his sole and entire responsibility.   In the event that the User provides false, inaccurate, inappropriate or illicit information, SWIIT will not be held liable in any way.

SWIIT shall not be held liable for having removed or having made impossible the access to a Content published by a User and presenting in an obvious way an illicit character. 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 unavailability of the Application or all or part of the Service.

The role of SWIIT is exclusively limited to putting in contact Professionals and Consumers.

SWIIT does not intervene at any time within the framework of the Application and the Service in the capacity of Professional. Consequently, SWIIT cannot be held responsible for any damage suffered or caused by a User through a Service via the Application.

ARTICLE 19 – END OF CONTRACT

If one of the parties fails to fulfil its obligations, the other party may terminate the relationship by sending it a registered letter with acknowledgement of receipt containing notification of the termination and reminding it of the non-observed clause.
This applies to confidentiality obligations.

If one of the parties fails to perform its obligations, this Contract shall be terminated by operation of law 8 (eight) days after formal notice has remained unsuccessful, without prejudice to any damages that may be claimed from the defaulting party.

Any breach of the obligations resulting from the articles relating to the contractual obligations of the parties contained in this Contract will result in termination by operation of law without prior formal notice and without prejudice to any damages that may be claimed from the Professional.

In case of early termination to the detriment of the Consumer, SWIIT may interrupt the access to the Application without recourse against SWIIT.

Similarly, in case of exclusion of a Professional, the Consumer may not engage the responsibility of SWIIT or ask for any reimbursement.  Only the GTC of the Professional concerned will govern the relationship between the Professional and his Customer.

ARTICLE 20 – DURATION AND TERMINATION

The present contract is concluded for a period determined at the time of the choice of the Contract by the User.

The Parties may terminate these General Conditions at any time by giving 30 days’ notice to the other Party by e-mail or by registered letter with acknowledgement of receipt. In the latter case, the period shall begin to run from the date of receipt of the said letter.

In case of non-compliance with these General Terms and Conditions by the User, in particular by not providing the information required for the proper use of the Application or in case of breach of the laws and regulations in force, and eight (8) days after having been informed by any means by SWIIT, the latter will be entitled to suspend or close the User’s account, automatically and by operation of law, and to deny him/her access to all or part of the Services, without prejudice to any possible damages that SWIIT would be entitled to claim.

ARTICLE 21 – CONSEQUENCES OF TERMINATION CONTRACT

In the event of termination of this Contract, the parties have expressly provided, for whatever reason, that:

➢   SWIIT will delete all the elements and the User’s Personal Space after a period of 30 days. During this period, the User will no longer be able to interact on his Personal Space, nor on the Application but will be able to recover his Data and Content.

➢   The User shall pay the balance of the price still due to his co-contractor, if necessary, with penalties and interest for late payment, without the need for prior notice.

As an independent trader, each party undertakes to bear all the legal and financial consequences of any breach of the Agreement, without recourse against its co-contractor as a result.

ARTICLE 22.   INTERPRETATION LITIGATIONS

These GTC are governed, interpreted, and applied in accordance with French law.

In the event of a dispute arising between the parties in the performance or interpretation of this Contract, the parties undertake to try to resolve it beforehand in an amicable manner.

If at the end of a period of 30 days the parties are unable to reach an agreement, the dispute shall be submitted to the competent courts.

All disputes to which this Contract may give rise, concerning its validity, interpretation, performance, resolution, consequences, and consequences shall be submitted to the competent French courts.

ARTICLE 23 – CONTRACT LANGUAGE – APPLICABLE LAW

By express agreement between the Parties, this Contract is governed by and subject to French law.

It is written in French. If it is translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 24 – PARTIAL NULLITY

If one or more stipulations of these GTC are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

In addition, the fact that one of the parties to these GTCs does not take advantage of a breach by the other party of any of the provisions of these GTCs shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.

ARTICLE 25 – VARIOUS REVISIONS

The General Conditions, including the rights and obligations stipulated therein, may under no circumstances be transferred by the User to a third party.

The failure of a Party to rely on a commitment or obligation of the other Party shall not be construed as a waiver of that commitment or obligation for the future. one of the commitment or obligation in question.

For the execution of the General Conditions, the Parties agree to elect domicile under the following conditions:

• • For SWIIT, at the address of its registered office, as indicated in the legal notice
  • For the user, at the address given at the time of registration