AIRSWOP is a SAS with a capital of €5560, registered in the VERSAILLES Trade and Companies Register under the number 825 192 339, whose head office is located at 49 AVENUE DU GÉNÉRAL DE GAULLE, 78290 CROISSY-SUR-SEINE. The company’s contact details are as follows: Tel 0618610379 – Email : email@example.com – Web: www.airswop.com
The publisher of the application is the company AirSwop and the host is FireBase on the Firestore cloud located in the region Europe-west 3 (Frankfurt).
ARTICLE 1 – PURPOSE AND SCOPE
These General Terms and Conditions of Sale and Use (hereinafter referred to as the “General Terms and Conditions”) determine the characteristics, access rules and terms and conditions of use of the AIRSWOP mobile application accessible on ANDROID and IOS smartphone and tablet (hereinafter referred to as the “Application”). Their purpose is also to define the rights and obligations of all Users and Clients of the Application.
They apply to all of the Services provided by the Company and exclude the application of any other contractual document such as the General Terms and Conditions of Purchase. However, the Special Conditions take precedence over the provisions of these General Conditions. Access to the Application is subject to the acceptance, without restriction or reservation, of all of these General Terms and Conditions. The Publisher reserves the right to modify the present Terms and Conditions at any time and without prior notice in order to take into account any legal, regulatory, jurisprudential and/or technical evolution. These modifications shall be binding on Customers and Users as of their publication on the Application. The use of the Service after the entry into force of the new General Terms and Conditions will be considered as tacit acceptance. The Publisher also reserves the right to exercise any recourse in the event of violation of the present Terms and Conditions.
The Application is available free of charge on the Apple Store and Google Play and is accessible to any User with Internet access.
These GTC can be consulted on the Application as well as on the AIRSWOP website accessible at www.airswop.com.
ARTICLE 2 – DEFINITIONS
Terms appearing below and beginning with a capital letter in all contract documents, whether used in the singular or plural, shall have the meanings set out below.
“Subscription” means a paid package giving access to the Services, including the paid Services, for a specified period, specified in the Specific Conditions.
“Application” or “Mobile Application” means the application software program developed and marketed by AIRSWOP, and distributed on the Apple Store and Google Play.
“Administrator” means any person who has an account allowing him/her to access additional functionalities, to validate the presence of an employee within his/her company and to add, delete and modify personalised Cards.
“Beneficiary” means any individual or legal entity who has downloaded the application and has a Card as a result of subscribing to the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISES service ordered by the User.
“Digital Business Card” or “Card” means the Business Cards created by the Clients or Client Users, which may be exchanged, distributed and collected by the Users and Beneficiaries.
“Order” means any request, instruction or registration to benefit from a service under the conditions mentioned in article 4.
“User Account” refers to the User’s personal interface, allowing the User to benefit from AIRSWOP Services and to modify the personal information on their Business Card.
“Special Conditions” means the contractual document supplementing or specifying these General Conditions, in the form of an Order form, an accepted quote, or a document entitled “Special Conditions”. These conditions take precedence over the present General Conditions.
“Publisher” refers to AIRSWOP.
“ESAT” means an Establishment for Work Assistance Services.
“Service” means all the functionalities offered by AIRSWOP on the mobile application.
“AIRSWOP DIGITAL or COMPANY TRANSITION Service” means access to paid functionalities.
“Third Party” means any person who is a third party to the application.
“User” means any natural person of legal age or legal entity who has expressed the wish to benefit from the Services offered by AIRSWOP, by creating an account for his/her own use, or by taking out a subscription and ordering one or more accounts to make it available to Beneficiaries.
ARTICLE 3 – DESCRIPTION OF THE APPLICATION AND ACCESS TO SERVICES AND SUBSCRIPTIONS
3.1 The AIRSWOP Mobile Application allows the creation, exchange, distribution, collection and storage of Digital Business Cards within a dedicated tool. The presentation of the Application can be found on the website www.airswop.com and on the subscription page of the Application on the mobile, located below the download button of the Application.
3.2 Access to the Services is reserved for Users who are regularly registered. When first connecting to the Application, the User must provide the following information:
– A valid email,
– A password,
Once this information has been completed and provided that the User is over 18 years of age, the User validates his registration to the Application by clicking on the “REGISTRATION” tab. He will then receive an email containing a link that he must click on to definitively validate his registration, under his sole responsibility, and thus benefit from permanent access to the Application and to his account, with the exception of maintenance periods.
3.3 Once the User has registered, he may create his Card by providing the following information:
- company name
- first name,
- cell phone,
- landline phone,
If the User has subscribed to the AIRSWOP GUEST service, he will choose a card format proposed by AIRSWOP among different templates without the possibility of a personalized graphic charter. If the User has subscribed to the AIRSWOP DIGITAL TRANSITION or AIRSWOP COMPANY service, AIRSWOP will directly offer the User a personalised company card with the company’s graphic design and logo.
The User may then, if he wishes, add other information to his profile: address, city, postcode, country, link to a media…
3.4 The User is fully aware that the Publisher cannot be held responsible for the User’s connectivity to the Application and for line interruptions on the network.
The User undertakes to make every effort to keep his password secret and not to disclose it in any form whatsoever. He is entirely responsible for the use and custody of the access codes to the Application.
In the event of loss or theft of the access codes, the User may reset his password by clicking on the “Forgotten Password” tab accessible on the first page of the Application.
3.5 Registration to the Application gives access to the following services, subject to a paid subscription for the AIRSWOP DIGITAL TRANSITION and AIRSWOP ENTERPRISE services:
The AIRSWOP GUEST service offers a free service that allows access to the basic functionalities of the Application for an indefinite period of time, in particular the creation of a digital Business Card containing personal business information in accordance with the 4 proposed templates, the exchange of Business Cards via the SWOP functionality, and the collection and storage of its digital Business Cards.
AIRSWOP DIGITAL TRANSITION offers a paid service allowing to benefit from additional functionalities to those of the AIRSWOP GUEST formula, including in particular Digital Business Cards whose graphic design is personalized by the User, the Business Card integrated in the User’s email signature, the addition of links to videos or other media, or the capture of photographed paper cards, by an ESAT for a cost of 0.60 cents per captured card.
Service AIRSWOP ENTERPRISE offers a paid service allowing to benefit from additional functionalities to those of the AIRSWOP DIGITAL TRANSITION formula, in particular a periodic analysis of the data of all Users belonging to the same company, unlimited modifications of the Card mask, the possibility to transfer the Cards stored in the Application between Users of the same company, access to a personalized back office.
All AIRSWOP offers are detailed on the website www.airswop.com. In accordance with Article L.111-1 of the French Consumer Code, the essential characteristics and prices of the Service sold are presented on the website under the Price tab.
ARTICLE 4- ORDER
The Order is considered placed when the User downloads the Application and finalizes the creation of his personal account on the AIRSWOP Application. When the User subscribes to the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISE Service, the Subscription is confirmed when the User signs the subscription contract sent by AIRSWOP. Any request to modify the Order may result in additional costs, particularly in the event of an increase in the number of Users or Beneficiaries holding a personalised Charter Card.
Subscription to the various Services offered by the Publisher grants the User or Beneficiary one or more licenses to use the Application, under the conditions set forth in these General Terms and Conditions.
ARTICLE 5 – PRICES
Users can benefit from the AIRSWOP INVITE Basic Service free of charge (excluding connection costs and telecommunication charges which remain the responsibility of the Users). Users who wish to benefit from the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISE service must take out a paid subscription for a period of one year, renewable by tacit agreement. It is provided at the current price listed on the website www.airswop.com. Prices are expressed in Euros, excluding VAT and including all taxes. As soon as the ordered Services are made available, AIRSWOP issues the invoice and sends it to the e-mail address provided by the User.
ARTICLE 6 – TERMS OF PAYMENT
6.1 The User makes payment on the day of subscription to the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISE service by transfer to the AIRSWOP company account or by direct debit. In the latter case, the User is required to provide AIRSWOP with his bank details when signing the subscription contract.
The User will receive his invoice at the e-mail address provided at the time of registration. Depending on the User’s place of transaction, exchange transaction fees or different prices may apply.
If the User wishes to create additional accounts during the subscription period for new Beneficiaries, the amount due for the new Beneficiaries will be debited directly from the amount due for the new Beneficiaries at the time of subscription.
6.2 Failure or delay in payment – AIRSWOP will not be obliged to activate the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISE service if the price has not been paid in full under the above conditions. Any default or delay in payment, after formal notice has remained unsuccessful, will automatically lead to the application of a surcharge equal to the legal interest rate in force on the day of invoicing. This increase is calculated on the amount, excluding tax, of the unpaid amounts, per indivisible period of one month from the 1st day of delay. The User will also be required to pay a lump sum of 40 euros for collection costs per unpaid invoice.
6.3 AIRSWOP reserves the right to revise its rates annually on each anniversary date of the contract. The User will be informed by e-mail four (4) months prior to the effective application of the new price list.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the French Consumer Code, the User of the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISE Service has no right of withdrawal due to the provision of a personalised Business Card. Validation of the Order for the AIRSWOP DIGITAL TRANSITION or AIRSWOP ENTERPRISE Services constitutes acceptance without restriction or reservation of the Service provided by AIRSWOP.
With respect to the free Service, the User may delete his account and uninstall the application at any time.
ARTICLE 8 – AVAILABILITY OF SERVICES
The Service includes remote access to the functionality of the Application and a data hosting service, as well as maintenance and restoration of the Service. AIRSWOP implements all the means at its disposal to ensure the operation of the Application and the accessibility of the Service. AIRSWOP does not guarantee that the Services operate without interruption, without errors or slowdown, and provides the Service as available. The User is informed that the Service may be temporarily suspended at AIRSWOP’s sole discretion for technical reasons.
ARTICLE 9 – OPERATION OF THE APPLICATION
Each User has a personal space that allows him/her to collect Business Cards and store them in the Application for a period that may be limited.
When the User positions himself on the SWOP tab, he makes his Card visible to the Users who are also on the SWOP tab, at a distance limited to 100 meters in the vicinity (thanks to geolocation). At the same time, Users who are on the SWOP tab in a common perimeter, will be able to click on the Maps they wish to collect and add them to their Map Directory.
Any User or Beneficiary is informed that the collected digital Business Cards are not stored indefinitely in the application with regard to the regulations on the protection of personal data. In particular, the Cards are erased within 3 months of the deletion of a User’s Account and within one year of the de-installation of the Application. Users and Beneficiaries are advised to record or save the details collected via AIRSWOP on their mobile devices or any other media.
Users have a “Contact” button allowing them to access the Cards collected according to different criteria: sorting in alphabetical order by name of Cardholders or company names, sorting by quality of prospects, clients, etc (categories). These functionalities can evolve and be modified.
More information is available on the website www.airswop.com.
Users and Beneficiaries have a button guaranteeing the confidentiality of their Business Cards with respect to third parties. By activating this option, Users with a Card will not be able to share it with other third parties. In this case, Administrator and Manager Users will also not have access to the Card, whose confidentiality is protected.
ARTICLE 10 – BENEFICIARIES’ ACCOUNTS
Professional Customers who are legal entities may order several user licenses for Beneficiaries such as employees. Any Beneficiary is a User who is bound by the same rules of use set out in these General Terms and Conditions. To access the Application, the Beneficiaries must download the Application and create an Account with identifiers that will be sent to them by the User. The Beneficiaries are informed that the holders of Administrator Accounts designated by the User are provided with statistics on the use of their Account and visibility on all the Cards collected.
They are also informed that the Cards they collect may be the exclusive property of the legal entity that makes the AIRSWOP Application available to them. In this respect, they are required to obtain information from the User and/or their employer where applicable.
In any event, AIRSWOP disclaims all liability in the event of a dispute between a User and a Beneficiary regarding the ownership of Cards collected by a Beneficiary. In this respect, Users and Beneficiaries undertake never to seek the liability of AIRSWOP in this respect.
AIRSWOP offers the possibility for Users who have subscribed to the AIRSWOP COMPANY service to manage the Beneficiaries’ accounts by creating a MASTER ADMINISTRATOR account and/or one or more ADMINISTRATOR(S) accounts. The holder of the MASTER ADMINISTRATOR account will have access to statistics on the use of the Business Cards by the Beneficiaries; he will also have access to all the Cards collected by the User and the Beneficiaries belonging to the same company. He may choose to create different groups of Beneficiaries per service or per department of the same company, each of which will be managed by an ADMINISTRATOR.
The holder of the ADMINISTRATOR account will have access to the usage statistics of the Business Cards of his group of Beneficiaries.
The User acknowledges that he/she has been fully informed that he/she remains responsible to AIRSWOP for the proper use of the Application by the Beneficiaries in compliance with the provisions of Article 12. In the event of non-compliance by one or more Beneficiaries with these general terms and conditions, AIRSWOP will send the User a registered letter with acknowledgement of receipt enjoining the Beneficiary concerned to cease any infringement of these general terms and conditions. In the absence of a positive reaction within 8 days of receipt of the said letter by the User, AIRSWOP reserves the right to take any measures against the User to safeguard his interests.
ARTICLE 11 – MAINTENANCE AND TECHNICAL ASSISTANCE
In the event of an incident related to the operation of the service, AIRSWOP conducts a remote diagnosis to determine the origin of the incident. If the cause is not attributable to AIRSWOP, it does not fall within the scope of corrective maintenance. If, on the other hand, the anomaly is linked to an internal malfunction within AIRSWOP, AIRSWOP will implement all the means at its disposal to correct the anomaly.
AIRSWOP provides the User with technical assistance by e-mail or telephone from Monday to Friday between 9 am and 6 pm.
ARTICLE 12- RIGHTS AND DUTIES OF USERS AND BENEFICIARIES
Every User and Beneficiary undertakes to :
- Undertake to use the Application in accordance with its intended purpose;
- Use the Application with respect for other Users;
- To make a respectful use of the personal data of Users and third parties;
- To provide accurate, adequate and updated information and personal data;
- To transmit to AIRSWOP elements that are free of rights or belong exclusively to the User (logo, typography…),
- To make use of the Lawful, adequate, moral, good morals and public order Application;
- Ensure the confidentiality of his identifiers and passwords.
It is therefore expressly agreed that AIRSWOP cannot be held liable, in particular and without this list being exhaustive, for incidents related to non-compliant use of the Services offered, a material breakdown or malfunction concerning the User’s or Beneficiary’s equipment, the User’s or Beneficiary’s refusal to collaborate with AIRSWOP, the sending of inaccurate information by the User or Beneficiary, or fraudulent intrusion into the User’s computer systems.
All Users and Beneficiaries shall refrain from :
- Create an account under a false identity or by usurping the identity of a natural or legal person;
- indicate a function or company that is not accurate,
- Making use of the data unlawful, excessive or constituting an offence ;
- Transmit, display, distribute false or misleading information;
- Communicating false bank details to AIRSWOP;
- Disseminate content of a defamatory, insulting, obscene, racist, xenophobic, inciting hatred or apology for a crime against humanity;
- Harass or embarrass Users or third party users;
- Violate the intellectual property rights of AIRSWOP, its Clients, Users or third parties through the use of the Application;
- Commit a criminal offence or any act of unfair competition, economic parasitism, counterfeiting, any violation of privacy, or any violation of the reputation of a legal or natural person, when using the Services and the AIRSWOP Mobile Application;
- Extract or attempt to extract, in whole or in part, the database of contacts and digital Business Cards of a User; or to access personal data not intended for him/her;
- Transmit, upload to the Application or the AIRSWOP Website, in any way whatsoever, any virus or elements, file codes, programs, create saturation or flood the server, and any action aimed at disrupting the operation of the Application, in particular interrupting or limiting the Service, destroying or compromising the use of the Application by Users;
- Entering or attempting to enter all or part of the system, the server hosting the Application or the AIRSWOP Website or a User’s personal space.
The User and the Beneficiary are informed that the Penal Code punishes violations of the automated data processing system in articles 323-1 to 323-7 and in particular :
- The fact of accessing or remaining, fraudulently, in all or part of an automated data processing system;
- The deletion or modification of data contained in the system, the alteration of the functioning of this system;
- hindering or distorting the operation of an automated data processing system;
- The fraudulent introduction of data into an automated data processing system or the fraudulent deletion or alteration of data contained therein.
- The act, without legitimate reason, of importing, holding, offering, transferring or making available equipment, instruments, computer programs or any data designed or specially adapted to commit one or more of the offences provided for in Articles 323-1 to 323-3.
Any person guilty of these offences shall be liable to a fine of between €30,000 and €75,000 and to imprisonment for between two and five years.
To report abuse or any behaviour that would be detrimental to the User or Client, any User or Client may contact AIRSWOP at the e-mail address firstname.lastname@example.org.
ARTICLE 13 – WARRANTY AND LIABILITY
Legal Warranties – AIRSWOP undertakes to deliver a Service in accordance with its description in Article 3 “Description of the Service” and in conformity with the Order. With regard to paid Services, AIRSWOP is bound by the conditions of the legal guarantees of conformity provided for in Articles L.217-4 to L217-13 of the French Consumer Code and of hidden defects provided for in Articles 1641 and 1648 of the French Civil Code. AIRSWOP will reimburse or rectify, without incurring excessive costs for the company, any services deemed to be defective as soon as possible. Reimbursement will be made by crediting the Customer’s bank account or by bank check made out to the Customer. AIRSWOP’s warranty is limited to the reimbursement of the services actually paid for by the User. Outside of the paid Services, AIRSWOP cannot be held liable for reimbursement or any compensation whatsoever due to non-compliance or hidden defects.
Limitation and Exclusion of Liability – AIRSWOP is bound by an obligation of due care. AIRSWOP shall in no event be liable for any special, indirect, or consequential damages, and more generally for any damage inherent to business interruption, loss of data, loss of opportunity, damage to reputation, loss of enjoyment of a right or property, loss of profit, deprivation of a third party service, and more generally for any loss of an economic nature that may result from the provision of the services sold. Any warranty is excluded in case of damage resulting from force majeure, improper installation, use, negligence, or lack of maintenance of the support (smartphone, tablet, computer) on which the service was provided. AIRSWOP is not responsible in any way for anything that occurs outside the Application or outside its control, such as the transmission of the User’s personal data to a third party or another User, excessive or unwanted contact, or any form of harassment. AIRSWOP shall not be liable for more than one and a half times the amount of its services excluding VAT.
The Services offered by AIRSWOP comply with current French and European Union regulations. AIRSWOP cannot be held liable in the event of non-compliance with the legislation of another country in which the Service is provided, which it is up to the Client, who is solely responsible for choosing the Service requested, to verify.
ARTICLE 14 – INTELLECTUAL PROPERTY
Rights of AIRSWOP – AIRSWOP owns all intellectual property rights to the Mobile Application, as well as to the AIRSWOP trademark. It is also the owner of all logos, drawings, identification signs and texts appearing on its commercial documentation. Users’ rights to the Application are limited to those described in these General Terms and Conditions. Any User or Beneficiary is prohibited from modifying, copying, reproducing, representing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Mobile Application, the Services, the pages of the Site, or the computer codes of the elements making up the Application, under penalty of being found guilty of the crime of counterfeiting.
Client’s rights – The User is the owner of the intellectual property rights, in accordance with the Special Terms and Conditions, on the graphic elements transmitted to AIRSWOP as well as on any verbal, figurative or semi-figurative trademark, and the graphic elements (logo, graphic charter) created by AIRSWOP on behalf of the User within the framework of the AIRSWOP DIGITAL TRANSITION Service or AIRSWOP COMPANY. The User grants AIRSWOP, for the entire world and for the duration of the subscription to the Service, a license to use the content protected by intellectual property rights in connection with the subscription to and use of the Services. The User authorizes AIRSWOP to modify such content in order to comply with the graphic charter of the Services and make it compatible with the Application. The User guarantees AIRSWOP that the data, content, graphic elements, typography, etc. transmitted by him/her via the Mobile Application does not infringe the intellectual property rights or image rights of third parties and guarantees AIRSWOP against any related compensation that may be required from AIRSWOP.
ARTICLE 15 – PROTECTION OF PERSONAL DATA
15.1 AIRSWOP is responsible for the processing of personal data carried out on its behalf, i.e., processing allowing the management of customer relations, the proper functioning of the Application and the website, the evaluation of the performance of its application tool.
AIRSWOP is a subcontractor of personal data processing carried out on behalf of its customers, through the service it offers. As such, any natural person or legal entity using the Application for its own account is responsible for processing and undertakes to respect the protection of personal data in accordance with the legislation in force.
15.2 By entering into the contract, i.e. by validating the creation of an Account, the User consents to the processing of his/her personal data for the purpose of the Service, including the collection, storage and distribution (at his/her discretion or that of third parties depending on the chosen settings) of his/her personal data.
15.3 All Users are informed that when they send their Card to a Beneficiary or a User whose Card bears the logo of a company (other than AIRSWOP), their Business Card and the personal data appearing on it may be consulted and used by Users of the company in question who have an Administrator account.
15.4 Beneficiaries are informed that their use of the Application gives rise to statistics on the use of their Account. These may be sent to the Data Controller, who will make the AIRSWOP DIGITAL TRANSITION or AIRSWOP COMPANY Service available to them.
For all processing, information and the rights of persons relating to the processing of personal data carried out via the Application, please refer to AIRSWOP’s Personal Data Protection Policy.
Use of personal data of other Users or third parties
Any use of the personal data of other Users or Third Parties by the Users or Beneficiaries via the Application, is imperatively done in respect of the will of each User or Beneficiary. Consequently, when a User or Beneficiary sets up his account, makes it clear, or expressly indicates, even orally, that he does not wish the User or Beneficiary receiving his Card to pass it on to other persons, it is up to the latter to comply with this wish.
Users have the possibility of setting up their account to be the sole masters of the distribution of their Card. AIRSWOP cannot be held liable for any use of personal data outside the Application, in particular to hijack the settings blocking the transmission of a Card. Translated with www.DeepL.com/Translator (free version)
ARTICLE 16 – ACCOUNT DELETION AND UNINSTALLATION OF THE APPLICATION
16.1Uninstalling the Application
The User and/or the Beneficiary may uninstall the Application from their mobile at any time without notice. In this case, they will no longer be able to access the Application and the Service unless they download it again.
Simply uninstalling does not delete the Account. If the User downloads the Application again within one year of uninstalling it, he will be able to recover his Account as he left it. If the User does not download the Application within six (6) months, he is informed that his Business Card will no longer be visible to other Users after a period of three (3) months. After one year, the Account will be deleted and all personal data archived.
Users and Beneficiaries are also informed that at the end of their subscription to AIRSWOP DIGITAL TRANSITION or AIRSWOP COMPANY, their Account will not be deleted, it will survive according to the AIRSWOP GUEST formula. They are then fully aware that their personalised Business Card will not be lost at the end of the subscription without this giving rise to any claim for compensation.
16.2 Deletion of the Account by the User
To delete his Account or that of a Beneficiary, the User must write by e-mail to the following address: email@example.com .
The deletion of the Account entails the termination of these Terms and Conditions. When the User deletes his Account, he no longer has access to the Service. The Cards he has already sent will still be visible in the recipient Users’ databases for a period of six (6) months from the date of deletion of the Account. After six (6) months, all personal data will no longer be visible to other Users.
If the Account is not used for a period of one (1) year, the Account is automatically deleted.
ARTICLE 17 – TERMINATION
In the event that a User or Beneficiary breaches these Terms and Conditions, his Account may be suspended by AIRSWOP at any time. The User or Beneficiary whose Account is suspended is informed by AIRSWOP of the suspension and the reasons for it.
In the event of a serious and proven breach of these General Terms and Conditions by one of the Parties, the Party that considers itself injured may terminate this contract by operation of law. This termination will take place 15 days after sending a registered letter with acknowledgement of receipt.
Any termination of the Free Service shall be effected by means of a double notification by AIRSWOP, i.e. by e-mail and on the Mobile Application. The User of the Free Service can simply delete his account.
In case of subscription, the terms of termination are specified in the Special Terms and Conditions. Failing this, the subscription is concluded for twelve (12) months, renewable by tacit agreement. After renewal, the contract may be terminated at any time subject to compliance with a notice period of three (3) months. If the contract is terminated prior to renewal, the contract may be terminated at any time before the anniversary date of the subscription.
ARTICLE 18 – FORCE MAJEURE
AIRSWOP cannot be held liable in the event of an event of force majeure, understood as any event beyond AIRSWOP’s control, which could not be foreseen at the time of the conclusion of these General Terms and Conditions and whose effects cannot be avoided by appropriate measures. In addition to cases of force majeure recognized by case law, the following are considered to be cases of force majeure or fortuitous events: any cut, malfunction, interruption and suspension of the Services provided by telecommunications operators and Internet service providers; power cuts; malfunctions in the cooling systems of computer equipment; viruses and cyber-attacks for which the security means recommended by law do not allow their eradication, exceptional bad weather and natural disasters, strikes, and any change in legislation, regulations and recommendations, imposed by the competent authorities, which would have the effect of substantially modifying the General Terms and Conditions.
ARTICLE 19 – ASSIGNMENT
AIRSWOP may assign this contract to any company of its choice and at any time without prior notice to the Users and without giving rise to any claim for compensation.
ARTICLE 20 – Waiver – Validity
The fact of not taking advantage at one time of one of the provisions of the General Conditions of Sale and Use cannot be considered as a waiver of the right to take advantage of it at a later date. If one of the provisions of the General Terms and Conditions and GCU is declared null and void by the effect of a law, regulation or final court decision, this shall in no way affect the validity and compliance with the other provisions contained in the General Terms and Conditions of Sale, General Terms and Conditions of Use and, where applicable, the Special Conditions.
ARTICLE 21 – DISPUTES
The parties will seek, before any legal action, an amicable agreement and will communicate to each other all the necessary information to this effect. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the consumer may have recourse free of charge to a mediator prior to bringing the matter before the courts, as long as the company AIRSWOP and the consumer are established on French territory. You can contact Medicys, 73 boulevard de Clichy, 75009 Paris.
Tel: +33 (0)1 49 70 15 93 – firstname.lastname@example.org
These General Conditions are subject to French law. The language of interpretation is French. Any dispute between the parties arising from the contractual relationship or related to the Service shall fall within the jurisdiction of the Commercial Court of VERSAILLES if the User is a professional or of the competent courts on French territory under the conditions of common law if the User is a non-professional or consumer.