Conditions Générales d'Utilisation - Terms of service

Effective date: 24/01/2020

GENERAL TERMS AND CONDITIONS OF USE FOR THE MOBILE APPLICATION PUBLISHED BY SUPERCONNECTR

Current versions of the mobile application: 1.6.15, 1.6.16, 16.17.

Current version of the community administration dashboard: 1.6.14.

  1. SUBJECT

The present general terms and conditions of use detail the rights and obligations of SUPERCONNECTR SAS, a simplified joint stock company incorporated under French law, with a share capital of € 5813.00, whose registered office is located at 33, rue de la République, 69002 LYON, registered with the Lyon Trade and Companies Register under number R.C.S. 838 476 265 (hereinafter referred to as the "Company"), and any Community Leader and/or User Member of the SUPERCONNECTR Application (as these terms are defined below) or published by SUPERCONNECTR, made available by the Company and the functions and services it offers (hereinafter referred to as the "Services"). "Services").

The Application is a multi-community or private community networking and animation solution, the purpose of which is to facilitate interactions between members and to facilitate the animation of professional communities (hereinafter referred to as the "Community(ies)"). 

  1. DEFINITIONS

"Application means the software application SUPERCONNECTR or published by SUPERCONNECTR SAS for its clients, published and supplied by the Company, allowing access to the Services, and available free of charge on the App Store© or Google Play© to be downloaded by a User on his smartphone.

"Members' Directory: means the directory of business contacts held by the Community Leader, as uploaded by the said Community Leader in csv format on the Platform, or invited by the Community Leader by entering e-mail addresses, or accepted to join the community following a "request to join" from users via the SuperConnectr application interface.

"Community(ies) : has the meaning defined in Article 1.

"Community Leader or "You" User: refers to (i) any user of the Platform made available by your manager and (ii) any administrator user of the Application who has accepted these General Terms and Conditions of Use when connecting to the Application for the first time.

"Account designates :

  • The account opened free of charge in the name of the User Member when he/she registered for the Application, after downloading the Application, enabling him/her to use the Services; or
  • The administrator account opened in the name of the Community Leader when he/she registered on the Platform, enabling him/her to use the Services. 

"Contents : has the meaning defined in Article 7 below. 

"General Conditions of Use" or "GCU Terms and Conditions: refer to the general terms and conditions of use of the Application and the Services it offers.

"Company or " We " has the meaning defined in article 1 above. 

"Services: has the meaning defined in Article 1 above. 

"User(s) Member(s) "or "You" User: means an individual of legal age or a minor who has obtained prior authorisation from his/her parents or guardian, who has downloaded the Application for his/her own use, and who wishes to benefit from the Services offered by the Application.  

"User(s) or "You": refers indiscriminately to all users of the Application, i.e. Member Users and Community Leaders. 

"Platform : means the SUPERCONTR software platform published and supplied by SUPERCONTR SAS, and accessible in SaaS mode by any Community Leader.

  1. CREATING AN ACCOUNT - ACCEPTANCE OF THE GGU 

You will be involved in : 

  • As a User Member of the Application ; 
  • As Community Leader for the Application.

  1. Creating a User Member Account

As a User Member, access to the Services requires that you download the Application from the App Store© or Google Play©, depending on the compatibility of your smartphone.

In order to use the Application, you must create your Account by providing your Data using the registration form. You must provide a login email and password. You are solely responsible for maintaining the confidentiality of your login details.

You will then receive an email containing the activation code for your Account. Once your Account has been activated, you will be asked to complete your profile. You can then access the Application and all the Services free of charge, excluding the cost of a subscription with your mobile telephone operator and/or the cost of connection and access to the Internet network. 

  1. Access to the Application by a Community Leader 

As a Community Leader, access to the Services requires that you have first (i) obtained the rights to access the Platform as a Community Leader from your manager and (ii) created your login details from the Platform or from your Member account in the SuperConnectr Application. 

  1. Terms and conditions common to all Users

If you lose or forget your password, you can reset your connection password at any time by clicking on the "Forgot password" tab on the authentication screen when you launch the application or from the "Reset password" tab in "Settings" via your profile, and following the reset instructions provided by the Company.

Any creation of an Account or first connection to the Application is subject to the express and unequivocal acceptance of the Terms and Conditions of Use by ticking a specific box available when creating said Account or connecting to said Account. 

All Accounts are strictly personal and non-transferable. All Users undertake to create and/or use only one Account. The creation of an Account or connection to an Account or the distribution of Content under the identity of a third party or under a false identity is strictly prohibited and may result in the immediate suspension or deletion of the Account. 

  1. Acceptance of the GCU by Users 

You are solely responsible for your use of the Services and the Application.  

If you do not agree with the content hereof, you will not be able to access the Application and the Services. 

These Terms and Conditions of Use may be amended at any time. In such a case, in order for the new General Terms of Use to apply to you, you must reiterate your acceptance at the time of the first connection following such an update. Failing this, all access to the Application and Services will be suspended. 

 

  1. ACCOUNT DELETION 

You can delete your Account at any time directly from the Application, from your settings accessible via your Profile. Your Account and all its data will be deleted within a maximum of 72 hours by your administrator. 

The deletion of your Administrator Account as Community Leader on the Application automatically entails its deletion on the Platform. 

  1. DESCRIPTION OF SERVICES
    1. Services covered by the Application for a User

The User acknowledges that the Services described below are not guaranteed to be functional and/or optimally open to all Users; some of the Services described below presuppose that the User concerned has agreed to the collection and processing of his/her personal data for the purposes covered by these Services. 

Once the User's Account has been created, or when the User logs on to his or her Account for the first time : 

  • View the profile of a User of the Community in which they are registered and/or which they administer;
  • Access all the content of the Communities in which it is registered and/or which it administers;
  • Request to join other Communities either by requesting registration, each Community being free to accept the User or not within the said Community, or by receiving a new invitation to join the Community;
    • Send messages to another User outside the Community in which he is registered and/or which he administers via the Application, depending on his level of relationship with him.
  • Put people in touch with each other from the Application using the "Connector" function:
    • Two Users of the Community to which it belongs and/or which it administers; or 
    • A User of the Community to which it belongs and/or which it administers and a third-party User of that Community; or
    • Two Users who are not members of the Community in which they are registered and/or which they administer. 
  • Receive "push notifications" linked to their actions (in particular news from their communities, announcements of events in the communities in which they are registered, the receipt of a new discussion or connection message, the arrival of a new member, etc.);
  • To be promoted to other Users within the Community in which it is registered and/or which it administers;
  • Share meeting objectives with the administrator of the Community in which the User is registered; 
  • Carry out the following actions within a Community in which it is registered and/or which it administers:
    • View the list of Community User profiles ; 
    • Joining internal Community groups ;
    • Search for a user in the Community ;
    • Send a message to each User of the said Community (via an In-App instant messenger or via your personal space),
    • Consult content (including articles) about other Users of the Community, about the Community in general, about events linked to the Community and about requests for mutual assistance between Users; 
    • React to and comment on content published by the Community and other Community Users.

  1. Additional services covered by the Community Leader Application

In addition to the Services described in Article 5.1 above, as a Community Leader, you may:

  • Access the Community creation service ;
  • Access an extended list of User Members not yet registered on the Application; 
  • Moderate (delete) content published by other Community Users

  • Accept or reject Users wishing to join the Community(ies) you administer;
  • View the profiles of the new User Members of the Community you administer: these may be :
    • Those who have created their Account via the Application;
    • Those who accepted his invitation by e-mail; 

  • Create and share Content within the Community(ies) that you manage and publish it on the Application;

  1. Availability of the Application 

The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure as defined by French law, and subject to any maintenance operations necessary for the proper functioning of the Application and the Services it offers.

  1. Assistance

For any technical questions or questions relating to the operation of the Application, you are invited to contact the Company at the following address: contact@superconnectr.com.

  1. Evolution of Services and versions of the Application

All of the Services available via the Application may change at any time in order to add new functions or services. The Company may modify the content, presentation and operation of the Application at any time without incurring any liability.

Updates will be made without Users being notified. 

  1. OBLIGATIONS OF THE USER 

As a User, you declare that you are fully aware of the characteristics of the Internet and the constraints associated with its use, in particular the impossibility of guaranteeing the integrity and confidentiality of all data in transit.

You undertake to comply with all the operating rules of the Services and more particularly, for a User Member, with those of each Community to which you belong, as set out in the operating charters made available on the Application.

In using the Application and any Services available therein, you undertake to :

  • Not to divulge or disseminate content likely to damage the image of the Company and/or any other User and/or any third party and/or a Community, and/or which does not comply with the legal and regulatory provisions in force, 

  • Not to use computer programmes that could disrupt, interrupt or destroy all or part of the Services provided by the Application.

As soon as use of the Application allows you to edit and/or publish Content, you undertake to moderate your language and not to divulge or disseminate any comments:

  • Of an advertising or promotional nature for regulated or illicit products or services,
  • Contrary to public order and/or not in compliance with the legal and regulatory provisions in force,
  • Defamatory, abusive, outrageous, misleading, discriminatory or libellous towards a User, a Community, the Company or a third party, 
  • of a racist, xenophobic or Holocaust-denying nature, inciting discrimination, hatred or violence against a person or a group of persons on the grounds of their origin, sex, family status, physical appearance, surname, state of health, their disability, their genetic characteristics, their morals, their real or supposed sexual orientation, their age, their political opinions, their trade union activities, or their real or supposed membership of a particular ethnic group, nation, race or religion,
  • Contain viruses or any other computer program likely to disrupt, interrupt or destroy all or part of the Application and/or Services.

Similarly, you undertake not to infringe the intellectual property rights of the Company, a Community, another User or a third party, nor to disseminate any information of a confidential nature or information the dissemination of which would constitute a breach of a contractual obligation to the Company, a Community, a User or a third party. 

You acknowledge that you use the data collected and/or generated by the Application under your sole responsibility. You waive all rights of recourse against the Company in the event of legal action being taken by a third party, a Community or another User as a result of the publication of any comment or opinion, or as a result of any breach of the obligations arising hereunder. 

You acknowledge that it is forbidden to carry out any action likely to interrupt the Application, restrict its availability, or any of the Services offered therein, or prevent its continuity. Any intrusion, or attempted intrusion, into the Application, misappropriation of data, or breach of the security and authentication measures of the Application may give rise to legal proceedings.

Any serious breach by a User of any of his commitments under these General Terms of Use, which is not remedied within fifteen (15) days of receipt of a registered letter with acknowledgement of receipt or an email with acknowledgement of receipt from the Company, entitles the latter to suspend or revoke the access of the User concerned, depending on the seriousness of the facts, or to prohibit use of the Application where applicable. The letter or email will specify the alleged offences. In addition, the User will be prevented from accessing his/her Profile and/or the relevant Services of the Application, without prejudice to any other damages and interest to which the Company may be entitled. In the event of a manifestly unlawful disturbance or infringement, the time limit for remedying the breach may be shorter.

  1. INTELLECTUAL PROPERTY 

The Application, including the Services offered therein and all content and/or graphic elements created and made available by the Company, are the full and entire property of the Company, including the related intellectual property rights, and all trademarks and logos used by the Company.

The Company indirectly grants you a limited, personal, non-transferable and non-exclusive licence to use the Application under the conditions set out herein. Any other use is expressly excluded.

You may not under any circumstances, either directly or with the assistance of a third party or another User, without the prior written consent of the Company, except under the conditions strictly provided for by law:

  • Modify the Application and its functionalities,
  • Reproduce the Application and its functions,
  • Distribute the Application on a commercial basis,
  • Arranging, adapting and translating the Application and its functionalities,
  • Correct the Application and its functionalities,
  • Extract all or part of the Application and the data contained therein,
  • Decompile the Application.

You declare that you are the author of the content that you publish on the Application and of all the elements that make it up, including in particular photographs and texts, and/or that you hold the intellectual property rights relating to it (hereinafter the "rights"). "Content"). You guarantee that the Company will be able to enjoy it peacefully, whether as a result of your actions or those of third parties. 

In this respect, you grant the Company a non-exclusive, transferable, sub-licensable right to use, free of charge, all of the Content, as and when it is published on the Application, as well as a free licence for all related intellectual property rights.

All the intellectual property rights to the Content thus granted to the Company include the right for the Company to reproduce, represent, distribute, adapt, modify, use and translate all or part of the Content in any country, by all processes and means, both current and future, in any form whatsoever and on all media, including digital or digital, known or unknown, foreseeable or unforeseeable as of the date hereof, in any language, in any format, known or unknown as of the date hereof, as part of the Services offered by the Application or in connection with the Company's activity, for any purpose whatsoever, including commercial purposes.

This licence is granted and accepted worldwide for a period of fifty (50) years.

You guarantee the Company against any action, complaint, claim, eviction whatsoever, on the part of a third party, a Community or another User, invoking an intellectual or industrial property right to which the Content would infringe, or act of unfair and/or parasitic competition. Consequently, you undertake to deal personally with any claim and/or proceedings brought against the Company that are directly or indirectly related to the Content that is the subject of this licence. To this end, you undertake to intervene voluntarily, if necessary, in any proceedings brought against the Company on this basis.

Content published by the Company, as well as content created by a Community or another User, may only be used within the framework of the Application, without any right of use, reproduction and/or distribution, whether or not for commercial purposes, and under your sole responsibility. 

  1. PERSONAL DATA

The collection and processing of Users' Personal Data and all related procedures are described in the Company's Privacy Policy in accordance with EU Regulation 2016/179: https://superconnectr.com/policy

As a reminder, your rights as a User are as follows:

  • Right to withdraw consent
  • Right of access to Personal Data
  • Right to rectify or delete Personal Data
  • Right to the portability of Personal Data

They may be exercised by contacting the Company at the following address: gdpr@superconnectr.com

 

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