The general terms and conditions of sale (hereinafter "GTC") described below detail the rights and obligations of Scorecast SAS (the "Provider") and its Client in the context of the provision of the Scorecast Business Platform.
The Provider markets a sports prediction platform accessible via the website https://app.scorecast.fr or via mobile applications available for iOS and Android systems (the "Scorecast Business Platform"), and also offers a service for legal entities enabling them to organize, for example, internal contests in order to animate the relationship with their employees and/or with their audience
The Customer wishes to subscribe to this commercial offer in order to organize an internal prediction contest.
These GTC constitute a contractual relationship between the Provider and the Customer. Prior to any payment by the Client and use of the Scorecast Business Platform by Users, the Client must expressly accept these GTC by checking the box: " I acknowledge having read and understood the GTC and I accept them ", without which no access to the Scorecast Business Platform will be delivered.
Solutions: Refers to the operational services and functions offered by the Scorecast Business platform and made available to the Client and its Users.
Data: Refers to the information, publications and, in general, the data in the Customer database, the use of which is the object of this service, which can be consulted only by the Users.
Internet: Refers to the set of interconnected networks, which are located in all regions of the world.
Software: Means any software provided by the Service Provider to the Customer and in particular the associated Solutions.
User: Refers to each employee of the Customer (or any other person to whom it opens the contest) who has taken the initiative to participate in the prediction contest.
Personal data: Refers to information relating to an identified or identifiable natural person, in accordance with the European Regulation (EU) 2016/679 (RGPD), such as, in particular, name, surname, date of birth, telephone number, bank details...
Processing: Refers to operations or sets of operations carried out or not by means of automated processes and applied to Personal Data or set of Personal Data such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any form of making available, reconciliation or interconnection, limitation, deletion or destruction.
Data controller: Refers to the natural or legal person, public authority, department or other body that, alone or jointly with others, determines the purposes and means of the processing.
Sub-processor: Refers to the natural or legal person, public authority, department or other body that processes Personal Data on behalf of the Controller.
Words beginning with a capital letter, whether used in the singular or plural, shall have the meaning set forth below:
The Provider grants the Customer, who accepts, a right of access to the Solutions for all Users under the conditions defined below:
- Access to the Scorecast Business Platform via the Internet and the iOS and Android mobile applications;
- Creation of a private competition based on the sports matches of one or more competitions chosen and accepted by the Client and the Provider;
- At the Client's request, specific functionalities that can be activated:
o Filtering of registrations based on Users' email addresses;
o Automatic creation of Users' accounts upon provision of a file by the Customer;
o Deactivation of the communication space ("forum") within the Customer's competition(s);
o Deletion of advertisements within the Customer's competition;
o Replacement of the large format advertising banner by a customized banner within
of the Customer's competition;
o Customizable space allowing the Customer to communicate within his competition with the Users.
These GTC come into force as of their acceptance by the Customer, until the end of the sports competition(s) chosen by the Customer and intended to be the subject of a prediction contest.
The Service Provider provides the Customer with the Solutions accessible on its server via the Internet. The Provider hosts the Solutions and Data.
The main features offered by the Scorecast Business Platform are
- Organization of private competitions of sports predictions on a sports event;
- Automatic creation of the matches of the competition as soon as the exact protagonists are known;
- Automatic update of the score of the matches;
- Automatic calculation of the points won for each prediction (exact score, good goal difference, good winner) according to the rules described on the page https://app.scorecast.fr/help/points.php;
- Automatic calculation of the ranking of Users participating in the Customer's competition.
The Provider and the Client undertake to collaborate to the best of their ability in order to allow the proper performance of their respective obligations. If a difficulty should appear, the Provider and the Client undertake tò consult each other in order to determine and implement a suitable solution to meet the difficultý, all as soon as possible.
Access is provided:
- From the computers provided by the Customer to the Users or from their personal computers;
- By using an Internet access provided by the Customer to the Users or by using their personal Internet access. In no event shall the Customer be entitled to claim from the Service Provider the provision of the means of access (terminals and Internet access) to the Solutions, nor shall the Customer be entitled to claim any compensation for the provision to the Users of such means of access.
The Customer and Users are advised of the technical hazards inherent in the Internet, and of the interruptions in access to the Solutions that may result. As a result, the Service Provider shall not be held responsible for any unavailability or slowdown of the Solutions and is not able to guarantee the continuity of the Solutions executed remotely via the Internet, which the Customer acknowledges.
The Service Provider undertakes to implement effective controls to provide reasonable assurance that the Customer can access and use the Solutions in the best conditions.
The Service Provider shall not be held responsible for the possible impact of this unavailability on the Customer's activities.
The Provider grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the Solutions, for the duration of the sports competition which is the subject of a prediction contest, for the sole purpose of allowing Users to use the Solutions, to the exclusion of any other purpose.
Neither the Customer nor the Users may under any circumstances make the Solutions available to a third party, and they strictly prohibit any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being limitative.
At the time of purchase, the Customer will be asked to provide, in addition to the data specific to the contracting legal entity, data relating to the Service Provider's contact person, namely:
- A name;
- A first name;
- A telephone number;
- An e-mail address.
This data is collected in order to:
- identify and designate the interlocutor who will be in contact with the Service Provider;
- be transmitted to the payment intermediary in order to proceed with the payment of the price of the service;
- if necessary, be used for invoicing purposes, if necessary through a service provider in charge of issuing invoices. The Service Provider undertakes to i) strictly comply with the regulations in force on personal data (in particular the French Data Protection Act of 1978, the European Regulation (EU) 2016/679 and all the recommendations and prescriptions of the French Data Protection Authority (Commission Nationale Informatique et Libertés), ii) take measures to ensure that the data collected is used in a respectful manner, and iii) respect the rights of the persons concerned.
Each of the Parties undertakes to process the data relating to their respective interlocutors in accordance with the regulations in force, in particular with a view to ensuring the exercise of their rights by the persons concerned. The Provider may use one or more other subcontractors to carry out certain processing activities on its behalf.
In the event that the Customer or the Service Provider fails to comply with its obligations, the Agreement may be terminated by the other Party by operation of law thirty (30) days after a formal notice sent by registered mail with acknowledgement of receipt has remained without effect.
The formal notice shall indicate the default(s) noted, all without prejudice to any damages to which the Party injured by the non-performance could claim.
In the event of termination, the Customer warrants to the Provider that all Users will cease to use any access codes to the Solutions.
Force majeure is defined in article 1218 of the Civil Code.
A party who, in performing its obligations with all due diligence, encounters an obstacle of any kind that it cannot overcome, shall not be liable and shall be relieved of its obligations, in whole or in part, temporarily or permanently, depending on the circumstances.
It shall immediately notify the other party of the situation in writing.
In no event shall the Provider be liable for any consequential damages suffered by the Customer.
Indirect damages include any financial or commercial loss, loss of sales, loss of business, loss of profits, loss of orders or customers, damage to the Customer's image, as well as any action taken against the Customer by a third party.
The Service Provider's liability is limited to the Customer. In the event of any action by a third party such as the Customer's subsidiaries, Users, partners or subcontractors or the Customer's customers against the Service Provider as a result of these GTC, the Customer shall indemnify the Service Provider against the consequences of such actions.
This clause shall survive in the event of termination of the business relationship.
The total amount of the price is fixed by the catalog of services.
The amount of the services is paid directly online by the Customer. The following payment methods are available:
- Bank card;
- SEPA direct debit;
- Bank transfer. When the Customer chooses to pay by credit card or by SEPA direct debit, he/she uses the Stripe payment tool and intermediary, being free to substitute any other provider. As an exception, the Customer and the Provider may agree on another payment method.
Full access to the Scorecast Business Platform will only be granted to the Customer and all its Users upon full payment of the price, unless otherwise agreed.
In any event, in the event of non-payment by the agreed due date, the Provider shall be free to cut off access to the Scorecast Business Platform. The Provider will invoice the Customer at the Customer's registered office address, unless otherwise specified.
It uses the "VosFactures" invoicing software to issue and keep its invoices, but may substitute any software or service provider of its choice.
The Service Provider is and remains the owner of the marketing rights relating to any element of the Solutions made available to the Customer, as well as more generally to the IT infrastructure (software and hardware) implemented or developed as part of the service provision.
The Customer does not hold any property rights in the Solutions and the temporary provision of the Solutions shall not be construed as the transfer of any intellectual property rights to the Customer, within the meaning of the Intellectual Property Code.
The Customer shall not reproduce any element of the Software, or any documentation concerning it, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
The Customer may not assign all or part of the rights and obligations, whether by temporary assignment, sub-license or any other agreement providing for the transfer of such rights and obligations.
The Provider wishes to closely associate its suppliers and customers with its values, in particular with a view to respecting and promoting the principles of sustainable development and ethics.
It therefore undertakes, without limitation, to respect and to ensure that its main subcontractors and/or suppliers apply the following rules:
(i) refrain from using child labor or any other form of forced or compulsory labor in accordance with the standards of the International Labor Organization;
(ii) refrain from any form of discrimination within its company or to its subcontractors;
(iii) ensure the safety of personnel and third parties;
(iv) employ only employees who are legally entitled to work under the laws and regulations in force;
(v) to respect the environment in product design, manufacture, use and disposal or recycling and to minimize negative effects on the environment in compliance with all applicable national, European and international environmental and public health regulations;
(vi) to prohibit in the performance of this contract any form of corruption.
The present GTC are subject to French law.
Prior to any litigation, the Customer and the Service Provider shall endeavor to resolve amicably any disputes that may arise.
Any difficulties relating to the interpretation, execution and expiration of the present contract will be submitted, in the absence of amicable agreement, to the Commercial Court of Paris to which the Service Provider and the Customer attribute territorial jurisdiction and this even in the event of summary proceedings, appeal in guarantee or of plurality of defendants.