The general conditions of sale (hereinafter “T&Cs”) describe below detail the rights and obligations of Scorecast SAS (the “Service Provider”) and its Customer in connection with the provision of the Scorecast Business Platform.
The Service Provider markets a sports forecasting platform accessible via the website. https://app.scorecast.fr or via mobile applications available for iOS and Android systems (the “Scorecast Business Platform”), and in addition an offer for legal entities allowing them to organize, for example, internal competitions 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 forecasting competition.
These T&Cs constitute a contractual relationship between the Service Provider and the Customer. Before any payment by the Customer and use of the Scorecast Business Platform by Users, the Customer must agree to accept these Terms and Conditions by ticking the box:” I acknowledge that I have read and understood the T&Cs and I accept them ”, otherwise no access to the Scorecast Business Platform will be granted to him.
Solutions : Refers to the services and operational functions offered by the Scorecast Business Platform and made available to the Customer and its Users.
Data : Refers to information, publications and, in general, data in the Customer database whose use is the object of this service, which can be consulted only by Users.
Internet : Refers to the set of interconnected networks, which are located in all regions of the world.
Software : Refers to any software provided by the Service Provider to the Customer and in particular the associated Solutions.
User : Designates each employee of the Customer (or any other person to whom it opens the competition) who has taken the initiative to participate in the forecasting competition.
Personal Data: Refers to information relating to an identified or identifiable natural person, in accordance with European Regulation (EU) 2016/679 (RGPD), such as, in particular, surname, first name, date of birth, telephone number, bank data...
Treatment : Refers to operations or sets of operations carried out or not using automated processes and applied to Personal Data or a set of Personal Data such as collection, recording, organization, structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any form of provision, reconciliation or interconnection, limitation, deletion or destruction.
Treatment manager : Refers to the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and means of processing.
Subcontractor : Refers to the natural or legal person, public authority, service or other body that processes Personal Data on behalf of the Data Controller.
Capitalized terms, whether used in the singular or plural, will have the meaning given to them below:
The Service 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 iOS and Android mobile applications;
- Creation of a private competition involving the sports matches of one or more competitions chosen and accepted by the Customer and the Service Provider;
- At the request of the Customer, specific functionalities that can be activated:
o Filtering registrations based on Users' email addresses;
o Automatic creation of user accounts upon provision of a file by the Customer;
o Deactivation of the communication space (“forum”) within the Customer's competition (s);
o Removal of advertisements within the Customer's competition;
o Replacing the large-format advertising banner with a custom banner within
the Customer's competition;
o Customizable space allowing the Customer to communicate with Users within its competition.
These T&Cs come into force from the moment they are accepted by the Customer, until the end of the sports competition (s) chosen by the Customer and intended to be the subject of a forecasting competition.
The Service Provider makes the Solutions available to the Customer accessible on its server via the Internet network. It ensures the hosting of Solutions and Data.
The main features offered by the Scorecast Business Platform are:
- Organization of private sports prediction competitions at a sports event;
- Automatic creation of competition matches as soon as the exact protagonists are known;
- Automatic update of the match score;
- Automatic calculation of points earned 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 Competition.
The Service Provider and the Customer undertake to collaborate to the best of their abilities in order to allow the proper execution of their respective obligations. If a difficulty arises, the Service Provider and the Customer undertake to consult in order to determine and implement an appropriate solution to respond to the difficulty, all as soon as possible.
Users may connect to the Scorecast Business Platform at any time via the website or mobile applications, except for the exceptions mentioned in the General Terms of Use.
Access is provided:
- From computers provided by the Customer to Users or from their personal computer;
- By using Internet access provided by the Customer to Users or by using their personal Internet access. Under no circumstances may the Customer require the Service Provider to provide the means of access (terminals and Internet access) to the Solutions, nor can the Customer claim any compensation for providing Users with these means of access.
The Customer and the Users are aware of the technical hazards inherent in the Internet, and of the interruptions in access to the Solutions that may result. However, the Service Provider will not be held responsible for any unavailability or slowdowns of the Solutions and is not in a position to guarantee the continuity of the Solutions executed remotely via the Internet, which the Customer acknowledges.
The Service Provider agrees to put in place effective controls that provide reasonable assurance that the Customer can access and use the Solutions under the best conditions.
Access to the Solutions may occasionally be suspended due to maintenance interventions necessary for the proper functioning of the Service Provider's servers, or for any reason mentioned in the General Terms of Use.
The Service Provider cannot be held responsible for the possible impact of this unavailability on the Customer's activities.
The Service Provider grants the Customer a personal, non-exclusive, non-transferable and non-transferable right to use the Solutions, for the entire duration of the sports competition that is the subject of a forecasting competition, having For the sole purpose of allowing Users to use the Solutions, to the exclusion of any other purpose.
Users may use the Scorecast Business Platform only in accordance with the General Terms of Use that they have previously accepted.
Neither the Customer nor the Users may under any circumstances make the Solutions available to a third party, and are strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
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, i.e.:
- A name;
- A first name;
- A telephone number;
- An email address.
This data is collected to:
- identify and designate the contact person who will be in contact with the Service Provider;
- be sent to the payment intermediary in order to proceed with the payment of the price of the service;
- If necessary, be used for billing purposes, if necessary by a service provider responsible for issuing invoices.
The Service Provider agrees to i) strictly comply with the regulations in force on personal data (in particular the Data Protection Act of 1978, the European Regulation (EU) 2016/679 and all the recommendations and prescriptions of the National Data Protection Commission), ii) take measures according to the respectful use of the data collected, and iii) respect the rights of the persons concerned.
Each of the Parties agrees to process the data relating to their respective contacts in accordance with the regulations in force, in particular in order to ensure the exercise of their rights by the persons concerned. The Service Provider may use one or more other subcontractors to carry out certain processing activities on its behalf.
In the event of a breach by the Customer or the Service Provider of its obligations, the Contract may be automatically terminated by the other Party thirty (30) days after the sending of a letter of formal notice sent by registered mail with acknowledgement of receipt that remains without effect.
The formal notice will indicate the defect (s) found, without prejudice to any damages to which the party injured by the non-performance may claim.
In the event of termination, the Customer guarantees the Service Provider that all Users will stop using all access codes to the Solutions.
Force Majeure is understood as defined by article 1218 of the Civil Code.
A party that, in carrying out its obligations with due diligence, encounters an obstacle of any nature that it cannot overcome, is not liable and is relieved of its obligations, in whole or in part, temporarily or permanently, depending on the circumstances.
It must immediately notify the other party in writing of the situation.
Under no circumstances is the Service Provider responsible for indirect damage suffered by the Customer.
Indirect damage is considered to be any financial or commercial damage, loss of turnover, loss of operation, profit, order or Customer, damage to the image as well as any action directed against the Customer by a third party.
The Service Provider only makes a commitment to the Customer, in the event of action by third parties such as the Customer's subsidiaries, Users, partners or subcontractors of the Customer or the Customer's customers against the Service Provider as a result of these T&Cs, the Customer must guarantee the Service Provider against the consequences of such actions.
This clause survives in the event of termination of the commercial 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 payment methods available are as follows:
- Bank card;
- SEPA direct debit;
- Bank transfer. When the Customer chooses to make payment by bank card or SEPA direct debit, he uses the Stripe payment tool and intermediary, being free to substitute any other service provider. As an exception, the Customer and the Service Provider may agree on another method of payment.
Full access to the Scorecast Business Platform will only be granted to the Customer and all of its Users after full payment of the price, unless otherwise agreed otherwise.
In any event, in the absence of payment by the agreed deadline, the Service Provider will be free to cut off access to the Scorecast Business Platform. The Service Provider will bill the Customer at the address of the later's head office, unless otherwise specified.
He uses the billing software “VosFactures” to issue and store his invoices, but may replace it with any software or service provider of his choice.
The Service Provider is and remains the holder of the marketing rights relating to any element of the Solutions made available to the Customer, as well as more generally than the IT infrastructure (software and hardware) implemented or developed as part of the provision of the service.
The Customer does not hold any ownership rights over the Solutions and the temporary provision of the Solutions cannot be considered as the transfer of any intellectual property right for the benefit of the Customer, within the meaning of the Intellectual Property Code.
The Customer is prohibited from reproducing any element of the Software, or any documentation concerning them, 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 as part of a temporary assignment, a sublicense and any other contract providing for the transfer of these rights and obligations.
The Service Provider wishes to closely associate its suppliers and customers with its values, in particular in order to respect and promote the principles of sustainable development and ethics.
It therefore agrees, without limitation, to respect and ensure that its main subcontractors and/or suppliers apply the following rules:
(i) refrain from using child labour or any other form of forced or compulsory labour in accordance with the standards of the International Labour Organization;
(ii) refrain from any form of discrimination within its company or at its subcontractors;
(iii) ensure the safety of personnel and third parties;
(iv) employ only employees who are in a regular situation in accordance with the laws and regulations in force;
(v) respect the environment in product design, manufacture, use, and disposal or recycling and minimize negative effects on the environment in compliance with all applicable national, European and international environmental regulations and public health legislation;
(vi) proscribe any form of corruption in connection with the execution of this contract.
These T&Cs are subject to French law.
Prior to any litigation, the Customer and the Service Provider will endeavor to resolve any disputes that may arise amicably.
Any difficulties relating to the interpretation, execution and expiration of these terms and conditions will be submitted, in the absence of an amicable agreement, to the Paris Commercial Court, to which the Service Provider and the Customer Grant Territorial Jurisdiction, even in the event of interim relief, warranty claims or multiple defendants.
