1. Purpose of the Terms and Conditions

These General Terms and Conditions of Use (GTC) are intended to define the conditions of access to and use of the platform operated by the Publisher.

The platform allows, in particular, the creation, distribution and consultation of professional content, as well as the connection and visibility of profiles between Users within the strict framework of the functionalities offered.

Content published on the platform can be viewed in several countries and can be used for search, recommendation or matching features within the platform.

The Publisher acts as a provider of a technical platform enabling Users to publish, connect, and distribute content. It does not exercise any ongoing editorial control over the content published by Users, subject to applicable legal obligations.

Any use of the platform implies full and complete acceptance of these Terms and Conditions.

2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

• “Platform”:refers to all services accessible from the website operated by the Publisher;
• “Publisher”:refers to the company operating the platform;
• “User”:refers to any person accessing or using the platform, whether or not they have an account;
• “Client”:refers to any User who has subscribed to a paid service from the Publisher;
• “Account”:refers to the personal space accessible via login credentials;
• “Profile”:refers to the presentation space created by a User on the platform.

3. Access to the platform

The platform is accessible to any User with internet access.

Some features would require the prior creation of an account.

The Publisher reserves the right to limit access to certain services or features in certain countries or territories.

The Publisher implements reasonable means to ensure the accessibility of the platform, without being bound by an obligation of permanent availability.

Access to the platform may be temporarily suspended for maintenance, update, security reasons or in the event of force majeure.

4. Account Creation

Creating a free account allows the User to create a simplified presentation of their establishment, access a presentation of the platform's features, the free commercial conditions offered, and the appointment booking tools for communicating with the Publisher.

A demonstration video showcasing the main features and services offered by the platform is accessible from the site's homepage.

The User declares that they have the necessary legal capacity to use the services offered by the platform.

The User agrees to provide accurate, complete and up-to-date information when creating their account.

Login credentials are strictly personal and confidential. The User remains solely responsible for their use.

Any use of the account made using the User's credentials will be deemed to have been made by the User.

5. General operation of the platform

The platform allows, in particular:

• the creation and distribution of professional profiles;
• the publication of content;
• viewing profiles and content;
• connecting Users;
• access to the various tools and features offered by the platform, including communication and emailing tools.

CAP EXPERIENCES facilitates exchanges and networking between professionals. As such, Users can, within the framework of the platform's features and services, have CAP EXPERIENCES distribute information, offers, or proposals to other professionals who may be interested in relation to their business.

CAP EXPERIENCES distributes these communications without disclosing the recipients' contact information to the User who initiated the communication. The procedures relating to the processing of personal data and the exercise of the rights of data subjects are detailed in the Privacy Policy.

The platform's functionalities are based on connecting and increasing the visibility of profiles between Users within the strict framework of the services offered.

In this context, certain content, professional information or contact details provided by Users may be accessible to other authorized Users in order to enable interactions, communication and networking functionalities.

The published content may be accessed in several countries and may be subject to automated translations into several languages. These translations are provided for informational purposes only and may contain inaccuracies or approximations. The Publisher does not guarantee their accuracy or completeness.

Users may, at their own risk, include pricing information in their content or listings in the design of their choice for informational purposes only. The Publisher does not perform any currency conversion and does not guarantee the accuracy or timeliness of the amounts or equivalencies displayed.

6. User Obligations

The User agrees to use the platform in accordance with applicable laws and regulations as well as these Terms and Conditions.

The User is specifically prohibited from:

• to disseminate illegal, misleading, defamatory, discriminatory content or content that infringes on the rights of third parties;
• to impersonate a third party;
• to disrupt the operation of the platform;
• to use the platform for fraudulent purposes;
• to extract or reuse on a massive scale the content or data accessible on the platform;
• to use the platform for sending unsolicited communications.

The User agrees that the content disseminated via the platform will comply with the applicable regulations in the countries in which it is accessed or disseminated.

When using the emailing or communication features offered by the platform, the User agrees to comply with all applicable regulations, including those relating to electronic marketing, the protection of personal data and the fight against unsolicited communications.

The information accessible via the platform may only be used within the normal scope of the features and services offered. Any mass extraction, resale, external commercial reuse, creation of independent files, or use contrary to these Terms of Service is prohibited.

The User remains solely responsible for the content they request to be distributed and the targeting criteria they specify, as well as for compliance with the rules applicable to communications made at their initiative.

The User agrees to adopt a fair, respectful and professionally appropriate attitude in the context of exchanges carried out via the platform.

Any misuse of the networking, communication or emailing features, in particular for spamming, unanswered mass solicitation, fraud or harassment, may result in the suspension or deletion of the account concerned.

7. Published Content

The User remains solely responsible for the content, information, texts, visuals, documents and data that he/she publishes on the platform.

The published content must comply with the technical constraints defined by the Publisher and accessible from the platform's back office.

The Publisher provides various tools to assist in using the platform, including guides and tutorials accessible from the back office. These resources are provided for informational purposes only and do not replace the User's responsibility.

The Publisher reserves the right to refuse, suspend, modify or delete any content that does not comply with these Terms of Use, applicable laws or the technical specifications of the platform.

The Publisher may also remove or make inaccessible any content that is the subject of a claim, an administrative or judicial decision, or a request from a competent authority.

8. Intellectual Property

All elements comprising the platform, including its structure, interface, functionalities, texts, graphics, logos, trademarks, databases and editorial content, are protected by intellectual property provisions.

Any unauthorized reproduction, representation, adaptation, extraction, exploitation or use of all or part of the platform is prohibited.

Content published by Users remains their property or that of their rights holders.

The User, however, authorizes the Publisher, for the entire duration of the online availability of the content, to reproduce, represent, adapt, translate and distribute this content within the strict framework of the operation of the platform and its functionalities.

Some documents or content can be downloaded in PDF format by Users with authorized access to the platform.

Users who own the relevant records are authorized to download their content in PDF format and use it as communication or presentation materials within the framework of their professional activities.

However, any downloading, reproduction, extraction, distribution or reuse of the records by unauthorized third parties is strictly prohibited, except with the prior agreement of the publisher or the holder of the rights concerned.

9. Personal Data

The personal data collected in connection with the use of the platform has been processed by the Publisher in accordance with applicable regulations.

The data may be used in particular to ensure the operation of services, account management, content distribution, connecting Users, improving the platform and the security of services.

Some data may be processed or hosted outside the European Union by the Publisher's technical service providers. In this case, the Publisher ensures that appropriate safeguards are implemented in accordance with applicable regulations.

For more information on the processing of personal data, the User is invited to consult the privacy policy available on the platform.

10. Responsibility

The Publisher acts exclusively as a technical service provider, making available a platform enabling Users to publish, view and distribute content.

The Publisher does not guarantee the relevance, accuracy, or quality of content published by Users. The Publisher cannot be held liable for any relationships, exchanges, transactions, or interactions occurring between Users.

The platform may contain links to third-party sites or services over which the Publisher has no control.

The Publisher cannot be held responsible for the content or operation of these service levels.

The Publisher does not guarantee the absence of errors, interruptions, malfunctions or unavailability of the platform.

In any event, the Publisher's liability can only be invoked in the event of proven fault and will be limited exclusively to direct damages.

The Publisher does not intervene in any relationships, negotiations or agreements that may be concluded between Users as a result of using the platform.

11. Account suspension or deletion

The Publisher reserves the right to suspend, limit, or terminate access to any User account in the event of:

• of violation of these Terms and Conditions;
• dissemination of illegal content;
• fraudulent behavior;
• of damage to the operation or security of the platform;
• of administrative or judicial requisition.

The account may be suspended or deleted without compensation or prior notice in the event of serious misconduct.

12. Modification of the Terms and Conditions

The Publisher reserves the right to modify these Terms and Conditions at any time, in particular to take into account changes to the platform, the services offered, applicable regulations or technical constraints.

The applicable Terms and Conditions are those in effect on the date of use.