General Terms and Conditions (GTC) of A City for Her for the use of the services under the domain www.acityforher.com

 

Below you will find the GTC guigoverning the use of www.acityforher.com. When using the A City for Her Platform please bear in mind that www.acityforher.com is a genuine online community. By registering to use the A City for Her Platform you consent to the following GTC.

If you use A City for Her as a consumer i.e. for a purpose that is not related to commercial or freelance activity, please also see the provisions set forth in Section 14 of these GTC (Consumer’s Right to Cancellation):

  1. Scope
    1. The provisions of these GTC govern the entire legal relationship between the validly registered user (user) and A City for Her and are applicable to all services provided to the user or offered on the A City for Her Platform (A City for Her Service(s) or service(s)) and also to all of the user’s actions, contents, or other material relating to the A City for Her Platform. No conflicting terms of use or conditions of the user shall be applicable and are hereby rejected.
    2. The user enters into this agreement on the use of services with A City for Her, 15 rue Custine 75018 Paris, France. In so far as these GTC mention other users of the A City for Her Platform, these GTC shall also govern the interaction between users. However, no user shall claim rights under this agreement against other users without prior consent of A City for Her.
    3. A City for Her reserves the right to amend these GTC at any time and in accordance with the applicable laws. A City for Her shall give due notice of any amendments of these GTC to the user via the user’s email address and/or by placing a notice in the user’s personal inbox in her Membership Section on the A City for Her Platform. The amendments to the GTC shall be effective from that point in time unless the user objects within four (4) weeks after receipt of the said notice by communicating her objection.
  2. Services
    1. A City for Her provides the user with an internet platform which incorporates technical applications that allow the user to establish contact and share information with other users. This service as being made available via the A City for Her Platform includes upload, download, and posting options regarding materials and information which A City for Her, the user, or other users want to share on the A City for Her Platform (content(s)). The A City for Her online platform also provides a search tool which automatically matches similar user profiles.
    2. A City for Her does not take part in any communication between users and is not responsible for or party to any agreements that users make by communicating over A City for Her Platform. The principles set forth in this Section 2.2 shall also apply to any agreements between users and third-party service providers providing supplemental services embedded in or linked to the A City for Her Platform. Such third-party service providers are acting independently from A City for Her, and A City for Her does not accept any liability for third parties’ acts or omissions.
    3. Users who want to benefit from the services provided on A City for Her Platform have the option to register for a free membership (Basic Membership) or for a paid membership (Premium Membership). A City for Her reserves the right to upgrade registrants from the Basic Membership to a temporary Premium Membership free of charge during the beta period of A City for Her Platform or for general promotional purposes at any time thereafter. The terms of such upgrade shall be determined at the sole discretion of A City for Her.
    4. The services include offers to attend events (informal meetups, conferences, workshops, etc). The user acknowledges that these events may be established by other users of the services and accordingly, the user moderating the respective event is free to choose whether the user may attend the event. A City for Her is not responsible or liable for the participation or any action of the user or any other users, including the event moderator and event organizer.
    5. A City for Her reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration at any time and in accordance with the applicable laws. A City for Her shall give due notice of any amendments of services to the user via the user’s email address and/or by placing a notice in the user’s personal inbox in her Membership Section on the A City for Her Platform. The amendments to the Services shall be effective from that point in time unless the user objects within four (4) weeks after receipt of the said notice by communicating her objection.
    6. The user understands that it is technically impossible to offer or guarantee a 100% availability of the A City for Her Platform. A City for Her will make reasonable efforts to keep the A City for Her Platform available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond A City for Her reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.
  3. Registration
    1. To sign up for a Basic or Premium Membership users must apply for membership by completing the registration procedure on the A City for Her Platform. By completing the registration procedure, the user consents to enter into this agreement to use the services. A City for Her accepts this offer by activating the user’s membership and personal account.
    2. The user guarantees that the information submitted to A City for Her for registration is complete and truthful. The user shall not use pseudonyms or nicknames, however, A City for Her may allow exemptions at its sole discretion. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that A City for Her can establish contact at all times with the user via the contact details provided by the user in the user’s profile on the A City for Her Platform. However, A City for Her will preferably make any communication with the user via the user’s personal Membership Section on the A City for Her Platform.
    3. A City for Her reserves the right to refuse membership of any user for any or no reason. A user has no right to membership within the A City for Her community.
    4. The user hereby confirms that the user is a woman of legal age at the time of registration according to the applicable laws of France and has not already registered with A City for Her, i.e., only maintains one (1) user account.
    5. User accounts are not transferable.
    6. During registration, the user must determine a password which they will use to identify themselves to access the Platform, the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify A City for Her immediately of any unauthorized use of the user’s password or account or any other breach of security through the contact section available on each A City for Her Platform. The user promises to immediately inform A City for Her if there is any indication that the password is being used by third parties. A City for Her will not be liable for any loss or damage arising from the user’s failure to properly comply with this section.
    7. As far as the user is in breach of the provisions in this Section 3, A City for Her shall be entitled to terminate this agreement with immediate effect, to block the user’s account and/or to prevent further use of the services and the platform by the user. Any other rights of A City for Her shall remain unaffected.
  4. Prices and Payment
    1. The prices for the Premium Membership are set forth on A City for Her Platform under Membership in your personal section and shall be binding. The total amount shall be due immediately upon invoicing and can be affected by any of the debiting procedures made available by A City for Her. The user is aware of the fact and agrees that in case of online debiting procedures (i.e. payment via credit card) any data (e.g. name, credit card number, expiry date, bank details, etc.) which is necessary for the due processing of such payment will be transferred to third parties involved in the execution of the debiting procedure (e.g. op-erator of payment module, credit card acquirer, and the bank issuing the credit/debit card).
    2. The user shall at all times provide sufficient funds to allow for collection of any fees in the course of the debiting procedures designated by the user. Any costs (such as bank charges etc.) triggered by the failure to do so shall be borne by the user.
    3. A City for Her reserves the right to amend the prices for future provisions of the services. Any price amendments shall become effective one (1) month after due notice by A City for Her of the amendment via the user’s email address and/or by placing a notice in the user’s personal inbox in her Membership Section on the A City for Her Platform. The user may terminate the agreement within two (2) weeks after receipt of the said notice by sending the notice of termination through the contact section available on A City for Her Platform.
    4. The user accepts that she will receive all invoices per e-mail. A City for Her will not send a copy of the invoices by mail to the user.
  5. User’s Obligations
    1. The user shall only provide true and accurate personal, social, and professional information and shall not post on A City for Her Platform any photographs identifying the user which are older than five (5) years or on which the user cannot be clearly and plainly recognized. The user shall not use any nicknames or pseudonyms to identify herself.
    2. The user shall not use, upload, post, email, send, transmit, or otherwise make available (in particular towards other users), or have others make available on the A City for Her Platform, any contents that violate laws and statutes in any manner (illegal contents), such as, but not limited to:
      1. Contents breaching third-party rights – e.g. copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights;
      2. contents which are insulting or defamatory, regardless of whether said contents are directed at A City for Her personnel, other companies, or another user;
      3. contents and actions violating criminal law, promoting anti-constitutional organizations or displaying the insignia of such organizations; contents glorifying violence; racist, pornographic, sexist contents; contents harmful to young persons; contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation, etc.;
      4. contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, or pyramid sales);
      5. contents annoying, pestering, or harassing any other user (e.g. spam, chain letters, multi-level marketing, or multi-level network marketing);
      6. contents which include information for which the user has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);
      7. contents that contain company logos. This excludes employees of A City for Her, who may use the A City for Her logo;
      8. contents intended to disrupt, destroy, limit, or impair services on the A City for Her Platform or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc.
    3. When using such services, the user shall adhere to all A City for Her Networking, and Events Guidelines as amended from time to time. Such guidelines are available on the A City for Her Platform (see www.acityforher.com/guidelines).
    4. The user shall not
      1. send identical messages to more than one (1) user on the A City for Her Platform;
      2. disguise the origin of any communication via the services or disguise the user’s own identity while using the services in any way;
      3. disobey any requirements, procedures, policies, or regulations set up for the use of the services on A City for Her Platform by A City for Her;
      4. interfere with or disrupt the A City for Her Platform, its servers, or General Terms and Conditions of A City for Her SAS connected to A City for Her. Nor shall the user engage in acts that impair the operability of A City for Her’s infrastructure, particularly those which may overload the said infrastructure;
      5. block, overwrite, modify, or copy any contents on A City for Her Platform, unless the said actions are necessary for the proper use of the services;
      6. tag other users or send email invitations to non-users without their prior consent.
    5. In the event A City for Her has good reason to believe that the user has breached her obligations under this Section 5, the user agrees that A City for Her shall be entitled to review the user’s personal data, communication and networking, however, only to the extent as required to verify such breach.
  6. Granting Rights to Use
    1. The user grants A City for Her all rights necessary with respect to contents to fulfill the purpose of this agreement.

In particular, the user hereby grants A City for Her the royalty-free, non-exclusive, universally transferable, and fully sublicensable right:

      1. to store all contents (in particular images, videos, text, etc.) uploaded or posted during the use of the A City for Her Platform in an electronic form,
      2. knowing that the same would technically be available to other users and third parties upon demand by way of download, users and third parties would be able to make virtual or physical copies of these contents,
      3. to reproduce, disseminate, make generally available, and broadcast all uploaded contents on all platforms or other platforms and services operated by A City for Her (in particular TV, advertising, print media, radio, internet, mobile internet),
      4. to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users and third parties can access the same at any time. This includes converting the contents into other data formats. A City for Her is also granted the right to process the contents with respect to visual appearance, font, layout, scaling etc. A City for Her shall have the right to combine the contents or parts thereof with its own or third-party contents, in particular to add links to the contents or make the same available to third parties via links,
      5. to amend, shorten, block, or suspend access to, and delete any contents provided by the user.
    1. With respect to all contents described above, the user hereby waives the exercise of all moral rights as far as legally possible, in particular with respect to infringements through changes to the contents made by A City for Her or third parties.
    2. The user hereby warrants that with respect to the entire contents furnished by the user, the user is the holder of the corresponding intellectual property rights or is entitled to use and transfer rights of use (in particular for publication, reproduction, and dissemination) to the extent necessary and required under these GTC and during the course of the contents being used on the A City for Her Platform without the infringement of any third-party rights.
    3. The user hereby acknowledges the right of A City for Her to publish any photographs or film footage taken at A City for Her Events on the A City for Her Platform and/or on any platform approved by A City for Her. Should the user wish to refuse the same, the user must clearly express this wish to the photographer or cameraman at the Event. Should the user wish to have A City for Her remove a photograph already published on A City for Her Platform, the user must contact A City for Her via A City for Her Platform.

7. No Responsibility for the User’s and Third-Party Contents

  1. A City for Her shall not be liable for any contents provided by or made available by any user, including the user’s contents. In particular, A City for Her does not guarantee that any such contents are true or accurate, or that it fulfills or serves any particular purpose.
  2. If the user finds contents offensive or objectionable, or a breach of the user’s or any third-party rights, or illegal in any other way, the user shall contact A City for Her through the contact form available on A City for Her Platform. A City for Her will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the contents, or terminating accounts and/or subscriptions.
  3. The user acknowledges that the A City for Her Platform includes and provides contents provided by third-party providers as well as links to platforms of third parties (altogether third-party contents). A City for Her shall not be liable for any such third-party contents.

8.Terms of Termination, Reimbursement of Advance Payments

  1. This agreement shall remain valid and binding as long as the user uses the services. If the parties have agreed on a minimum service period for the Premium Membership the term shall be automatically renewed for a further period of the same length as the minimum service period originally agreed upon (however, as a maximum such renewal may extend to one [1] year) unless terminated according to Section 8.3. Both parties may terminate this agreement without cause according to Sections 8.2 and 8.3; both parties may terminate this agreement with cause in accordance with Section 8.5.
  2. Both parties may terminate the Basic Membership at any time without cause.
  3. Both parties may terminate without cause the Premium Membership to the end of the minimum service period as chosen by the user in the course of the registration process, or to the end of any renewal period, by giving notice before the lapse of the respective period. If the user has terminated the Premium Membership, the user is entitled to retain a Basic Membership.
  4. Any termination according to Sections 8.2 and 8.3 requires that the user sends a notice of termination by sending a respective email, fax or letter to A City for Her. The termination notice shall include the user’s registered name and an email address of the user registered on the A City for Her Platform.
  5. A party may by written notice to the other party terminate this agreement, taking into account all circumstances of the individual case and weighing the interests of either party against the other party, also considering any other adequate measures set forth in Section 8.6. On the part of A City for Her, this is the case in particular if
    1. the user, when using the service, fails to comply with any applicable statutory legal requirements or substantial contractual obligations as set forth in these GTC;
    2. there is a cause in the person of the user or in the user’s activities in relation to the A City for Her Platform which may substantially impair the reputation of the A City for Her Platform or A City for Her.
  6. In the event of a good cause in accordance with Section 8.5 and notwithstanding A City for Her’ right to terminate the agreement, A City for Her is entitled:
    1. to delete or block the contents posted by the user,
    2. to send the user a notice detailing the cause and claiming remedy of the cause, or
    3. to block the user’s access to the services.
  7. The user shall not be entitled to claim reimbursement of any advance payments made by the user if A City for Her has terminated the agreement or blocked the user’s access for good cause pursuant to Section 8.5 and 8.6.

9. Privacy & personal data

A City for Her acknowledges that any personal data provided by the user to A City for Her is extremely important to the user. A City for Her shall comply with all applicable legal provisions regarding data protection (French Data Protection Laws n°78-17 of 6th January 1978 modified by law n°2004-801 of 6th August 2004). In particular, A City for Her shall not provide or otherwise disclose any personal data of the user to any third party without consent, unless A City for Her is required by statutory applicable law to reveal the data to third parties, in particular government or regulatory bodies, or if the transfer of data is necessary for operation of debiting procedures as described in Section 4.1 above. Details on A City for Her’ handling and processing of the user’s personal data are set forth in the Privacy Policy of A City for Her for the use of the services under the domain www.acityforher.com.

The user’s personal data are processed by A City for Her in the scope of these GTC for registration on the internet platform and interaction with other users on the platform.

The user has the right of access, the right to object, the right to correct or erase personal data by making direct contact with A City for Her at the following address [hello@acityforher.com].

10. Liability of A City for Her

  1. Subject to the provisions set out in this section, A City for Her shall only be liable for any damages, irrespective of the cause of action, including tort, which (i) are caused by negligent violation of an essential contractual obligation which have to be duly fulfilled for the achievement of the contractual purpose and on which fulfillment the user can rely on under normal circumstances, or (ii) are caused by negligence or willful misconduct of A City for Her.
  2. To the extent A City for Her is held liable under the preceding paragraph, A City for Her’ liability shall be limited to those typical damages which A City for Her could reasonably foresee at the time of execution of the agreement, based on circumstances known to A City for Her at that time, provided, however, this limitation shall not apply if any damages are caused by A City for Her’ gross negligence or willful misconduct.
  3. A City for Her shall not be liable for any consequential, incidental, or indirect damages unless those damages are caused by A City for Her’ gross negligence or willful misconduct.
  4. A City for Her only provides the technical infrastructure, which is necessary for its users to communicate and to interact with other users. Each user is solely responsible for her behavior and her interaction with other users. In particular, A City for Her does not conduct a background check of its users and does not verify any statement from its users. Therefore, A City for Her shall not be liable for any user’s behavior and interaction with other users.
  5. Furthermore, A City for Her only provides the online infrastructure for A City for Her users to organize Events or to interact with each other, but does not organize such Events. These Events are solely organized by A City for Her registered users i.e. Ambassadors on a voluntary basis or Premium Members. Therefore, save as stipulated otherwise herein, under no circumstance shall A City for Her assume legal responsibility for damages related to such Events or to other interaction between its users. Nor is A City for Her legally responsible for the behavior or actions of A City for Her users or any other attendees during such Events.
  6. The Event organizers are in no way legally connected to A City for Her, and, in particular, not employees of A City for Her. The Event organizers do not represent A City for Her as vicarious agents. Thus, A City for Her does not accept any legal responsibility and liability for damages resulting from the behavior and actions of Event organizers. Nevertheless, Sections 10.1, 10.2, and 10.3 shall apply mutatis mutandis for the benefit of the Event organizers, with the addition that their liability for slight negligence shall be excluded in total. Nor are they legally responsible for the behavior or actions of A City for Her members or any other attendees during such Events.
  7. Furthermore, A City for Her only provides a support for A City for Her ambassadors to organize A City for Her Events or to interact with each other. These Events are organized by the Ambassadors on a voluntary basis. Therefore, save as stipulated otherwise herein, under no circumstance shall A City for Her assume legal responsibility for damages related to such Events or to other interaction between its users. Nor is A City for Her legally responsible for the behavior or actions of A City for Her users or any other attendees during such Events.
  8. The Ambassadors are in no way legally connected to A City for Her and, in particular, not employees of A City for Her. The Ambassadors do not represent A City for Her as vicarious agents. Thus, A City for Her does not accept any legal responsibility and liability for damages resulting from the behavior and actions of Ambassadors. Nevertheless, Sections 10.1, 10.2 and 10.3 shall apply mutatis mutandis for the benefit of the Ambassadors, with the addition that their liability for negligence shall be excluded in total. Nor are they legally responsible for the behavior or actions of A City for Her members or any other attendees during A City for Her Events.
  9. To the extent, the afore-mentioned Sections 10.1 through 10.9 provide for exemptions or limitations of liability of A City for Her, these Sections shall also apply mutatis mutandis to the benefit of A City for Her’ representatives and employees as well as its vicarious agents.

11. Indemnity

The user shall indemnify and hold A City for Her harmless and not accountable for claims for breach of third-party rights for which the user is responsible or any damage which is caused by a breach of any contractual obligations by the user. In particular, the user shall indemnify and hold A City for Her guiltless and not accountable for claims by third parties resulting from any illegal acts by the user, in particular with respect to contents provided by the user infringing third-party rights or otherwise illegal contents. In so far as such infringement of rights result in court proceedings, the user shall also bear the costs incurred by A City for Her as a result, in particular court and attorney costs.

12. Methods of Communication with the User

Unless otherwise stated in these GTC, the user shall submit all notices to A City for Her and shall communicate with A City for Her through the contact form available on A City for Her Platform. Unless otherwise stated in these GTC, A City for Her will send all notices and other communications to the user by placing a notice via the user’s personal Membership Section on the A City for Her Platform. In any event, any mandatory form requirements under statutory laws and under Section 14 shall remain unaffected.

13. Governing Law & Dispute resolution

  1. If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by French law. The same consequence shall apply to unintended gaps within these GTC.
  2. The place of performance under these GTC shall be A City for Her’ main place of business i.e. France.

14. These GTC and the contractual relationship shall be governed and construed by French Law

Any dispute that may arise between the Parties can be submitted to the Consumer litigation Mediator Mrs. Jennifer Flutre of “centre de mediation cyber-services Medicys” – www.medicys.fr – 73 boulevard de Clichy, 75 009 Paris – contact@medicys.fr.

Otherwise, the Parties agree to submit any dispute, in connection with this Agreement, to the French courts.

15. Consumer’s Right to Cancellation

  1. If a user uses the services for a purpose that is not related to her professional activity, the following provisions shall apply to Consumers, construe under the French Consumer Code:

Right to Cancellation and Exercise of Such Right

In accordance with article L221-18 and following of the French Consumer Code the user may cancel the contract for her registration for the Basic or Premium Membership within fourteen (14) days without stating a reason. The fourteen days period starts with the day of entering into contract, i.e. her registration for the Basic or Premium Membership.

Furthermore, the user is entitled to cancel the contract on her registration for the Premium Membership within fourteen (14) days without stating a reason, after changing from Basic Membership to Premium Membership. In this case, the fourteen days period starts with the day of entering into contract on the Premium Membership (Upgrade), i.e. the change of the membership.

In order to exercise the cancellation right, the user must inform

A CITY FOR HER
15 rue Custine
75018 Paris
Email: hello@acityforher.com

with a clear statement (e.g. by mail, email or through the contact form available on A City for Her Platform) on her decision to cancel the contract. The user can use the template below which, however, is not mandatory. In order to meet the fourteen days cancellation period, it will be sufficient to send out the cancellation notice within the two weeks period.

Template for the Cancellation Notice

A CITY FOR HER
15 rue Custine
75018 Paris
Email: hello@acityforher.com

Herewith I/we cancel (*) the contract on /the provision of the following services (*)
provided on (*)
Name of consumer(s)
Address of consumer(s)
Selected user name of consumer’s online profile
Signature of the consumer(s) (in case notice is made through paper)
Date

Consequences of Cancellation

If the user cancels the contract in line with this Section, A City for Her shall immediately return all payments received from the user, including the delivery expenses when applicable (except for those costs which are based on your decision to select a delivery method deviating from our offered standard delivery), but at the latest within 14 days following receipt of your cancellation A City for Her will use the same payment method which the user used to purchase the services under the cancelled contract save as otherwise agreed with the user; in no event A City for Her will claim any fees for the return of payment.

If the user requested that the service performance by A City for Her should already start during the fourteen days cancellation period, the user shall pay a reasonable amount which shall adequately reflect the part of the services which have been performed until the cancellation, by taking the entire scope of the originally purchased services into account.

2. The above provisions only apply to initial subscriptions and not to renewals of ongoing memberships (Renewal).

The user’s right of termination under Section 8 shall not be affected by the user’s cancellation right under this Section 14.

16. Content Disclaimer

To the best of our knowledge, all information in articles on A City for Her Platform is accurate and up-to-date at the time of publication. However, the A City for Her editorial staff makes no claim that the information contained in these articles is complete, nor do we give any guarantee whatsoever on the accuracy of the content. While all our articles are reviewed regularly, some of the information might have changed since the time of publication or the last review.

The articles are neither legal advice in any way, nor can they replace the knowledgeable opinion of lawyers or other professionals in the various fields discussed in the articles.

Please note that A City for Her is not responsible for the accuracy of and opinions expressed in member-contributed articles.

We cannot be held responsible if the user’s own experiences differ from what is presented in the articles.

 

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