GENERAL TERMS OF USE

  Users

 

These General Terms of Use (“GToU”) are published by THERESHEGOES, a simplified joint-stock company with a share capital of €1,233.00, with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, with EU VAT number FR86828065680.

Phone: +31 628 92 85 03

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

The director of the publication is Claire PASSY.

The purpose of these GToU is to define the conditions under which Users of the Application may access and use the Services.

Users are required to validate the General Terms of Use when signing up, at which point Users are informed that the GToU remain accessible for consultation inside the Application via the “GToU” tab, as well as on the THERESHEGOES site.

These General Terms of Use govern the relations between THERESHEGOES and Users and prevail over any other document.

  1. DEFINITIONS

 "Application" means the THERESHEGOES Application enabling the rendering of the Services, available on iOs and Androïd.

 "Personal Account" means the Personal Account created by a User when signing up to the Services.

 General Terms of Use" or "GToU" means these General Terms of Use applicable to the Services provided to Users, including the Privacy Policy, and their subsequent evolutions and updates.

 “Special Terms of Use" or "SToU" means the Special Terms of Use relative to the participation in, or organization of, an Event.

 Elements" means all the elements composing the Application, namely (non-exhaustive list): software, codes, databases, texts, documentation, drawings, logos, images, graphics, and other type of content.

 "Event(s)" means events organized by Organizers by means of the Application and in which the Users are free to participate. Events may be free-of-charge or alternatively, some nature of admission fee may be charged.

 "Signing up" means the steps followed to sign up to the Services as defined in article 3 herein

 "Organizer” means a female User organizing an Event.

 Services" means the services made available to Users by THERESHEGOES by means of the Application whose features are described in more detail in article 4 of these General Terms of Use. This is a mainstream consumer online service.

 Site” means the site accessible via the url: <thereshegoeslive.com>.

 “ThereSheGoes” means THERESHEGOES, a simplified joint-stock company with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, said company making the Application and the Services available to Users.

 “User” or “Users” means females and males who support female career development, who signs up to the Services as a consumer, and who accepts these General Terms of Use, and who is therefore authorized by ThereSheGoes to access the Services in accordance with these General Terms of Use doing so as a User.

 

  1. ACCESSING THE SERVICE AND ACCEPTING THE General Terms of Use

 

Access to the Services is reserved for females and males who support female career development.

Subject to compliance with these General Terms of Use, Users are only authorized to access and use the Services for their own purposes.

Thus, the right to access and use the Services is limited, non-exclusive, non-transferable, and cannot be sub-licensed. The purpose of this right of access and use is to enable Users to avail of some or all of the Services via the Application within the framework of such access and such use, for the entire duration of use of, and subscription to, the Services.

Before a User can accessing and use the Services and all the related functionalities, she/he must sign up, doing so in accordance with the provisions of article 3 herein. Moreover, she/he must accept these General Terms of Use.

If a User does not agree to accept these General Terms of Use, then she/he must stop using the Application and its Services.

Accessing the Services requires a smart phone and an Internet connection; Users are fully and solely liable for providing and paying for their own means of access.

 

  1. SIGNING UP TO, AND ACCESSING, THE SERVICES

Only persons having the legal capacity to enter into contractual commitments pursuant to the law in force in their country of residence can sign up to the Services. Underage persons must first obtain the express authorization of their legal representative. Thus, on signing up, a User either confirms that she/he has the capacity to be legally bound by these General Terms of Use or, alternatively, that she/he has obtained the authorization of her/him legal representatives.

The information provided by the User is used to facilitate access to the Services, as well as to connect Users with similar interests.

The Signing-up procedure comprises the following steps:

  1. Users can sign up in two ways:

Either by means of the User’s Facebook account; if the User has Facebook, she/he has the option of clicking directly on the Facebook icon displaying in the Application (i.e., ThereSheGoes) when signing up. If the User does not have Facebook, she/he has the option of entering the identifiers of her Facebook account, namely her email address and her password.

In this case, the data that the User has entered in her Facebook profile is transferred to the Application. In doing so, the User is informed that the Application will never provide Facebook with any information nor data associated with the Application. Moreover, no information about any activities that she/he might carry out inside the Application nor related services will be provided to Facebook; in fact, nothing will be printed on her Facebook wall in regard to the Application.

Alternatively, by entering her email address: The User simply adds a password to her personal Account.

 

  1. Signing up (continued): 
  • Centers of interest (“I like)

 The User moves a number of sliders to indicate her degree of interest in different activities such as sport, traveling, culture, learning new things, food, networking, entrepreneurship, startups, and so on.

  • Geo-localization

 Users can agree to share their geolocalization data, so as to optimize the opportunities available via the Application in their geographical area.

 By enabling geolocalization, information can be pushed to Users about Events of potential interest to them in their vicinity.

 Enabling geolocalization also makes it possible for a User who is about to go to another place, to determine in advance, the Events taking place there that are liable to be of interest to her.

 Users are informed that they can refuse or accept geolocalization. However, it is considered that Users are aware that geolocalization enables the optimized use of the Application’s Services, in particular by suggesting nearby Events.

 For more information on collecting personal data related to geolocalization, please consult our Privacy Policy here: [●].

 

  1. Other information

 After the creation of an Account by Users or Organizers, the following information can be added to the profil of the person who uses the Application in order to optimize his/her experience of the Services.

 Personal Data

 User Photograph

  • "Where do you live?": her current city of residence;
  • "Nationality": her nationality;
  • Languages spoken »: language(s) she speaks;
  • About me»: a short presentation, including information that the User wants to provide regarding her personality and her habits;
  • Professional background.

 Lifestyle

 The User can add information about her/his recurring destinations. By adding this information, a profile is defined based on the User’s habits, and tailored events are suggested.

 

  1. DESCRIPTION OF USER SERVICES

Notwithstanding the fact that development work is ongoing on the Application, with new functionalities coming online (of which Users will naturally be informed), some of the Services currently available include:

  • A chat messaging service to contact and dialogue with other Users;
  • Meet users with similar interests thanks to the personal information provided when Signing up;
  • Participate in an Event organized by an Organizer;
  • Create an Event via the "Create" tab; the Organizer is then able to add a photograph taken from a stock of ready-made photographs, representing the Event, and can add other data: date, time, the type of User that she/he would like to invite selected from the suggestions made by the Application [determined according to affinities/centers of interest/shared interests], a description of the Event, means of contact for the Organizer, cost of admittance (or free-of-charge).
  • Keep in touch with the latest news from Organizers, doing so by clicking on the "Heart"on their profile, which will push notifications about new Events scheduled.
  • Get in touch with other Users by clicking on the "Heart"on their profile, which will enable you to contact them via the Application’s Messaging Service (each User can block another User if he/she doesn’t want that other user to be able to contact her/him).
  • Enable the Application to push information of potential interest to the User, doing so in three different ways:
    • By clicking on the "Home" tab and by geolocalization; the Application will generate all Events taking place in the vicinity of the User, doing so on the basis of the following criteria: nearest Event in terms of time/location; furthest Event in terms of time/location.
    • By searching for a particular category of Event, by adding a keyword in the search bar following a hashtag "#"; the Application will generate all Events related to this search.
    • By looking for Events in geographical areas outside of her/his own area.

 The User can receive notifications directly about Events on her/his smartphone. The User is also informed that she/he can disable reception of these notifications by changing the parameters on her/his smart phone.

 

  1. USER OBLIGATIONS

 

  1. USING THE SERVICES

The User undertakes to use the Services in accordance with the rules and conditions laid out in these General Terms of Use and, more generally, undertakes to behave in a responsible manner and not to infringe upon other Users, third parties nor ThereSheGoes.

 In particular, the User undertakes to use the functionalities as they are intended, and not to misappropriate the functionalities.

 The User further expressly undertakes not to:

  • Bring in a computer virus, worm, Trojan horse, logic bomb or any other malicious or malicious code file, program or form of code intended to damage, interrupt, suspend, destroy and or limit the functionality of any computer or telecommunication equipment ;
  • make statements that could be considered violent, defamatory, abusive, malicious, obscene, discriminatory, hateful, racist, xenophobic, anti-Semitic, apologetic of war crimes, inciting crimes, misdemeanors or terrorism, violating the safety of underage persons;
  • Impersonate another person, another User, nor a ThereSheGoes employee or representative, and not to use the Service to send or transmit any content that could harm or deceive ThereSheGoes in any way;
  • Use data-mining tools, robots or any other similar tools to collect or retrieve data about the Application and/or the Services;
  • Impede the operation of the Application and/or the Services, servers or network connections to the Application and/or the Services;
  • Violate the requirements procedures, policies or regulations relating to networks connected to the Application and/or the Services;
  • Modify, adapt, sublicense, translate, sell, reverse-engineer, decompile or disassemble any part of the Application and/or Services;
  • Attempt to gain unauthorized access to the Application/Site and/or the Services (or indeed to any part thereof);
  • Infringe, in any way, the rights of third parties (including without limitation Intellectual Property rights) or the laws and regulations in force.

 In the event of a breach by the User of any of her/his obligations set out in these General Terms of Use, ThereSheGoes reserves the right to unilaterally terminate the contract that binds ThereSheGoes to the User as set out in article 12 herein.

 

  1. ORGANIZING EVENTS

If an Organizer wants to organize or participate in an Event, she is duly informed that she is bound by the SToU, which she undertakes to consult (available here; www.thereshegoeslive.com/specialtermsofuse) and to accept if she wishes to avail of these Services.

 

  1. INTELLECTUAL PROPERTY RIGHT

The Elements are the exclusive property of ThereSheGoes or its licensors.

The Elements are protected by French and international legislation relating to intellectual property rights (copyright and trademark law in particular) and may contain trade secrets or protected confidential information.

The User hereby agrees not to remove nor delete the copyright and other intellectual property information given on the Application.

In addition, these General Terms of Use do not grant Users any rights to the trademarks, nor to the designs owned by ThereSheGoes and its licensors, nor indeed to any of the Elements of the Application.

In a general manner, any rights not expressly granted herein are expressly reserved by ThereSheGoes or its licensors.

It is expressly forbidden for the User, without the prior agreement of ThereSheGoes, to copy, modify, improve, edit, translate, decompile, create a derivative work, reverse-engineer or in any other way attempt to find the source code, sell, assign, license or otherwise transfer all or part of the Application. The User is not permitted to access the Services by any means other than via the Application that is provided by ThereSheGoes for this purpose.

Any reproduction, representation or exploitation of any nature whatsoever and for any purpose whatsoever, of all or part of the content of the Application or the Services, including, but not limited to, brands, images, logos, illustrations, photos, texts, without the prior written authorization of ThereSheGoes, constitutes acts of counterfeit to be sanctioned under civil and penal law, in addition to violating these GToU.

The User is expressly informed that she/he will not be able to download any Element; specifically, the Elements are only accessible via the Services.

 The User is and remains the owner of, or at the very least, the party in charge of the data and content which the User makes available, transmits or stores on her/his computer/smart phone/tablet by means of the Services, and within the framework of these General Terms of Use (personal data, etc.).

 

  1. WARRANTY DISCLAIMER/LIABILITY

Subject to warrantees that cannot be excluded nor limited pursuant to the law, neither ThereSheGoes nor its licensors nor its suppliers grant any warranties of any kind.

 Thus, ThereSheGoes will in no way be held liable for any direct or indirect damages that the User may suffer as a result of using, or not using, the Services including, but not limited to, the signing-up process and/or participating in an Event.

 In particular, ThereSheGoes shall not incur any liability in the event of a User having problems with another User whom she/he met through the Application, including the case where the other User posted a false profile or a false identity.

 ThereSheGoes shall not incur any liability in the event of unauthorized or fraudulent use of the Services nor in the event of loss, theft or transmission of the personal codes used to log in to the Services.

 

  1. INTERNET – MOBILE NETWORK

ThereSheGoes draws the User’s attention to the features and limitations of the Internet and, in particular, to the following:

  • Using the Internet can generate a variable cost depending on the connection modes/operators, etc. which will be borne solely by the User;
  • Any operation done on the Internet or a mobile network (including downloading, usage, viewing and transferring information) may require a certain response time;
  • Data circulating on the Internet or on the mobile network is not necessarily protected against misappropriations or viruses; therefore, the communication of passwords, confidential codes, and in a general manner, any sensitive information is considered as done by the User at the User’s own risk and peril;
  • Any data circulating on the Internet or on the mobile network may be regulated in terms of use, or may be protected by a right of ownership;
  • Accessing the Internet or the mobile network requires complying with the rules applicable in the country where the information is consulted or issued;
  • Transmitting data from France or from another country is subject to specific regulations which should be consulted whenever necessary.

ThereSheGoes recommends that Users have a fast connection to the Internet/mobile network. In any case, ThereSheGoes shall not incur any liability in the event of slow loading or downloading caused directly by the Internet or in the event of the User experiencing difficulties to gain access to the Internet/Mobile network. Likewise, ThereSheGoes is not able to guarantee the continuity of the Services executed via the Internet or the mobile network, and this is expressly acknowledged by the User.

The User hereby declares that she/he is familiar with the Internet and accepts its characteristics and limitations, and in particular its levels of technical performance and response time as regards consulting, submitting queries, making data transfers or downloading information, as well as regards the limits of Internet coverage of her/his ISP, and she/he acknowledges that it is up to her/him to take all appropriate measures to protect her/his own data and/or software from possible contamination by viruses in the data exchanged.

 Therefore, ThereSheGoes shall not incur any liability in the case of any inconveniences, obstacles or damages inherent to the use of the Internet network, including in particular any discontinuance of service, external intrusions or computer viruses, whereby any such situations shall be considered cases of force majeure.

 

  1. ACCESS TO THE SERVICES

ThereSheGoes informs the User that ThereSheGoes cannot be held responsible in the event of total or partial failure or interruption of the Services, whatever the reason, including, but not limited to, cases of force majeure.

For the purposes of these General Terms of Use, a force majeure is defined as an unforeseeable and/or unavoidable event beyond the control of ThereSheGoes, as generally defined by case law. In the event of a force majeure, ThereSheGoes shall inform the user of the consequences and shall do its utmost to limit them so that the User can reuse the Services immediately upon discontinuance of the force majeure.

  1. FINANCIAL TERMS AND CONDITIONS

The downloading and use of the Application and its Services, excluding organizing or participating in Events, are offered free-of-charge. The User is requested to consult the SToU in order to determine the conditions applicable when organizing or participating in Events.

  1. USER SUPPORT

ThereSheGoes can provide Users with technical support to resolve any difficulties encountered when using the Services.

The User can also refer to the detailed information provided by ThereSheGoes as regards the Application.

In the event of technical difficulties being encountered while using the Services, the User may contact ThereSheGoes in the related tab of the Application or by means of the Site. Whilst ThereSheGoes shall do its utmost to respond to and remedy any difficulties within a reasonable time, this shall not constitute, and cannot be interpreted as, any nature of obligation of means or result.

 

  1. DURATION AND CLOSURE OF THE SERVICES

 Once a user has signed up, it is for an indefinite period.

A User can however close her/his account at any time, by going to her/his Personal Account.

Even if a given User has closed her/his account, she/he can decide to sign up again to the Services at a later time. However, ThereSheGoes gives no guarantee that she/he will be able to retrieve any data previously uploaded to the personal Account that she/he closed.

In the event of a non-serious breach by the User of any one of her/his obligations under the General Terms of Use, or the Special Terms of Use, or the legislation in force, ThereSheGoes shall send a notification to the User by email, calling on her/him to remedy this breach. If she/he has not done so within no more than eight (8) calendar days, or if the User commits a new breach in the future, ThereSheGoes reserves the right to suspend her/his access to the Services or to immediately and automatically terminate her/his membership, notifying this by sending the concerned User an email, all without prejudice to any other rights and recourse.

In the event of a serious breach including, but not limited to (i) behavior or conduct which could be considered prejudicial to one or more other Users; (ii) a breach which cannot be remedied; (iii) a failure of a nature to cause direct or indirect prejudice to ThereSheGoes; (iv) furnishing information or making assertions contrary to applicable rules and regulations, public order or morality, or infringing the rights of third parties, ThereSheGoes reserves the right to suspend access to the Services of the User or to immediately and automatically terminate the User’s membership, notifying this by sending the concerned User an email, all without prejudice to any other rights and recourse.

In the event of membership termination, be this by the User or by ThereSheGoes, in accordance with this article, the User will no longer be able to access the Services nor her/his personal Account which shall be closed.

All warranty and liability disclaimers set out in these General Terms of Use as well as in the Special Terms of Use shall remain in force after termination of the General Terms of Use and/or following closure of the User’s account.

 

  1. PERSONAL DATA

ThereSheGoes, keen to ensure the security of Users personal data (hereafter the "Personal Data") undertakes to ensure the compliance of processing of Personal Data done by ThereSheGoes in its capacity as data controller as per the General Terms of Use, in compliance with the French Electronic Data Privacy Bill, and moreover, as of 25 May 2018, is bound by the 2016/679 Ruling of the European Parliament and Council, dated 27 April 2016.

Personal Data collected regarding the Application is the data provided voluntarily by the User when signing up or when using the Services along with, as may be applicable, Data collected automatically by the Company as part of its activity, notably by means of cookies.

Moreover, ThereSheGoes can geo-locate Users in order to provide them with information about Events in their sector. If a User decides to avail of this Service, she/he expressly agrees that her/his geolocation Data will be collected, indicating her/his acceptance by ticking a box in the privacy settings of her/his phone or at the time of use of the Application, in accordance with the provisions of article 34-1-V of the Electronic Communications and Postal Code. If a User does not wish to provide her/his geolocation Data, she/he simply refrains from ticking the aforementioned box. However, it is considered that Users are aware that geolocalization enables the optimized use of the Application’s Services, in particular by suggesting nearby Events.

ThereSheGoes collects and processes the Personal data of the User for the sole purpose of providing her with good-quality, optimized Services.

The User is informed that she/he has a constant right of access, modification, opposition and portability to her/his Personal Data. She/he can validly exercise these rights by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or by sending a land mail to the following address: 6 rue Colbert 92350, Le Plessis Robinson, France, indicating her/his identity and providing proof of her/his identity. The User is also informed that she/he can validly file a complaint with the CNIL (Commission Nationale Informatique et Libertés) if she/he considers that her/his rights have not been respected.

The ThereSheGoes Host is in Europe, located at Paris. The User is informed that the Company does not collect any "Sensitive" Data within the meaning of the legislation and regulations in force, and any Data collected is not transferred outside the European Union.

For more information, the User can consult the Privacy Policy concerning Data collected by ThereSheGoes available at: www.thereshegoeslive.com/privacy

  1. MESSAGING SERVCE

ThereSheGoes uses the API SendBird for its Chat Messaging Service.

Users using the Messaging Service on the Application agree to Sendbird’s Terms of Services https://sendbird.com/terms to the extent they are applicable to end user and in particular to its Data Privacy Policy the https://sendbird.com/privacy, in addition to ThereSheGoes’ terms of use and Privacy Policy.

 

  1. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS

ThereSheGoes reserves the right to modify the General Terms of Use at any time.

Any such changes will be notified immediately on the Application by way of an information screen displaying on the home page immediately upon login.

These changes will be immediately apparent on the Application, through information displayed on its home page visible upon login.

If the User does not agree with the modifications made to these General Terms of Use, she/he can cancel her/his membership as provided for in article 12 herein.

 

  1. COMPLETENESS OF THESE TERMS OF USE AND ASSIGNMENT

In the event of a stipulation of the General Terms of Use being held invalid or declared as such pursuant to a law or regulation or definitive decision handed down by a competent court, the other stipulations of the General Terms of Use shall retain their full force and scope.

Neither party may assign, transfer or otherwise retrocede any or all of its rights or obligations under the General Terms of Use, be this at no cost or for a fee, unless and until it has the prior written agreement of the other party. By way of exemption to the preceding, ThereSheGoes shall be free to assign, transfer or otherwise retrocede some or all of these General Terms of Use in the event of a company reorganization (including merger, takeover, total or partial contribution of assets, direct or indirect change of control).

 

  1. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms of Use are governed by French law.

Any dispute that might arise between ThereSheGoes and a User relating to the validity, interpretation or execution of these General Terms of Use or to the termination of membership is subject to the jurisdiction of the competent French courts in accordance with French law.

Most recent version of these GToU= May 6, 2019.