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CGU - Legal Notice

CGU

 

These general conditions of use and its annexes (hereinafter the “General Conditions”) constitute rules of use of the crowdfunding website accessible at the addresshttps://www.mothechandeniersinvest.com/ (hereinafter the “Site”).

 

Browsing and using the features of the Site imply the full acceptance of Visitors/Members and their commitment to respect them in their entirety.

 

These General Conditions are permanently available on the Site and remain the exclusive property of the company SAS Château de la Mothe Chandeniers. Simplified joint stock company with capital of xx euros, whose head office is located at 4 Route de Roiffé, les Trois Moutiers, 86120, registered in the Paris trade and companies register under number 835113820, whose intra-community VAT number is FR22 877744532, SAS Château de la Mothe Chandeniers is registered with ORIAS as a Participatory Financing Intermediary and Participatory Investment Advisor under number: 20000598 and regulated by the Financial Markets Authority (AMF).

 

It is expressly agreed that acceptance of these General Conditions by Members includes acceptance by the latter of the appendix to said General Conditions.


HeEast also expressly agreed that the acceptance of these General Conditions by the Members includes the acceptance by the latter of the annex to the said General Conditions, which sets out the general conditions of use relating to the use of electronic money and the service of “Stripe” payment made available on the Site by the company Stripe, it being specified that the latter holds a European electronic money establishment license (hereinafter the “Stripe CGU”). provisions of these General Conditions would conflict with the Stripe T&Cs, it is agreed that the provisions of these General Conditions will prevail.

 

In the event that the provisions of these General Conditions come into conflict with the Stripe T&Cs, it is agreed that the provisions of these General Conditions will prevail.


 

1. DEFINITIONS AND INTERPRETATIONS

1.1 Definitions

 

In cases where they are written with a capital first letter, and unless expressly stated otherwise, the following terms will have the meaning indicated below:

 

“Association” means any endowment fund, foundation or non-profit association subject to the law of July 1, 1901.

 

“Advantages” means the advantage(s) possibly offered, on a case-by-case basis, to Donors by the Project Leader.

 

“Bank” means any credit institution approved in a member country of the European Economic Area, which the Issuer may replace in the future.

 

“Beneficiary” means a user to whose benefit Electronic Money is transferred as part of a Payment Transaction.

 

“Campaign” means the campaign types governing the Fundraising Period and defining a Campaign Objective.

 

“Strict Campaign” means the Campaign under which the Project Leader must achieve the Fund Raising Objective to carry out the Project. Projects financed through Subscriptions are always subject to a Strict Campaign.

 

“Flexible Campaign” means the Campaign under which the Project Owner must achieve a Campaign Objective sufficient to complete at least the first Lot of the Project.

 

“General Conditions” means these general conditions of use of the Site.

 

“Donor” designates a Member participating financially in one or more Projects, offered on the Site, by making one or more Donations.

 

“Intellectual Property Rights” means all intellectual property rights linked to the Services offered by the Company and to the Company's Site, in particular, without this list being exhaustive, copyright, neighboring rights of performing artists and phonographic and video graphic producers, trademark law, patents, trade names (including domain names), rights to all models, rights to all databases, know-how, registered or not or capable of being registered or no and subsisting in every part of the world.

 

“Donation” means any sum of money collected by the Project Leader through the intermediation of the Site from Donors with a view to financing one or more Projects offered on the Site.

 

“Personal Data” means all personal data collected from Members holding a Personal Space on the Site.

 

“User” designates indifferently a Donor or an Investor who supports one or more Projects offered on the Site by a Project Owner by participating in its/their financing by making one or more Donations or Subscriptions.

 

“Identification elements” means the username and password allowing the Member to connect to their Personal Space created when registering on the Site.

 

“Company” means any legal entity under public or private law (other than an Association).

 

“Personal Space” means the personal account of each Member including the user name and password chosen and the personal space made available to each Member on the Site in order to allow the Project Owner to present their Projects, and the User, to consult and modify their own personal information and to make Donations intended to finance the Project(s) of their choice.

 

“Service Fees” means the sums paid, in accordance with article 8 of these General Conditions, by the Project Owner to the Company in remuneration for the Services carried out by the Company.

 

“Force Majeure” means any event that is reasonably unforeseeable and insurmountable for the Company making it impossible or significantly more expensive to perform the Services offered on the Site. The following events are considered in particular as cases of Force Majeure, without this list being exhaustive: natural disasters, bad weather, floods, fires, earthquakes, strikes, breakdowns, blockages, failures or interruptions of installations or telecommunications networks, sabotage, the introduction of new regulations prohibiting or making significantly more onerous the provision of the Services offered by the Company on the Site, interventions by civil or military authorities, acts of war, declared or undeclared hostilities, terrorist acts or riots, public disturbances, acts or omissions of the government or competent authorities.

 

“Investor” means a Member participating financially in one or more Projects, offered on the Site, by carrying out one or more Investments.

 

“Investment” means any sum of money paid by an Investor, through the intermediation of the Site, to Project Holders in return for Securities with a view to participating in the financing of one or more Projects offered on the Site.

 

“Business Day” means a day, with the exception of Saturdays, Sundays and public holidays in mainland France.

 

“Stripe” designates the API programming interface “Application Programming Interface” made available to SAS Château de la Mothe Chandeniers by the Issuer for the purposes of implementing a payment functionality on the Site by issuing Electronic Money.

 

“Subscription” – designates the act by which the Investor subscribes to a defined number of Securities within a target company as part of a Project offered on the Site and in return for payment of a subscription price equal to the unit price of the Securities, as indicated in the Project description, multiplied by the number of Securities subscribed.

 

“Electronic Money” means the monetary value stored in electronic form on the Issuer’s server and representing a claim of the User on the latter. Electronic Money is issued by the Issuer against the remittance of the corresponding funds by the User.

 

“Member” means any Individual, Company, Association registered on the Site, as a Project Leader and/or User after having accepted the General Conditions in their entirety in accordance with article 3 of the General Conditions.

 

“Campaign Objective” means the minimum total amount of Donations that must actually be collected by the Project Leader to receive Donations, in accordance with the type of Campaign: Strict Campaign or Flexible Campaign.

 

“Fund Raising Objective” designates the maximum total amount of Donations and/or Subscriptions sought by the Project Leader, via the Site, for the overall completion of a Project.

 

“Lot” means any identified part of a Project whose implementation can be fully financed thanks to the Campaign Objective assigned to it, although the Fund Raising Objective has not been achieved.

 

“Individual” means any natural person aged at least 18 years on the date of registration on the Site enjoying full legal capacity under the law applicable to them.

 

“Fund Raising Period” means the period during which Users can make Donations or Subscriptions through the Site for the purpose of enabling the Project Leader to achieve the Fund Raising Objective necessary to achieve its Project.

 

“Project Owner” means any Member who presents and promotes one or more Projects on the Site for the purpose of collecting from Users, through the Site, the Donations or Subscriptions necessary to finance one or more Projects.

 

“Co-Project Holder” means any Member who presents and promotes, within the framework of a tripartite agreement with a Project Holder, one or more Projects on the Site for the purpose of collecting from Users, through the intermediation of the Site , Donations or Subscriptions necessary to finance one or more Projects.

 

“Project” means any for-profit or non-profit initiative carried out by a Project Owner and published on the Site in accordance with the General Conditions.

 

“Risk Questionnaire” means the standard model of warnings and questions relating to the risks inherent in the Subscriptions proposed by the Project Leaders and which any Member must respond to access the details of the Projects for which financing by means of Subscription is propose.

 

“Services” means all the services offered by the Company and in particular (i) the publication, presentation and promotion on the Site of the Projects carried out by the Project Leaders (ii) the collection, through the intermediation of the Site, of Donations and Subscriptions made by Users wishing to support the realization of Projects presented by Project Leaders on the Site, by participating in their financing, (iii) intermediation between Project Leaders and Users via the Company's Website.

 

“Site” refers to the participatory financing or crowdfunding site - exclusive property of the Company - allowing Project Leaders to publish, present and promote their Projects and for Users to participate in the financing of a Project. by making Donations or Subscriptions through the Site.

 

“Company” means the company SAS Château de la Mothe Chandeniers, a simplified joint stock company with capital of 5,549.45  euros, whose head office is located at 4 Route de Roiffé, Les Trois Moutiers, 86120, registered in the Paris trade and companies register under number 835113820

.

“Adequacy Test”: form that must be completed by any Member wishing to access the details of the Projects for which financing by Subscription is proposed and make a Subscription. This test includes a questionnaire on their personal situation, their investment objectives and knowledge.

“Security” designates the shares or shares offered for Subscription within a target company, as mentioned in the Project description, by a Project Holder with a view to participating in the financing of their Project.

 

“Visitor” means any person who goes to the Site to consult the content and information published there without being registered there or prior to registering on the Site as a Member.


 

2. SCOPE / PURPOSE

2.1. Scope

 

These General Conditions apply to all Services offered by the Company on the Site, unless otherwise stipulated. They take precedence over any other document and general or specific conditions, except with the prior written agreement of the Company.

 

These General Conditions are applicable from their publication on the Site. The Company reserves the right to unilaterally modify the General Conditions, and in particular to modify the nature and conditions of the Services offered through the Site. The Company will then inform the Members, by any means, that one or more modifications of the General Conditions will come into force within a reasonable period of time and it will be up to the Members to consult and accept the new version of the General Conditions on the Site, when their next use of the Services on the Site.

 

Unless expressly provided otherwise, any new Service offered by the Company on the Site or any modification of one or more characteristics of an existing Service offered on the Site are subject to the General Conditions.

2.2. Purpose of the General Conditions

 

The purpose of these General Conditions is to define the terms and conditions of provision, access and use of the Services on the Site by the Company for the purposes of allowing, in particular:

 

(i) for Project Leaders to publish, present and promote on the Site their Projects previously selected by the Company;

 

(ii) the collection, through the Site, of Donations or Subscriptions made by Users wishing to support the realization of said Projects presented by the Project Leaders on the Site, by participating in their financing;

 

(iii) intermediation between Project Leaders and Users via the Website.

 

3. CONSULTATION AND ACCEPTANCE OF THE GENERAL CONDITIONS

 

Prior to validating their registration on the Site, the Member must accept these General Conditions by checking the box “I acknowledge having read these General Conditions and accept all the terms as well as the T&Cs of Stripe and accept all the terms ".

 

Likewise, prior to making a Donation, a Subscription as well as each new publication of a Project on the Site and more generally to the use of the Services offered on the Site, the Member must once again consult these General Conditions and accept all the terms by checking the box “I acknowledge having read these General Conditions and accept all the terms.”

 

4. REGISTRATION CONDITIONS / SPONSORSHIP

4.1. Registration on the Site – Identification Elements – Creation of the Personal Space

 

If the Visitor wishes to register on the Site and thus become a Member, he must complete all of the mandatory fields appearing in the registration form available on the Site or connect via his Facebook or Google+ account, and accept these Conditions General in accordance with article 3 hereof. To be able to register, the Member must, if he is a natural person, be of legal age and have the capacity to contract and if he is a legal entity or an Association, have all the powers necessary for the purposes of this registration. When registering, the Member undertakes to provide accurate and truthful data. In the event of modification of the information communicated by the Member at the time of registration, he undertakes to inform the Company and to make any required modifications to his Personal Space.

 

In order to have access to the details of the Projects for which financing by means of Subscription is proposed, the Member must also complete and accept the Risk Questionnaire, allowing him to become aware of the general risks inherent in the Subscriptions proposed, complete the Risk Test adequacy and communicate to the Company the documents and information requested within the framework of the regulations applicable to the fight against money laundering. Failing to meet its obligations in this respect, to complete and accept the Risk Questionnaire or in the event of a blocking response to the Adequacy Test, the Member will not be able to have access to the details of the Projects for which financing by Subscription route is offered and will also not be able to subscribe to the Securities offered in this context.

 

Once the registration conditions have been met in accordance with this article, the Member has an identifier (“login”) and a password which are strictly personal and confidential and which will allow him to connect to his Personal Space.

 

The Member is solely responsible for the conservation and use of his Identification Elements and undertakes to take all useful measures to keep his identifier and password confidential and not to disclose them to any person. either. If the Member suspects any fraudulent use of his Identification Elements or his Personal Space, he must immediately notify the Company by sending an e-mail to contact@mothe-chandeniers.com In the event of loss or theft of his Identification elements, the Member must immediately modify them according to the procedure provided on the Site.

 

In any case, the Member is responsible for the use of his Identification Elements and/or his Personal Space by third parties and for the actions / declarations made by third parties on his Personal Space, whether fraudulent or no, and guarantees the Company against all requests, claims, actions or disputes in this regard and in particular the consequences resulting from the usurpation by a third party of its identity.

 

Registration and creation of the Personal Space on the Site will allow the Member to access the Site, for the purposes of using the Services offered there and in particular:

 

(i) The User may, under the terms and conditions provided for in the General Conditions, make Donations or Subscriptions for the purpose of participating in the financing of one or more Projects proposed by the Project Leaders on the Site;

 

(ii) The Project Owner may, in the terms and under the conditions provided for in these General Conditions and in particular subject to the acceptance of the Company as provided for in article 7 hereof, publish Projects on the Site.

 

In the event of dissemination by a Member of their Identification Elements or use by a Member of their Personal Space, their Identification Elements or more generally of the Site, in a manner contrary to their intended purpose, in a fraudulent manner or in violation of these General Conditions, the Company will be free to close, without delay, the Personal Space of this Member.

 

4.2. Sponsorship

 

If the Member wishes to sponsor a third party, he undertakes to have previously obtained from this third party his express consent to the transmission to the Company of the latter's electronic contact details and to the punctual processing of the personal data of this third party by the Company. The contact details of this third party will only be used by the Company to send them, at the initiative of the Member who provided the Company their contact details, a single electronic message informing them about the Company and the Services offered on the Site.

 

The provision of electronic contact details of the third party will be made under the exclusive responsibility of the Member who guarantees the Company against any requests, claims, actions or disputes in this regard.

 

However, in accordance with French legislation, the Company undertakes to obtain the consent of the third party for any subsequent commercial communication.

 

5. PROTECTION OF PERSONAL DATA

 

The processing of Personal Data resulting from the operation of the Site by the Company is carried out in accordance with the law relating to data processing, files and freedoms n°78-17 of January 6, 1978 as amended and in accordance with the regulation (EU ) 2016/679 of the Parliament and of the Council of April 27, 2016.

 

The Company is responsible for the processing of Personal Data implemented from the Site, under the conditions described below.

5.1. Personal Data of Members

5.1.1. Collection of Personal Data by the Company

 

Simply visiting the Site does not require the collection of Personal Data

 

Conversely, any subscription to the newsletter or opening of a Personal Space on the Site gives rise to the collection of Personal Data, it being specified that the opening of a Personal Space is strictly necessary to have access to all Services offered by the Site.

 

Any person wishing to become a Member on the Site must complete a detailed registration form as provided for this purpose, provide a valid email address and confirm their consent to these General Conditions and the Stripe T&Cs. As such, the Member undertakes to provide accurate, complete and current information to the Company. In the event of violation of this commitment, the Company may close the Member's Personal Space in accordance with the provisions of article 9.


 

5.1.3. Use of Personal Data by the Company

 

The Company processes Personal Data in order to be able to:

 

(i) send information in connection with the publication of the Company's Projects and news messages;

 

(ii) administer Member profiles through Personal Spaces;

 

(iii) provide access to all of the Services, in compliance with its legal and regulatory obligations as well as the rules of good conduct applicable to it, before, during, and after the provision of the Services, in particular in its capacity as Participatory Investment Advisor.

 

(iv) carry out operations relating to the promotion of the Projects, including the management of technical prospecting operations (which includes in particular technical operations such as standardization, enrichment and deduplication) in compliance with the provisions in force;

 

(v) ensure the management of the opinions of Members and Visitors communicated on the Site and develop the statistics necessary to improve the Services;

 

(vi) organize competitions, lotteries or any promotional operation, excluding online gambling and games of chance subject to approval by the Online Gaming Regulatory Authority;

 

(vii) ensure the management of requests for rights of access, rectification and opposition in accordance with these General Conditions.

 

5.1.4. Retention of Personal Data

 

Personal Data is kept by the Company for the entire duration of effective use of the Services by the Member and, where applicable, for a maximum period of 3 years from the Member's last connection to their Personal Space.

 

At the end of this 3-year period, the Company may contact the Member again to find out if they wish to keep their Personal Space and continue to receive information related to the publication of Projects and news messages from the Company. . In the absence of a positive and explicit response from the Member, their Personal Data will be deleted or archived in accordance with the provisions in force.

 

5.1.5. Recipients of Personal Data

 

The Company, as data controller, is the recipient of the Personal Data, in accordance with the provisions of these General Conditions.

 

Within the limits of their respective attributions, may have access to all or part of the Personal Data:

 

(i) the services of the Company in charge of developing the Site, providing and promoting the Services;

 

(ii) the Company's services responsible for control (auditor, services responsible for internal control procedures, etc.);

 

(iii) the Company's subcontractors responsible for providing technical services related to the administration, maintenance and hosting of the Site, in compliance with the provisions of the Data Protection Act;

 

(iv) organizations, justice officers and ministerial officers.

 

In accordance with the provisions of these General Conditions, the Project Leader may obtain communication of the identity and contact details of the Users within the limits of what is strictly necessary for the completion of the Project.

 

The Company informs the Member that their Personal Data is also subject to separate processing by the company Stripe Payments Europe, Ltd. as part of the provision of the Stripe service, and in accordance with the Stripe T&Cs.

 

5.1.6. Confidentiality and security of Personal Data

 

The Company, responsible for processing Personal Data, undertakes to make its best efforts, by taking all appropriate measures, to preserve the confidentiality and security of Personal Data, and to protect them against any loss, misappropriation, unauthorized disclosure, alteration or destruction.

 

The Personal Space of each Member is only accessible through the use of Identification Elements so that only the Member has access to the Personal Data appearing on their profile. The Member may nevertheless decide to make all or part of the Personal Data concerning him or her public on the Site as part of his or her exchanges with other Members.

 

The Company reminds that the password is personal and confidential, the Member being solely responsible for its use and communication to third parties. The Member is therefore solely responsible for the use he makes of his Personal Space.

 

For all purposes, the Company recommends that the Member log out of their Personal Space and close their browser window at the end of their session on the Site.

 

5.1.7. Access and modification of Personal Data

 

In accordance with the “Informatique et Libertés” law of January 6, 1978 as amended by the law of August 6, 2004, the Member benefits from a right of access, modification and deletion of the processing of Personal Data concerning him by sending a request to the following email address and provide proof of identity:contact@mothe-chandeniers.com

 

Furthermore, the Member can go to his Personal Space at any time, using his Identification Elements, to update the Personal Data concerning him.

 

5.2. Cookies

 

A "cookie" is a block of data sent to your browser by a web server and stored on the hard drive of the computer/terminal. As part of the operation of the Site, the Company may be required to install one or more cookies on the Visitor/Member's computer. A cookie alone does not allow identification and does not contain any private information. However, it may record information relating to the navigation of the Visitor/Member's computer on the Site (language and/or country of residence of the Visitor/Member, pages consulted, date and time of consultation, etc.) that the Company may use it during subsequent visits to the Site, in particular to recognize the terminal used by the Visitor/Member.

 

The Company informs the Visitor/Member that it uses social network and audience measurement cookies. The Visitor/Member has the possibility, from his first visit to the Site, to accept or oppose the recording of cookies on the hard drive of his computer/terminal.

 

In accordance with current legislation and the recommendations of the Commission Informatique et Libertés, the retention period of these cookies cannot exceed 13 months after the first deposit on the Visitor/Member's terminal.

 

The Company informs the Visitor/Member that he can also oppose the recording of purely technical cookies by configuring his internet browser. However, navigation on the Site and access to certain Services could be impaired or even impossible.

 

For any information on how to configure internet browsers, the Member/Visitor can consult the help menu of their browser, in particular, with regard to the most used browsers, from the following links:

For Internet Explorer:http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies;

 

For Safari:http://www.apple.com/legal/privacy/fr-ww/cookies/;

 

For Chrome:https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en;

 

For Firefox:http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies;

 

For Opera:http://help.opera.com/Windows/10.20/fr/cookies.html

 

5.3 Social media plug-ins

 

In order to facilitate the sharing of content on the Internet network and to ensure better promotion of the Projects appearing on the Site, the Member has the possibility of connecting to the Site using his Facebook and Google + identifiers and of sharing Projects on social networks.

 

On this occasion, the Company has no control over the processing of Personal Data carried out by the editors of the various social network platforms, who remain solely responsible for their own processing. The Company therefore invites Visitors/Members to first consult the general conditions of use of said social network platform publishers if they wish to use the plug-ins to access the Site and/or share Projects from the Site.

6. INTELLECTUAL PROPERTY RIGHTS

 

The Site is the exclusive property of the Company.

 

The Company is the sole holder of the domain namehttps://www.mothechandeniersinvest.com/

 

The Company is the owner and operator of the Intellectual Property Rights relating to the Site, including the algorithms, databases, tree structure, textual, graphic and video content making up the interfaces of the Site (excluding content published by Members). , and more broadly of all writing and computer codes implemented on the Site.

 

Intellectual Property Rights are protected by laws relating to intellectual property rights, the protection of databases and by any other applicable law in force in France, as well as by any European or international treaty to which France is a party. .

 

Within the limits authorized by law, it is prohibited to modify, copy, distribute, distribute, use all or part of the Site or any Intellectual Property Rights relating to it, or use without authorization any logo or brand reproduced on the Site. No document published on the Site by the Company may be interpreted as granting an express or tacit license to the Visitor/Member on any of the Intellectual Property Rights.

 

The Visitor/Member is prohibited from using metadata or any other “hidden text” including the brand “SAS CHÂTEAU DE LA MOTHE CHANDENIERS” without having expressly obtained express, written and prior authorization from the Company.

 

The right of reproduction granted to the Visitor/Member includes only representation on a single-station screen and is strictly reserved for private use.

 

Any unauthorized use of any of the Intellectual Property Rights may result in the liability of the Visitor/Member.

 

The Company authorizes the insertion of hypertext links pointing to the Site from third-party websites provided that: (i) all of the pages of the Site are accessible by opening a navigation window distinct and independent from those making accessible on the pages of third-party websites, (ii) the content of third-party websites does not present any illicit nature or is contrary to good morals, (ii) no mention or comment suggests or claims affiliations or partnerships with the Company, in the absence of a specific contractual agreement.

 

Any Member undertakes not to “resell” or make available to a third party and/or other Members, for a fee and/or free of charge, access to the Site and the Services; it is prohibited to publish any advertising, promotion or sponsorship message remunerating the Visitor and/or the Member in any form whatsoever.

 

Each Visitor has, in general, the obligations of (i) respecting the laws and regulations in force, (ii) behaving fairly towards the Company and other Visitors, (iii) respecting Property Rights Intellectual property rights relating to the information, content, Services provided by the Company and more generally relating to the Site as well as the intellectual property rights relating to the content, information, Projects of other Members. Each Member also has the obligation to (i) only communicate accurate and faithful data relating to their marital status and personal contact details, and (ii) not to make any commitment for a third party.

 

7. SUBMISSION, PRESENTATION, PROMOTION AND REALIZATION OF PROJECTS

7.1 Submission of the Project to the Company and Presentation of the Project

7.1.1. Submission of the Project by the Project Leader to the Company

 

The Project Owner who wishes to promote and finance, with the support of Users, one or more Projects, submits to the Company a presentation detailing:

- his activity ;

- the nature, objectives, main characteristics and progress of the Project(s),

- the Fundraising Objective and the type of fundraising desired (Subscriptions or Donations)

- the Fundraising Period.

 

When the Project Leader wishes to promote and finance, with the support of Users, a Project through Donations, he also transmits to the Company the type of Campaign desired (among the following choices: Strict Campaign or Flexible Campaign), the possible division of the Project into Batches, and the possible Advantages offered to Users.

 

When the Project Owner wishes to promote and finance, with the support of Users, a project through Subscriptions, it also transmits, to the Company, the main characteristics of the Subscriptions envisaged (titles offered, numbers and unit price) as well as the following elements:

- an organization chart of the management team and shareholders of the company whose Securities are intended to be offered for Subscription.

- a copy of the latest existing accounts and the forecast of the company whose Securities are intended to be offered for Subscription;

- information on the level of participation to which the managers of the company of the Project Owner whose Securities are offered for Subscription have themselves committed;

- information on all the rights attached to the Securities offered as part of the proposed collection of Subscriptions (voting rights, financial rights and information rights);

- information on all rights (voting rights, financial rights and information rights) attached to the Securities and categories of securities not offered as part of the proposed collection of Subscriptions as well as the categories of beneficiaries of these Securities;

- a description of the provisions appearing in the statutes or an agreement and organizing the liquidity of the securities or express confirmation that such provisions do not exist

- a copy of the statutes and, where applicable, the partners' agreement of the company of the Project Owner whose Securities are intended to be offered for Subscription;

- a description of the conditions under which copies of the entries in the investors' individual accounts in the issuer's books, materializing ownership of their investment, will be delivered;

- a description of the risks specific to the activity and the Project of the Project Leader

- a copy of the reports of the corporate bodies for the attention of the general meetings of the last financial year and the current financial year as well as, where applicable, a copy of the report(s) of the auditor(s) (s) to the accounts carried out during the last financial year and the current financial year;

 

The Project Leader is solely responsible for the complete, accurate and sincere nature of the information provided. He guarantees that the information and documents he communicates to the Company are accurate, sincere and consistent with reality. He undertakes to immediately inform the Company in the event of a modification of the information and documents communicated before acceptance of his Project and, in the event of acceptance, during the Fundraising Period.

 

Only Projects previously accepted in writing by the Company and accompanied by all the elements referred to in this article may be presented on the Site and be the subject of Donations or Subscriptions. From the date of written communication of the above-mentioned information and documents, the Company may either:

- agree to the publication on the Site of a Project proposed by the Project Leader,

- notify the Project Owner of: (a) a pure and simple refusal without having to justify its decision, or (b) a request to modify one or other of the parameters of the Project or the Lots envisaged, including a modification of the type of Campaign and/or collection desired taking into account the description of the Project.



 

The Company has a discretionary right to refuse a Project and is not required to provide reasons for its refusal to publish a Project on the Site. It cannot therefore incur the slightest responsibility for this fact.

 

7.1.2. Publication / Presentation of Projects on the Site

 

It is up to the Project Owner, who wishes to publish a Project on the Site, to ensure that:

- He has all the necessary rights to publish the Project on the Site;

- The Project or its presentation on the Site does not contain inaccurate or misleading information and is not likely to mislead Visitors / other Members;

- The Project or its presentation complies with all legal or regulatory provisions in force and in particular that the Project or its presentation is not likely to harm, without this list being exhaustive, human dignity or life privacy of a person, public order, good morals, the rights of the Company, or more generally of any Member or third party.

The Project or its presentation does not constitute an illegal activity.

 

The Project Leader is entirely and exclusively responsible for the publication / presentation of the Project on the Site and the consequences that could result therefrom. The Project Owner therefore guarantees the Company against any request, action, dispute or recourse which could be brought against it due to the presentation on the Site of a Project.

 

The Project Leader is prohibited from presenting/publishing his Projects or any project that is similar to this Project on other crowdfunding or Crowdfunding sites.

 

7.1.3. Conditions for modifying Projects

 

In principle, once posted online on the Site, the Project can no longer be modified except under the following terms and conditions:

 

(i) Modification of the Project during the Fundraising Period:

 

During the Fundraising Period, the Project Leader who wishes to make one or more modifications to his Project must first inform the Company, which must accept it under the same conditions as the Project itself.

 

Modification of the Project during the Fundraising Period does not entitle you to the   User to cancel the Donation or Subscription previously made, except in legal cases or in the event of a substantial modification of the Project. If applicable, the User is reimbursed in accordance with the procedure provided for in article 8 of the General Conditions.

 

The Project Leader is exclusively responsible towards Users, Visitors and all third parties for the consequences that could result from one or more modifications made to the Projects, during the Fund Raising Period and in particular for the execution of its obligation to refund. No claim may be made to the Company in this respect, it being specified that in any event, the Project Owner undertakes to guarantee and indemnify the Company against any request, dispute, recourse or action in this regard.

 

(ii) Modification of the Project at the end of the Fundraising Period

 

At the end of the Fundraising Period, and during the implementation of the Project, the Project Leader undertakes to make modifications only to Projects financed by Donations and only to increase the Raising Objective Funds or modify the Benefits made available to Users. It is up to the Project Leader, where applicable, to notify the Donors by any means it deems appropriate.

 

Whatever the purpose and nature of the modification(s) made at the end of the Fund Collection Period, the Project Leader is exclusively responsible towards Users and any third parties for the consequences that could lead to modification(s) made to the Projects, subsequent to the end of the Fundraising Period. No claim may be made to the Company in this respect, it being specified that in any event, the Project Owner undertakes to guarantee and indemnify the Company against any request, dispute, recourse or action in this regard.

 

7.1.4 Suspension and interruption of Services

 

Without this creating an obligation for it to verify the content, accuracy and consistency of the content, the Company has the right to refuse, in accordance with press and publication practices, the inclusion of a Project.

 

The Company is free to delete or modify, before or after its distribution, any content on the Site which is not related to the normally expected content, the editorial line of the Site or disrespectful of the laws and regulations in force.

 

To this end, the Company has the right to carry out electronic surveillance to identify contentious content and to take sanctions against its author, in particular exclusion.

 

The Company reserves the right to suspend or limit access to the services subscribed to by the Member/Visitor after having informed the interested party by any means in the event of non-performance by the Member/Visitor of one of its obligations provided for in the title of these General Conditions of Use.

 

Thus, without prejudice to the provisions of Article 13 “Termination”, in the event of failure by a Member/Visitor to fulfill any of its obligations, the Company reserves the right to block any Project or content of the Member/Visitor concerned. , to delete contentious messages or content whatever their nature, to prevent the publication of all or part of the Project, and/or to block access to all or part of the Services, temporarily or permanently, without compensation or reimbursement and without prejudice to any recourse that may be exercised against the Member/Visitor.

 

In the event of suspension and whatever the cause, the Company reserves the right, in compliance with the legal and regulatory provisions applicable to it, not to reimburse, as a penalty clause, all or part of the amounts credited. and that it considers necessary to repair the damage, whatever its nature, that it may have suffered.

 

8.1.1. Payment of Donations and Subscriptions via Stripe

 

The Company has also entrusted the management of the payment of Donations and Subscriptions by Users to the Company Stripe Payments Europe, Ltd, through the use of the Stripe service, in order to ensure its Members the security and traceability of financial transactions in accordance with to current regulations.

 

The company Stripe Payments Europe, Ltd is responsible for the processing of Personal Data relating to the use of the Stripe service and responsible for processing transactions.

 

Payment for Donations and Subscriptions by Users is made using an electronic wallet opened with the company Stripe Payments Europe, Ltd.

 

Registering on the Site and opening a Personal Space allows the Member to access a personal account on the Stripe service with the company Stripe Payments Europe, Ltd, subject to providing the mandatory Personal Data.

 

The use of the Member's personal account on the Stripe Service is subject to strict compliance with the Stripe T&Cs accessible at the address:https://stripe.com/fr/legal

 

The Company recommends that the Member read the Stripe T&Cs before using the Services.

 

From their personal account, the User can acquire electronic money from the company Stripe Payments Europe, Ltd, by bank card or any other means of payment available through the Stripe solution, in order to use it to participate in the financing of one or more projects. The amount of each Donation or Subscription will be charged to the balance of electronic money held by the User in their personal Stripe account. At any time, the User may request reimbursement in cash of the balance of electronic money held in his personal account.

 

The Company undertakes, through the Stripe service, to pay the sums corresponding to a Donation or Subscription made by a User to the Project Owner who is the beneficiary of this Donation or Subscription, in accordance with Stripe's T&Cs.

 

8.1.2. Taxes applicable on funds collected

 

It is up to each Member to pay any applicable tax or associated tax, whether on Donations and Subscriptions collected through the Site, when the Member acts as a Project Leader, or on Donations and Subscriptions. provided by Users when acting as a User.

 

The Company cannot in any way replace them for this purpose or even advise them on the nature and details of their tax obligations.

 

8.2 Collection and monitoring of Donations

8.2.1 Collection of Donations

 

The Project Leader is solely responsible for collecting the Donations that he or she organizes via the Site.

 

Users are completely free with the amount and allocation of their Donations.

 

Users are invited to familiarize themselves with the type of Campaign carried out by the Project Leader during the Fund Collection Period.

 

Donations made by Users cannot be interpreted as constituting any contractual link between the User and the Company and in particular, the Company is not an intermediary between the Project Leader and the User, the Company limited to presenting and promoting on the Site the Projects of the Project Leaders to Visitors/Users. Consequently, Users cannot under any circumstances seek liability from the Company, for any reason whatsoever and in particular in the event of failure or failure of the Project Owner to fulfill its obligations.

 

8.2.2. Payment of Donations and Service Fees

 

Payment of Donations is made in accordance with article 8.1.1.

 

Donors are not required to pay any commission or service fees to the Company, the payment of the Company's Service Fees being the exclusive responsibility of the Project Leaders, in accordance with article 8.2.5.

 

The amount of Service Fees owed by the Project Owner to the Company is calculated as a percentage of the total amount of the Campaign Objective, provided that this has been achieved, according to the following price scale:

  • 9% excluding tax (nine percent excluding taxes) of the total amount of Donations collected via the Site if the campaign does not achieve its collection objective

  • 8% excluding tax (eight percent excluding taxes) of the total amount of Donations collected via the Site if the campaign achieves its collection objective

8.2.3. Donation Tracking

 

The Company communicates to each Project Leader:

- the amount of each Donation made for its benefit,

- the date of payment of the Donation and, where applicable,

- the User's Personal Data within the limits of what is strictly necessary for the completion of the Project in accordance with current legislation and these General Conditions. In this regard, by making a Donation, the User accepts that the Company provides the Project Leader concerned with their identity and contact details (surname, first name, email address and, where applicable, postal address) in order in particular to enable the Project Leader to address any Benefits to the User.

 

During the Donation Collection Period, Members (Donors and Project Leaders) can follow, via their Personal Space, the evolution of the Donations collected relating to the supported Project.

 

8.2.4. Cancellation of Donations during the Fundraising Period

 

(i) Case of cancellation

 

The Donor may obtain the cancellation of the Donation(s) made only in the following cases and under the following conditions:

- At any time, until the day before the expiry date of the Fund Collection Period,

- In the event of modification of the Project during the Fund Collection Period under the terms and conditions of article 7.1.3 (i) of these General Conditions,

- In the event of cancellation of the Project by the Project Leader during the Fund Collection Period,

- At the expiration of the Fundraising Period, if the Campaign Objective is not achieved.

 

(ii) Conditions for canceling Donations and refunding Donations

 

If the Donor wishes, during the Fundraising Period, to cancel a Donation, it is his responsibility to inform the Company.

 

If the Project Owner modifies the Project during the Fund Collection Period, the Company will inform the Donors who will indicate, within a reasonable period of time, whether they wish to cancel their Donation.

 

If the Project Leader cancels the Project during the Fundraising Period or if the Campaign Objective is not achieved, the Company will inform the Donors in their Personal Space or by email and will reimburse them in accordance with the paragraph above. -After.

 

In the event of cancellation of Donations for one of the cases referred to above (8.1.4 (i)), the payment transaction for the Donation carried out by the Donor via his personal Stripe account will be canceled and the Donor will once again be able to have of these sums to participate in the financing of another Project. In this regard, the Company may offer Donors who have canceled their Donations the opportunity to participate in the financing of other Projects.


 

8.2.6. Payment of Donations to the Project Owner and payment of Service Fees by Project Owners at the end of the Fundraising Period via Stripe

 

(i) Payment of Donations to the Project Leader

 

At the end of the Fund Collection Period, if the Campaign Objective is achieved, the Users' Stripe personal accounts are debited for the amount of the Donations made and the corresponding sums are paid into the bank account of the Project Holder beneficiary of the Donations, by the Company, through Stripe, after deduction of the Service Fees owed by the Project Leader to the Company, provided for in article 8.2.2. Likewise, if the Donations collected are higher than the planned Campaign Objective, all of the Donations collected are paid to the Project Leader, after deduction of the Service Fees referred to in article 8.2.2. .

 

At the end of the Fund Collection Period, if the Campaign Objective is achieved, Donors can no longer cancel Donations made or request reimbursement, except in the cases and conditions provided for in article 8.2.6 .

 

The payment of Donations relating to a Project that has achieved the Campaign Objective is made within a maximum period of 30 days, following the expiration of the Fund Collection Period.

 

(ii) Payment of Service Fees by the Project Owner

 

The fees for the Services are automatically deducted from the amount of Donations collected when the Donations are paid into the bank account of the Project Owner receiving the Donations.

 

The invoice corresponding to the Service Fees collected by the Company is made available to the Project Owner in their Personal Space on the Site.

 

8.2.6. Cancellation of the Project at the end of the Fundraising Period

 

In the event of cancellation of the Project, during its implementation, by the Project Holder, the Project Holder undertakes to reimburse the Donors without delay, by any means and under its sole and entire responsibility.

 

The Company is under no obligation regarding this reimbursement operation and cannot incur any liability in the event of delay or non-reimbursement to Donors of Donations made for a canceled Project. Generally speaking, once the Donations have been transferred to the Project Holder, the Company cannot be held to any obligation whatsoever regarding the completion of the Project, or regarding the reimbursement of the Donations and the Project Holder undertakes to guarantee it against any action, dispute, request or claim that could be made against it by the Donors.

 

For purely informative purposes, the Project Leader who cancels a Project during its implementation indicates this to the Company, specifying the reasons for this cancellation.

 

8.2.7. Edition of the tax receipt in the event of Donation collection

 

If the Project Owner has declared that it is authorized to issue tax receipts under articles 200 and 238 bis of the general tax code, the Company sends the Donor a tax receipt automatically generated using the information:

- provided by the Project Leader in the “tax receipt” section on their profile.

- provided by the Donor during his donation.

 

Tax receipts are sent directly after the Donation for a Flexible Campaign, and at the end of the Fundraising Period for a Strict Campaign.

 

The Company ensures compliance with the substantive conditions for tax receipts in accordance with current legislation.

 

If the Project Owner has declared that it is not authorized to issue tax receipts under articles 200 and 238 bis of the general tax code, the Company sends the Donor a simple payment certificate.

 

The Company cannot under any circumstances be held responsible if the tax administration calls into question the general interest of the Project Leader.

 

A request for a tax ruling from the administration is not obligatory but strongly recommended to find out whether your organization is authorized to issue tax receipts.

 

8.3 Collection and monitoring of Subscriptions

8.3.1 Collection of Subscriptions

 

Detailed access to the Projects for which financing is requested by means of Subscriptions as well as the possibility of subscribing to the Securities offered in this context is reserved only for Members who have communicated to the Company all of the information required as part of their registration on the Site, and in particular the Risk Questionnaire, and who have responded satisfactorily to the Suitability Test.

 

The detailed Subscriptions viewable by Members on the Site include in particular:

- a presentation of the directors, capital, and activities of the Company;

- a presentation of the Project;

- The desired Fund Raising Objective;

- the unit price of the Securities offered and the rights attached thereto;

- the Fund Collection Period;

- the terms of Subscriptions

- the accounting balance sheets of the Project Leader for up to 3 years in the case of a commercial company created having closed one or more accounting years prior to the fundraising operation;

- any other document likely to enlighten the Member and the investor on the financial health of the company whose Securities are offered for Subscription by the Project Leader and the risks linked to acceptance of the Subscription offer.

 

Subscriptions are offers to purchase Securities proposed by the Project Holder. They are only open during the Fundraising Period.

Any Member having completed a Risk Questionnaire and responded satisfactorily to the Suitability Test may proceed with a Subscription, by proposing to the Project Holder an offer to purchase Securities of which it determines the number, at the unit price of the Securities as as announced on the Site, in accordance with the procedure indicated on the Site.

The Subscription is only capped by the Fund Raising Objective, and the number of Securities offered for purchase. However, a Subscription cannot relate to the total amount of the Fund Raising Objective, which must be subscribed by at least three Investors.

The Subscription is firm and irrevocable throughout the Fund Collection Period, subject to the cases of cancellation referred to in articles 8.3.4 and 8.3.6.

8.3.2 Payment of Subscriptions and Service Fees

Payment of the price of Subscriptions is made in accordance with article 8.1.1. Payment validates the Subscription.

 

Donors are not required to pay any commission or service fees to the Company, the payment of the Company's Service Fees being the exclusive responsibility of the Project Leaders, in accordance with article 8.1.6.

 

The amount of Service Fees owed by the Project Owner to the Company is calculated as a percentage of the total amount of the Campaign Objective, provided that this has been achieved, according to the following price scale:

 

In the case of a donation project, the amount of service fees owed by the Project Leader is taken at source at the end of the campaign.


In the case of an investment project, the amount of service fees owed by the Project Owner is invoiced at the end of the Fundraising Period and the payment of the Subscriptions collected.


 

8.3.3. Monitoring Subscriptions during the Fundraising Period

 

The Company communicates to each Project Leader:

- for each Subscription, the amount, category and number of Securities subscribed,

- the date of Subscription and, where applicable,

- the Personal Data of the Investor within the limits of what is necessary for the completion of the Project and in accordance with the legislation in force and these General Conditions.

 

During the Fund Collection Period, Members (Investors and Project Leaders) can follow, via their Personal Space, the progress of the Subscriptions collected relating to the supported Project as well as the summary of their Subscription and the related documents.

 

8.3.4. Cancellation of Subscriptions during the Fundraising Period

 

(i) Case of cancellation

 

Subscriptions are in principle irrevocable.

 

As an exception, the Investor may obtain the cancellation of one or more Subscriptions made in the following cases and under the following conditions:

- In the event of modification of the Project during the Fund Collection Period under the terms and conditions of article 7.1.3 (i) of these General Conditions,

- In the event of cancellation of the Project by the Project Leader during the Fund Collection Period,

- At the end of the Fundraising Period, if the Fundraising Objective is not reached.

 

(iii) Conditions for cancellation and reimbursement of Subscriptions

 

If the Project Owner modifies the Project during the Fund Collection Period, the Company will inform the Investors and provide them with the necessary information and documents so that they can become aware of said modifications and their consequence on the risks linked to their Subscription. Investors will then indicate whether or not they wish to cancel their Subscription within five (5) Business Days.

 

If the Project Leader cancels the Project during the Fundraising Period or if the Fundraising Objective is not reached, the Company will inform the Investors in their Personal Space or by email and will reimburse their ( s) Subscription(s) in accordance with the paragraph below.

 

In the event of cancellation of Subscriptions for one of the cases referred to above, the Subscription settlement transaction carried out by the Investor via his personal Stripe account will be canceled and the Investor will once again be able to use these sums to participate. to finance another Project. In this regard, the Company may offer the Investor the opportunity to participate in the financing of other Projects.

 

8.3.6. Payment of Subscriptions to the Project Holder and payment of Service Fees by the Project Holders at the end of the Fundraising Period via Stripe

 

At the end of the Fund Raising Period, if the Fund Raising Objective is reached, the collection is paid into the bank account of the Project Holder benefiting from the Subscriptions, by the Company, via Stripe.

When the Fundraising Objective is reached, Investors receive confirmation of the success of the Fundraising.

 

At the end of the Fundraising Period, if the Fundraising Objective is reached, Investors can no longer cancel their Subscription(s) made or request reimbursement, except in the cases and conditions provided for in article 8.3.6.

 

The payment of Subscriptions relating to a Project that has achieved the Fund Raising Objective is carried out within a maximum period of 30 days, following the expiration of the Fund Raising Period.

 

(ii) Payment of Service Fees by the Project Owner

 

The costs of the Services are paid by the Project Owner after the Subscriptions have been paid to him and upon receipt of the corresponding invoice from the Company, in accordance with the payment terms appearing therein.

 

8.3.6. Cancellation of the Project at the end of the Fundraising Period

 

In the event of cancellation of the Project, during its implementation, by the Project Holder, the Project Holder undertakes to reimburse the Investors without delay, by any means and under its sole and entire responsibility.

 

The Company is under no obligation regarding this reimbursement operation and cannot incur the slightest liability in the event of delay or non-reimbursement to Investors of Subscriptions made for a canceled Project. Generally speaking, once the Subscriptions have been transferred to the Project Holder, the Company cannot be held to any obligation whatsoever regarding the completion of the Project, or regarding the reimbursement of the Subscriptions and the Project Holder undertakes to guarantee it against any action, dispute, request or claim that could be made against it by the Investors.

 

For purely informative purposes, the Project Leader who cancels a Project during its implementation indicates this to the Company, specifying the reasons for this cancellation.

Donation rate table.png

9. CLOSURE OF PERSONAL SPACE

 

The Member's Personal Space may be closed:

 

(a) at the User's initiative at any time and without notice;

 

(b) at the initiative of the Project Leader at any time, upon thirty (30) days' notice;

 

(c) at the initiative of the Company in the event of a breach by one of the Members of any of the provisions of the General Conditions which has not been remedied within a period of seven (7) days from the notification of the breach sent by the Company.

 

However, these General Conditions and in particular the conditions of liability provided for in article 10, will continue to govern the Projects during the Donation Collection Period and the Projects in progress as well as the Donations and Subscriptions relating thereto, until 'to the complete realization of the Project.

 

From the effective date of closure of the Personal Space or access to the Services, any publication of content relating to the Member concerned, as well as the promotion of their Projects previously published on the Site will be immediately stopped, and the Member concerned will no longer have access to their Personal Space on the Site.

 

10. RESPONSIBILITY

10.1. Relations between Members

 

Members expressly acknowledge that the Company cannot under any circumstances be held liable for total or partial non-performance or delay by another Member of one or more of its obligations.

 

Consequently, any complaints that a Member may have against another Member must be addressed directly to the latter.

 

In particular, the Company cannot incur the slightest liability due to the presentation on the Site by the Project Leaders of their Projects as well as due to their completion, cancellation, modification, or even the delay in the execution of the Project, the absence of provision by the Project Holders of the Advantages or Titles possibly provided for, the delay or non-reimbursement to Users of Donations or Subscriptions made (since the Donations or Subscriptions have been transferred to the Project Holders) for a Project canceled and more generally any act or omission of Project Leaders in the presentation or execution of their Projects.

 

The Project Leader guarantees and undertakes to indemnify the Company against any action, dispute, request or claim which may be made against it by another Member / User in these respects.

 

10.2. No obligation to advise in matters of Donations

 

The Company is not bound by any mission or obligation of advice towards Members regarding the contribution of Donations, the collection of Donations or the presentation / publication / implementation of Projects. In particular, the Company does not provide any advice, opinion or recommendation to Members regarding the tax consequences that could arise from the use of the Services. It is therefore up to each Member to find out about their tax and/or regulatory rights and obligations arising from the making of Donations and the collection of Donations.

 

The Company cannot therefore incur the slightest liability in this respect, in particular as to the consequences arising from the contribution to Donations, the collection of Donations or the presentation / publication / realization of the Projects.

 

The information provided by the Company when using the Services cannot under any circumstances be considered as advice and cannot give rise to any guarantee or compensation from the Company.

 

10.3. Access to the Site/Services

 

The Company strives to keep the Site accessible 24 hours a day, seven days a week. However, the Company cannot incur any liability in the event of interruption, suspension or unavailability of the Site and/or a or more of the Services it contains, in particular, without this list being exhaustive, in the following cases:

- maintenance, repairs, upgrades, modifications or updates of the Site or the Services offered there;

- technical problems affecting access to the Site or the Internet network, caused by an interruption of electronic communications services, possible computer viruses or bugs, denial of services, and any other case beyond the control of the Company;

- Force Majeure within the meaning of these General Conditions;

- personal action or negligence of a Member or a third party;

- usurpation, loss or theft of the Member's Identification Elements.

 

Furthermore, in the event of violation by a Member or by a Visitor of the conditions of access to the Site or use of the Services presented there and more generally, in the event of breach of one or more stipulations of these General Conditions, the Company reserves the right to suspend access to the Site and the Services offered there, to the Members and Visitors concerned and, in particular with regard to Members, to close their Personal Space under the conditions provided for in article 9.1 (c) hereof, without the Company incurring any liability in this respect.

 

10.4. Network operation

 

a) The equipment (computers, software, means of electronic communication, etc.) allowing access to the Internet and the Services provided by the Company on the Site are the exclusive responsibility of the Member, as are the electronic communication costs incurred. by their use.

 

The Company cannot incur the slightest liability due to a malfunction, inability to access or poor conditions of use of the Site, attributable to unsuitable equipment, to internal malfunctions of the Member's access provider. / of the Visitor, in the event of misuse of the Site or Services by the Member / Visitor or in the event of saturation / congestion of the Internet network or the Site.

 

Any delay, suspension or cancellation of the publication on the Site of a Project proposed by the Project Leader due in particular to technical failures inherent in the operation of the Internet network or linked to the interruption or suspension of access to the Site such that referred to in article 10.3 of these General Conditions cannot therefore give rise to any claim / compensation whatsoever and does not release the Member from the obligations incumbent upon him under the terms hereof.

 

b) As part of the administration of the Site, the Company takes all necessary steps to ensure the reliability of the information, software and Services contained on the Site. However, and taking into account the constraints and characteristics of the Internet of which Members/Visitors acknowledge being fully aware, it cannot be held responsible for errors, omissions, viruses affecting the information, software and Services contained on the Site and more generally, the consequences of non-compliant use of them. Likewise, the Company does not guarantee the accuracy or updating of the contents of the Site.

 

Furthermore, the Site may contain hypertext links to external websites managed by third parties. The Company, which has no control over the content of its sites or the products and services offered there, assumes no responsibility in this regard. In particular, the Company does not guarantee that Members/Visitors will be satisfied with the products and services offered there and it is up to Members/Visitors to carry out all necessary checks before proceeding with any transaction on these sites.

 

10.5. Liability for content

 

The information, content, Services distributed on the Site or the characteristics and functionalities of the Site may be modified or deleted, in accordance with the provisions of these General Conditions, without this incurring the liability of the Company. It is therefore up to Visitors/Members to refer regularly to the Site.

 

The Member must not breach any legal, regulatory or administrative provisions or any contractual agreement that may be applicable to it and non-compliance with which would impair its ability to meet its obligations hereunder.

 

The Member certifies that he holds all the rights relating to the content and information provided to the Company and/or intended to be published on the Site as part of the provision of the Services. It guarantees the Company against any recourse from any person (including Members, Visitors, and more generally, third parties) concerning the unauthorized use, including reproduction and distribution, of its contents and information.

 

10.6. Use of the Site by Members

 

As part of the use of the Site, Members transmit, via the Internet, Personal Data / information / content. Given the characteristics and constraints of the Internet, Personal Data / information / content are transmitted by Members at their own risk and the Company cannot be held responsible for any damage that could result from this transmission by Members and in particular from the loss or deterioration of this data / information / content, linked to technical problems or incidents that may occur.

 

Members undertake, under the terms of these General Conditions, to only transmit Personal Data/information/content that is sincere, accurate and consistent with reality. The Company cannot be held responsible for the inaccuracy of Personal Data/information/content published by Members on the Site.

 

In addition, Members expressly undertake not to transmit / disseminate on the Site or through the Site any data / information / content likely to constitute a violation of the provisions of these General Conditions or legal provisions. and regulatory, internal or intra-community, such as in particular, without this list being exhaustive, a violation of an intellectual property right, an attack on persons (in particular defamation, insults, insults, etc.), respect for privacy, an attack on public order and good morals (in particular, apology for crimes against humanity, apology for terrorism, incitement to racial hatred, child pornography, etc.).

 

In the event of dissemination / transmission of data / information / content likely to constitute an attack on the legal or regulatory provisions in force, public order, good morals, etc., these General Conditions, the Company reserves the right to close the Personal Space of the Member concerned and to have this data / information / content and any reference to them deleted from the Site. In particular, the Company provides Members with a forum for expression on the Projects presented by the Project Leaders. The Company incurs no responsibility for the opinions, reports, advice, texts or any other content exchanged within the framework of its Services.

 

Generally speaking, Visitors/Members expressly acknowledge using the Site and the Services offered there under their exclusive responsibility.

 

The Company cannot therefore incur the slightest liability due to the use made by a Visitor or Member of the Site and the Services offered there and in particular due to the data / information / content distributed on the Site or transmitted by a Member through the Site and the Members expressly undertake to guarantee and indemnify the Company against any action, dispute, request or claim which may be made against it by another Member / User as a result.


 

10.8. Liability for financial transactions via Stripe

 

The Member acknowledges and accepts that the financial transactions necessary for the collection of Donations and Subscriptions are technically and exclusively managed by the company Stripe Payments Europe, Ltd through the Stripe service. As such, the Company cannot be held responsible in any way for any damage resulting from negligence, a contractual breach, or an operating error due to the company Stripe Payments Europe, Ltd.

 

11. NOTIFICATIONS

 

Any notification, request or communication made in execution of the General Conditions must be made by a written document addressed, by any means, in particular by electronic means, to the person concerned, namely:

 

(a) Concerning the Company: For the attention of: Romain Delaume, CEO of SAS Château de la Mothe Chandeniers, 15 rue de Milan, 75009 Paris

 

(b) Concerning Members: To the postal address or email address indicated by the Member in their Personal Space.

 

Notifications, requests or communications are deemed to have been made:

 

(a) by registered letter with acknowledgment of receipt: on the date of first presentation of the registered letter by the postal services, the date mentioned on the receipt being proof of the date;

 

(b) by hand delivery: on the date mentioned on the receipt signed by the recipient or any of his employees or agents.

 

(c) by electronic communication: on the date mentioned on the sending message, provided it has been received in legible form.

 

12. GENERAL PROVISIONS

12.1 Divisibility

 

The nullity, unenforceability or, more generally, the lack of effect of any of the stipulations herein, will not affect the other stipulations which will remain perfectly valid and binding.

 

The Company then agrees to replace as much as possible, any stipulation deprived of effect by a valid stipulation having the same effect and reflecting its initial wishes.

 

Failing to achieve this, the stipulation deprived of effect will be considered as never having existed.

 

12.2 Independence of Members

 

The Member uses the Site and the Services offered on the Site in a completely independent manner and his registration on the Site and the collection of Donations or Subscriptions do not constitute, vis-à-vis the Company, any relationship of subordination, agency, de facto or joint venture or representation.

 

12.3 Transfer

 

The Company reserves the right to assign to any third party of its choice all or part of its rights and obligations under these General Conditions, which the Member accepts without reservation.

 

13. APPLICABLE LAW - COMPETENT JURISDICTION

 

The General Conditions are exclusively governed by French law.

 

Any dispute relating to these General Conditions and the Services that they govern, will be subject, failing an amicable settlement, to the exclusive jurisdiction of the Courts located within the jurisdiction of the Court of Appeal of Paris, even in the event of a warranty claim or multiple defendants, notwithstanding any clause to the contrary.

Legal Notice

 

The confidentiality of your data is one of the priorities of SAS Château de la Mothe Chandeniers  may collect your personal data in particular through the section

“Newsletter”. When you provide personal data, you agree to

communicate information that is accurate and does not harm the interests or

rights of third parties. To consult and visit the Site, you do not have to communicate any data

personal.

 

SAS Château de la Mothe Chandeniers   is responsible for the processing of personal data and is

sole recipient of your personal data. SAS Château de la Mothe Chandeniers  agrees to

preserve the confidentiality of your personal data. In accordance with the law

“Informatique et Libertés” of January 6, 1978 as amended by the law of August 6, 2004, the

processing of your personal data has been declared to the CNIL

under number 1820361 and you have the right to access, modify and delete the

processing of your personal data.

 

You can exercise your rights by sending a request to the following contact details: 4 Route de Roiffé, Les Trois Moutiers, 86120. When creating an account for a project or to contribute to a

project, we ask you for basic information such as your last name, first name address

email etc. to allow us to identify you on the platform and which will also be

used as part of general interest projects for which we issue receipts

tax.

 

Registration via Facebook has been implemented solely to facilitate the connection of

some of our users. No data about SAS Château de la Mothe Chandeniers is sent to Facebook.

 

Registration by Google+ has been implemented only to facilitate the connection of

some of our users. No data on SAS Château de la Mothe Chandeniers is sent to Google+.

 

Finally, as part of improving our service, we use Google analytics which is

a tool developed by Google to collect statistical information. If you have some

questions on this subject send us an email to contact@mothe-chandeniers.com

 

➔ Deleting my account

 

To delete your account, send us an email to contact@mothe-chandeniers.com Please note

that this action is final and that it will only give you limited access to the site.

➔ Lost password

 

When you have lost your password, click on the “Login” button, then

click on “Forgotten password”. Enter your email address and a link will be sent to you

sent to your email address to generate a new password.

 

(a) Site Editor. This Site is published by the company SAS Château de la Mothe Chandeniers. Director

of publication: Mr. Romain Delaume. Corporate form: simplified joint stock company.

Share capital: 5,549.45 euros. RCS of Poitiers: B 835 113 820 Head office: 4 Route de Roiffé, Les Trois Moutiers, 86120

(b) Site Host Hosting ofhttps://www.mothechandeniersinvest.com/

 

(c) Contact For any request regarding this Site and/or its content:

https://www.mothechandeniersinvest.com/contact-9

 

(d) SAS CHÂTEAU DE LA MOTHE CHANDENIERS, is registered with the RCS of Poitiers under the numberB 835 113 820.  SAS CHÂTEAU DE LA MOTHE CHANDENIERS is a partner of Stripe, an approved payment institution, benefiting from the European passport and authorized to operate in France by the ACPR under number 75491 S.

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