TERMS AND POLICIES
I. General
Article 1. Definitions
SITE : website accessible under the following url address: www.humainvestor.com
APPLICATION : pc, mobile or web application corresponding to the SITE
HUMAINVESTOR : company publishing the SITE and the APPLICATION
USER(S) : person(s) registered on the SITE and/or the APPLICATION, including CERTIFIED USER(S)
CERTIFIED USER(S) : user(s) registered on the SITE and/or the APPLICATION having a notoriety and/or recognized as a public personality, using the SITE and/or the APPLICATION and having TITLES with his effigy.
TITLE(S) : Deed(s) / certificate(s) offered for sale on the SITE and/or the APPLICATION, representing the notoriety of a CERTIFIED USER(S).
CREDIT : virtual currency with a bidirectional flow used exclusively on the SITE, in order to carry out TITLE transactions between USER(S), CERTIFIED USER(S), and/or the SITE.
PARTICIPATION : redistribution mechanism allowing a CERTIFIED USER(S) to receive remuneration in CREDIT for each transaction of TITLES in his/her name.
GCU : The present general terms and conditions of use applicable to all USERS
GTC : The present general terms and conditions of sale applicable to all USERS
PARTY : the USER or HUMAINVESTOR
PARTIES : the USER and HUMAINVESTOR
PERSONAL DATA or PERSONAL DATA: Any information relating to an identified or identifiable natural person; an "identifiable natural person" is deemed to be "a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or , or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity" in accordance with the definition of Regulation (EU) No. 2016/679 of April 27, 2016 ("RGPD")
HT : excluding taxes
INCLUDING VAT : All taxes included.
Article 2. Legal mentions
The edition of the SITE and the APPLICATION is ensured by the company MONSIEUR RICHARD LAVERGE - individual contractor, registered with the register of trade and companies of TROYES under the SIREN 848085155. The host of the SITE and the APPLICATION is the company OVH, RCS Lille Metropole 424 761 419 00045. It can be reached by telephone by dialing 1007 or 09 72 10 10 07. The head office of the host is located at 2 rue Kellermann - BP 80157 59053 ROUBAIX CEDEX 1.
Article 3. Confidentiality
Each of the PARTIES undertakes to implement the appropriate means to keep confidential the information of any kind, commercial, industrial, technical, financial, nominative or other, to which they would have access during the negotiation, signature and execution of the present contract and which are in particular related to the other PARTY and/or its customers, with the exception of Information already in the public domain. The PARTIES undertake to take the necessary measures with regard to third parties to ensure, under their responsibility, the confidentiality of the information and documents referred to herein.
Article 4. GTC and GTC
The GTC and the T&Cs provide a legal framework for the use of the services of the SITE and/or the APPLICATION by the USER and detail the rights and obligations of HUMAINVESTOR and of the USERS in the context of the purchase, the conservation and the sale of the SECURITIES on the SITE and/or on the APPLICATION
Article 5. Force Majeure
Force Majeure Events as usually defined by French law and courts (hereinafter "Force Majeure Event") preventing HUMAINVESTOR and/or the USER from fulfilling the obligations hereunder, will, if proven, suspend the obligation of the concerned PARTY to fulfill the present Agreement for the period of time required to eliminate the Force Majeure Event. The Party suffering from the Force Majeure Event shall notify the other Party specifying the cause of such Force Majeure Event within 3 (three) days after the Force Majeure Event has occurred. The time for performance shall be extended by a period equal to the entire period during which such Event shall have continued provided that both PARTIES shall use their best efforts to minimize the effects of such Event. Upon the conclusion of the Event, the affected PARTY agrees to use its best efforts to resume performance hereunder as soon as possible and to minimize any delays caused by such Event.
It is understood, however, that if the Force Majeure Event continues for a period in excess of 1 (one) month, either PARTY shall have the right to terminate this Agreement at any time with immediate effect without penalty, liability or other obligation other than payment of the pro rata fee for the operations that have been made.
Article 6. Warning and risks
The purchase of TITLES involves risks of partial or total loss. No guarantee is given as to the liquidity of the TITLES purchased, the existence of a secondary market, the value of the TITLES purchased during the offer and the equivalent value of these TITLES in foreign currency. The TITLES do not constitute financial instruments within the meaning of Article L. 211-1 of the French Monetary and Financial Code and do not confer any rights other than those described in the WEBSITE and/or the APPLICATION. In addition, the regulatory framework applicable to the offer and to the TITLES as well as the tax regime applicable to the holding of the TITLES are not defined to date in certain jurisdictions. The USER is warned of the risk of total loss of capital for technical or regulatory reasons; HUMAINVESTOR cannot be held liable in any way for this.
HUMAINVESTOR is a platform that allows personalities and content creators to offer their TITLE. Once the identity has been verified, the SITE grants the USER a CERTIFIED USER status, allowing him/her to offer TITLES for sale. From that moment on, HUMAINVESTOR cannot guarantee the active presence of the CERTIFIED USER on the SITE; in case of inactivity or non-use of the SITE, HUMAINVESTOR cannot be held liable in any way.
Finally, HUMAINVESTOR points out that in order for a TITLE to be sold, there must be an effective meeting between supply and demand. In this sense, for the sale of a TITLES to take place, it is first necessary to put it up for sale, and then to meet the offer with a USER or CERTIFIED USER buyer.
As the sale of a TITLE automatically leads to an increase in the offer, the more the number of TITLES on sale increases, the lower the price.
HUMAINVESTOR therefore invites USERS and CERTIFIED USERS to take these mechanisms into account.
The WEBSITE declines all responsibility in the event that the TITLES for sale do not find a buyer; or in the event that the sale is made for a lower price than the estimated one.
Article 7. Miscellaneous
HUMAINVESTOR will have the right to transfer all or part of the benefits and obligations of the present contract to a third party. In the event of a transfer of the benefits of this Agreement to a third party, HUMAINVESTOR will be obliged to transfer to the transferee the full amount of the obligations to the USER under this Agreement.
The nullity or inapplicability of any of the provisions hereof as a result of a court decision having the authority of res judicata in the last instance shall have no effect on the validity of the GTU and the GTC, the other provisions of which shall remain good and valid between the PARTIES.
With respect to the essential and determining stipulations of the commitment of the PARTIES that would be cancelled or rendered inapplicable, it is understood that the clause will then be modified to the strict extent necessary to bring it into conformity with the applicable legal provisions without, however, modifying the rights of each PARTY and the economic balance as expressed herein. The TOU and GTC express the rights and obligations of the PARTIES with respect to the subject matter hereof. They supersede any other written or oral agreements that may have been previously entered into between the PARTIES with respect to these matters. Any modification of the TOU and the T&Cs must be in writing. Each of the PARTIES elects domicile at the address mentioned and undertakes to notify the other PARTIES of any change of address.
Article 8. Duration of the contract
The GCU and GTC are valid for an indefinite period. The beginning of the use of the services of the SITE and/or the APPLICATION marks the acceptance of the GCU and the GCS by the USER.
Article 9. Tax domicile & payment of taxes
The USER elects to reside at the address given at registration and undertakes to notify HUMAINVESTOR of any change of address. The USER will be responsible for complying with the legal and regulatory provisions applicable to its contractual commitment, and for the payment of any charges, taxes and contributions due, of any nature, including social and fiscal, regardless of the USERs domicile and/or tax residence declared at the time of its registration and signature of the present GTC, in such a way that HUMAINVESTORs liability cannot be questioned in any way.
Article 10. Suspension and closure of the USERs account
If the USER fails to fulfil its obligations under these GTC, or if HUMAINVESTOR becomes aware of any irregular, abnormal or illegal activity on the USERs account that may be detrimental to the proper functioning, durability or reputation of the WEBSITE and/or the APPLICATION, HUMAINVESTOR has the right to suspend and/or close the USERs account without notice. The USER will not be able to claim any compensation or hold HUMAINVESTOR liable for any reason whatsoever.
Article 11. Applicable law and jurisdiction
The present Terms and Conditions are subject to French law. In the event of a dispute between the PARTIES not being resolved amicably, the French courts will have jurisdiction to settle the dispute. Any dispute relating to the interpretation and execution of the GTC and the T&C will be brought before the courts of the jurisdiction of the registered office of HUMAINVESTOR.
II. General conditions of use
Article 12. Purpose of the GTC
The purpose of the SITE and the APPLICATION is to issue SECURITIES representing the reputation of the CERTIFIED USER(S), and to organize their sale and exchange directly on the SITE and/or the APPLICATION. The access to the SITE and/or the APPLICATION constitutes a contract between HUMAINVESTOR and the USER and must be preceded by the acceptance of these GTC. The SITE and the APPLICATION also allow the creation of text, audio, video or photographic content that can be published publicly. This content can be viewed by USERS. The access to the SITE and/or the APPLICATION means the adhesion without reserve by the USER to the present GCU
Article 13. Access to the SITE and the APPLICATION
Access to or use of the SITE and/or the APPLICATION implies acceptance of being legally bound by these GTC. The USER declares that he/she is at least 18 years old and that he/she uses the SITE and/or the APPLICATION to satisfy his/her personal needs, excluding any professional activity. The USER declares that he/she has the full capacity and all the rights to carry out transactions on the SITE and/or the APPLICATION.
The SITE and the APPLICATION allow free access to the following services:
The SITE and the APPLICATION are accessible free of charge from anywhere by any USER with Internet access. All costs necessary to access the services (computer equipment, Internet connection...) are at the USERs expense. Access to the services dedicated to members is done using a login and a password. For maintenance or other reasons, access to the SITE and the APPLICATION may be interrupted or suspended by HUMAINVESTOR without prior notice or justification.
labels.T_AND_P_Article_13.5
Article 14. Features
HUMAINVESTOR has developed a SITE and an APPLICATION to share content and to issue and exchange TITLES representing the popularity of CERTIFIED USERS. As such, HUMAINVESTOR allows each USER to have a user account directly accessible on the SITE and the APPLICATION, using a user name and password that are specific to the USER, and kept/used under the USERs sole responsibility.
Article 15. Collection of data
For the creation of the USERs account, the collection of information at the time of registration on the SITE and/or the APPLICATION is necessary and mandatory.
The USER undertakes to cooperate actively in order to allow the fulfilment of the obligations incumbent upon him/her and, if necessary, to obtain the authorizations of the competent data protection authorities. The PERSONAL DATA collected within the framework of the signature of the GCU and the use of the WEBSITE and/or the APPLICATION are the name, first name, telephone number and the e-mail address, the address of the USER. The processing concerned is the collection, recording, organization, storage and consultation of the PERSONAL DATA of the above-mentioned data subjects for the purpose of executing the present, by each of the PARTIES as independent Data Processor.
This PERSONAL DATA is processed for the purpose of:
● Have permanent contact so that the partnership can be properly executed ;
● Manage the remuneration and more broadly the follow-up of the execution of the present. This PERSONAL DATA is thus only intended to be transmitted in the context of the follow-up of the execution of the present contract.
HUMAINVESTOR processes the USERs name, surname, telephone number and e-mail address in order to operate the SITE and/or the APPLICATION. HUMAINVESTOR may disclose the USERs PERSONAL DATA to third parties, insofar as this is strictly necessary for the creation of advertising campaigns exclusively dedicated to HUMAINVESTOR, or for the administration of its SITE and/or its APPLICATION. In this respect, the USERs PERSONAL DATA may be shared with HUMAINVESTORs staff and partners.
The USERs PERSONAL DATA is stored in HUMAINVESTORs database and will be stored on the servers of the hosting provider of the SITE and the APPLICATION, namely OVH, a simplified joint stock company, 2 rue Kellermann - 59100 Roubaix - France.
In the event that HUMAINVESTOR intends to enter into a transaction that would change the structure of its business (reorganization, merger, sale, joint venture, assignment, transfer, change of control or any other transfer of all or part of the business, its assets or shares), HUMAINVESTOR retains the right to share PERSONAL DATA with third parties for the purpose of facilitating and concluding such transaction. HUMANVESTOR retains the USERs personal data for as long as it is necessary for the execution of the partnership via the SITE and the APPLICATION and for the execution of the business relationship (if any) between the PARTIES, or for other essential purposes such as: compliance with legal obligations, dispute resolution, and the enforcement of agreements between the PARTIES.
The main rights that the USER has under current legislation on the protection of PERSONAL DATA are the following: the right of access, rectification, deletion, the right to restrict processing, to object to processing, the right to data portability, the right to file a complaint with a supervisory authority (in France, the CNIL: www.cnil.fr). The USER may exercise any of these rights in relation to his PERSONAL DATA, by making a written request via the email address of the customer service of the site: [email protected]
Article 16. Obligations and guarantees of the USER
The USER guarantees that he/she will comply with all legal and regulatory provisions applicable to the contractual agreement, and that he/she will pay all charges, taxes and contributions due, of all kinds, including social and fiscal, regardless of the USERs place of residence, so that HUMAINVESTOR cannot be held liable in any way.
The USER also declares and guarantees that he/she is not bound by any agreement with a third party concerning a competing product or company, French or foreign, or by any other commitment that would prohibit him/her from committing himself/herself to the terms of this Agreement.
The USER warrants that he/she has not done and will not do anything that would be detrimental to HUMANVESTOR, its brands, its products and its business in general, or that would jeopardize the execution of this Agreement or prevent or hinder the full enjoyment of the rights granted.
The USER is therefore forbidden, during the entire period of execution of the present, to:
● denigrate or, more generally, behave in a way that could be detrimental in any way to the products and/or services of HUMAINVESTOR ;
● damage the brand image of HUMAINVESTOR;
● damage its own image by engaging in illegal activities and/or the consumption of illegal substances.
Article 17. Obligations and guarantees of HUMAINVESTOR
HUMAINVESTOR remains the owner and exclusive holder of the intellectual property rights to the SITE and the APPLICATION, and guarantees permanent access to the SITE and the APPLICATION, with the exception of maintenance periods carried out by HUMAINVESTOR and/or its partner service provider.
Access to the SITE and the APPLICATION may be temporarily interrupted in order to ensure the maintenance of the servers hosting these platforms. In this case, HUMAINVESTOR will inform the USER of this interruption so that they can make arrangements in advance to avoid any disruption in the use of the SITE and the APPLICATION.
In the event of a proven security vulnerability that HUMAINVESTOR and/or the USER have determined to be of such a nature as to seriously compromise the security of the SITE and/or the APPLICATION, HUMAINVESTOR may, without prior notice, temporarily interrupt the SITE and/or the APPLICATION in order to remedy the security vulnerability as soon as possible. In this case, the USER will not be able to claim any compensation or hold HUMAINVESTOR liable for any reason whatsoever. HUMANVESTOR cannot be held responsible for fluctuations in the price of the SECURITIES, which are subject to variations in supply and demand.
Article 18. Intellectual property
Trademarks, logos as well as the contents of the SITE and/or the APPLICATION (graphic illustrations, texts...) are protected by the Intellectual Property Code and by copyright. The reproduction and copying of the contents of the WEBSITE and/or the APPLICATION by the USER requires the permission of HUMAINVESTOR. In this case, any use for commercial or advertising purposes is prohibited.
Article 19. Liability
Although the information published on the SITE and/or the APPLICATION is deemed reliable, the SITE and/or the APPLICATION cannot guarantee the reliability of the sources. The information published on the SITE and/or the APPLICATION is presented for information purposes only and has no contractual value. In spite of regular updates, the responsibility of the SITE and/or the APPLICATION cannot be engaged in the event of modification of the administrative and legal provisions appearing after the publication. The same applies to the use and interpretation of the information provided on the platform.
HUMAINVESTOR is not liable for any viruses that may infect the USERs computer equipment after using or accessing the SITE and/or the APPLICATION. HUMAINVESTOR cannot be held responsible in case of force majeure or the unforeseeable and insurmountable act of a third party.
If you reside outside the European Union, the EFTA States or the United Kingdom, including if you reside in the United States, you agree that your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you "AS IS" and "AS AVAILABLE."
If you reside outside the European Union, EFTA States or the United Kingdom, including if you reside in the United States, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HUMANVESTOR ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY, OR LOSS OF DATA, USE, CUSTOMERS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES ; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DISGRATULATIONS, OFFENSES OR ILLEGAL CONDUCT BY OTHER USERS OR THIRD PARTY; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) THE UNAUTHORIZED ACCESS, USE OR DELETION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE COMBINED LIABILITY OF THE HUMANVESTOR ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO HUMANVESTOR, IF ANY, IN THE LAST SIX MONTHS FOR THE SERVICES COMPLAINED OF, WHICHEVER IS GREATER. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY BASIS OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HUMANVESTOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF IT IS DETERMINED THAT A REMEDY PROVIDED HEREIN HAS NOT SERVED ITS ESSENTIAL PURPOSE
Article 20. Hypertext links
labels.T_AND_P_Article_20.1
Article 21. Cookies
When visiting the WEBSITE and/or the APPLICATION, a cookie may be automatically installed on the USERs browser. Cookies are small files temporarily deposited on the USERs computer hard disk. These cookies are necessary to ensure accessibility and navigation on the SITE and/or the APPLICATION. These files do not contain personal information and cannot be used to identify a person. The information in the cookies is used to improve the performance of navigation on the SITE and/or the APPLICATION. By browsing the SITE and/or the APPLICATION, the USER accepts cookies. Their deactivation can be done via the parameters of the navigation software.
Article 22. Publication by the USER
The SITE and/or the APPLICATION allow the USER to publish content and comments. In its publications, the USER is obliged to respect the rules of Netiquette as well as the applicable legal rules. HUMAINVESTOR has the right to moderate the publications and can refuse their publication without having to provide any justification.
The USER retains all intellectual property rights. However, any publication on the SITE and/or the APPLICATION implies the transfer of the non-exclusive and free right to HUMAINVESTOR to represent, reproduce, modify, adapt, distribute and disseminate the publication anywhere and on any medium for the duration of the intellectual property. This can be done directly or through an authorized third party. This applies in particular to the right to use the publication on the web and on cell phone networks. HUMAINVESTOR is obliged to mention the USERs name in the vicinity of the publication. The USER is responsible for any content he/she puts online. The USER undertakes not to publish any content that may infringe on the interests of third parties and guarantees HUMAINVESTOR in this respect. Therefore, any action brought by a third party against HUMAINVESTOR due to the USER will be borne by the USER.
You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules and regulations. You should provide Content only to the extent that you do not mind sharing it with others.
Any use of or reliance on any Content or materials posted through the Services, or obtained by you through the Services, is at your sole risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or information posted via the Services, nor do we endorse any opinions expressed through the Services. You understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or inappropriate, or in some cases, misdirected or misleading. All Content is the sole responsibility of the person who created it. We do not necessarily monitor or control, and cannot assume responsibility for, all Content posted via the Services.
By submitting, posting or displaying any Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any medium and by any method of distribution now known or later developed (for clarity, such rights include, for example, those of preservation, transformation and translation).
This license authorizes us to make your Content available to the world and authorizes others to do the same.
You represent and warrant that you have, or have obtained, all necessary rights, licenses, consents, permissions, power and/or authority to grant the rights granted herein for any Content you submit, post or display on or through the Services. You agree that such Content will not contain any copyrighted or other proprietary material unless you have the necessary permission or legal right to post the material and grant HUMAINVESTOR the license described above.
HUMAINVESTOR may remove or modify USER Content at any time, for any reason and without notice.
III. General terms and conditions of sale
Article 23. Purpose of the GTC
The purpose of the SITE and the APPLICATION is to issue TITLES representing the reputation of the CERTIFIED USER(S), and to organize their sale and exchange directly on the SITE and/or the APPLICATION. The GTCs constitute the contract between HUMAINVESTOR and the USER, and the GTCs detail the rights and obligations of HUMAINVESTOR and the USER in connection with the purchase and sale of SECURITIES on the SITE and/or the APPLICATION, and must be preceded by the acceptance of these GTCs. All purchases and sales of SECURITIES made by the USER signify the USERs unreserved acceptance of these GTC.
Article 24. Terms of purchase and sale
SECURITIES may only be purchased by USERS and CERTIFIED USER(S) of the SITE. A CERTIFIED USER may not acquire his or her own SECURITIES through a CREDIT purchase.
The USER and/or the CERTIFIED USER, after having credited his account with the necessary amount by all means available on the SITE and/or the APPLICATION, may acquire SECURITIES by going directly to the personal pages of the CERTIFIED USER(S) and clicking on the "Invest" button, then following the steps that follow. When a security is purchased on the SITE or the APPLICATION, a SHARE will be added to the final price of the transaction in order to remunerate the CERTIFIED USER(S) who created the TITLES
TITLES are created, issued and offered for sale once a USER becomes a CERTIFIED USER. To do so, the USER must have sufficient notoriety to justify this status, and then he/she must take the steps that are available from the "modify profile" button, available on his/her personal page.
Upon creation of the TITLES, the SITE and the CERTIFIED USER will share the first TITLES issued. The USERS will then be able to acquire said TITLES according to the established terms and conditions and then resell them to other USERS.
When there is an effective acquisition of TITLES, the USER or CERTIFIED USER can consult his acquired TITLES via the "Portfolio" page of the SITE when the USER is connected.
When the USER has transferred the TITLE to another USER, the USERs portfolio will be credited with the amount of the transfer, minus the PARTICIPATION and any taxes due and/or collected by HUMAINVESTOR. The USER may also request a payment to the bank account of his or her credit balance, the details of which have been communicated to HUMANVESTOR together with a valid form of identification (passport or national identity card). Bank charges may be levied for the payment to the USERs bank account.
All purchases of SECURITIES are final and cannot be redeemed by HUMANVESTOR. The TITLES acquired by the USER or CERTIFIED USER(s) can only be resold to another USER or CERTIFIED USER(s).
Article 25. Quantity, prices and tariffs
HUMANVESTOR does not limit the number of TITLES issued. The starting price corresponds to 1 credit. The starting price can change afterwards according to supply and demand. HUMAINVESTOR cannot be held responsible for this change. The prices of the TITLES sold are those in effect at the time of the order, they are denominated in CREDIT and include VAT.
The price of the TITLES is in CREDIT and includes VAT. HUMAINVESTOR reserves the right to change its prices at any time. However, HUMAINVESTOR is committed to invoicing the TITLES at the prices indicated at the time of the order; however, fluctuations in the price of the TITLES may occur and HUMAINVESTOR cannot be held liable for this.
Article 26. Discounts, rebates and sales
The prices offered include any discounts and rebates that HUMAINVESTOR may grant on the basis of its results or the assumption of responsibility by the USER or CERTIFIED USER(s) for certain services.
Article 27. Discount
No discount shall be granted for early payment.