GENERAL TERMS AND CONDITIONS OF SALE

This translation is provided for information purposes only. In the event of any discrepancy between the French text and this translation, the French version shall prevail.

SURPERFORMANCE SAS (hereinafter referred to as "the Company") is a simplified joint stock company with a share capital of 414,501 euros, whose registered office is located at 17 avenue d'Albigny in Annecy, France (Post code: 74 000) and registered with the Annecy Trade and Companies Registry under the number 439 430 059. The Company offers several types of content, services and tools via its website MarketScreener.com (hereinafter referred to as "the Site"), some of which are restricted to paid access. These General Terms and Conditions of Sale, the purpose of which is to define the rights and obligations of the parties, apply, without restriction or reservation, to any purchase by a user of the Site (hereinafter "the Customer"), regardless of his nationality, location or the terms of his purchase.

By validating his order on the Site, the Customer acknowledges that he has read, understood and accepted these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use of the MarketScreener.com site.

As a reminder, all the services and content offered by the Site are reserved for persons legally capable of contracting.

 

ARTICLE 1. ACCESS TO SERVICES

1.1. Subscription to Services

The Company provides, in return for a financial consideration, access through Subscription to various services and tools of the SaaS type (hereinafter, together, "the Services"), in particular: exclusive stock market information, detailed market analyses, thematic and/or geographical stock selections, stock selection tools, tools for monitoring listed companies, email and/or SMS alerts.

The Company offers several Subscription packages, giving access to various levels of Services. The exact content of each package is available at any time on the Site. This content is subject to change at any time without prior notice from the Company, which invites users to consult the Site to learn the essential characteristics of the Subscription before placing an order.

1.2 Test functions

The Company may provide Customers with access to test features, identified by the words "test", "beta", or any other similar words. These functionalities, whose reliability is not guaranteed by the Company, are granted free of charge and on a temporary basis. The Company reserves the right to change or delete them at any time, at its sole discretion and without compensation to the Customers.

ARTICLE 2. FREE TRIAL

2.1. Eligibility

The Subscription may begin with a free trial (hereinafter referred to as "the Trial"), the duration of which is specified at the time of the Subscription. The Trial is intended to allow new users to discover and try the Services.

In order to prevent any abuse of the Trial, the Company may use information such as the user's device ID, account email address or telephone number to ensure that the user has not already received a Subscription and/or a Trial. The Company reserves the right, at its sole discretion, to determine a user's eligibility for a Trial and to limit or revoke it in the event of abuse.

2.2. End of the free trial

The user is invoiced and the Subscription automatically starts at the end of the Trial Period, unless the user terminates his Subscription before that date. The user's access to the Services ends on the day of termination of the Trial.

 

ARTICLE 3. DURATION OF SERVICES

3.1. Start of Subscription

The Subscription is activated as soon as the Company receives payment, either immediately after the order is placed or at the end of the Trial period when the Customer benefits from it. In any case, the Customer is informed of this activation by sending an e-mail to the e-mail address provided when ordering. The Customer must therefore provide a valid email address.

The Subscription begins on the day of its activation.

3.2. Duration and automatic renewal

The duration of the Subscription is calculated from date to date from the day it is activated.

It is tacitly renewable for an identical period, unless terminated by the Client under the conditions set out in Article 9.1 below.

 

ARTICLE 4. PRICES

The prices are available on the Site, in Euros or other legal tender according to the edition consulted by the Client. They are understood to be "All Taxes Included" for all Services. In any event, they do not include the costs related to equipment and electronic communications necessary for subscribing to and using the Services, which costs shall be borne by the Customer.

Rates are subject to change at any time. Nevertheless, the Company will notify Customers before applying a rate increase in order to obtain their agreement to continue their Subscription. In the absence of termination by the Customer before the next expiry of his Subscription under the conditions set out in Article 9.1 below, the rate change will be applied automatically for the next installments.

 

ARTICLE 5. PROMOTIONAL OFFERS

The Company may offer occasional promotional offers to all or part of its users (hereinafter referred to as "the Offers").

The Offers:

If the Company finds that a Customer has wrongly benefited from an Offer, it reserves the right to apply the normal rate to the Customer.

 

ARTICLE 6. PAYMENT TERMS

Regardless of the duration of the Subscription, payment is made in advance. Payment is made on each Subscription renewal date.

Payment is made by Paypal or card.

The data provided at the time of payment are neither known nor kept by the Company. It is the Customer's responsibility to update his payment method to allow the invoicing of his next due date. Failing this, his Subscription will be suspended in accordance with article 9.2 below until full payment has been made.

 

ARTICLE 7. MODIFICATION BY THE CUSTOMER DURING THE SUBSCRIPTION

The Customer may modify his package at any time during the Subscription period, by going to his account management area. The upgrade will take effect immediately and at the same time will result in the invoicing of the related costs, pro rata to the remaining Subscription period. The reduction in the flat rate will take effect on the next billing due date.

The Customer can also modify the duration of his Subscription, in his account management area. The change will take effect on the next billing due date.

As an exception, when the Customer wants to upgrade to the higher rate plan at the same time as increasing his Subscription period, the change in duration takes effect immediately. The Customer will be invoiced the price of the new package chosen, less the pro rata price of the remaining Subscription.

 

ARTICLE 8. USE OF THE SUBSCRIPTION

The Subscription, registered and non-transferable, is intended for personal and non-commercial use. The Customer remains solely responsible for the use that could be made of his Subscription by a third party who has accessed the data allowing him to use this service.

Any diversion to a non-subscribed third party systematically results in the termination of the Subscription in accordance with article 9.2 below and this, without compensation.

 

ARTICLE 9. TERMINATION

9.1. Termination at the Subscriber's initiative

The Subscriber may terminate his Subscription at any time 24 hours after subscription, in his account management area. The termination will be effective on the expiry date of the Subscription.

9.2. Termination at the Company's initiative

The Company reserves the right to suspend or terminate any Subscription in the event of non-compliance by the Customer with these General Terms and Conditions of Sale or the General Terms and Conditions of Use, in particular in the event of non-payment, fraudulent use or sharing of content with non-subscribers.

This termination is made without notice or compensation to the Client, who is informed by e-mail sent to the e-mail address provided at the time of subscription.

This termination does not affect the Company's right to seek legal action for damages for any prejudice suffered.

 

ARTICLE 10. RIGHT OF RETRACTATION

In accordance with Article L 221-28 of the French Consumer Code, the Customer has a right of withdrawal for a period of 14 days from the date of subscription, unless he has expressly waived his right of withdrawal in order to access the Services before the expiry of this period.

 

ARTICLE 11. INTELLECTUAL PROPERTY

The Company owns the Content published as part of its Services or has valid authorization to distribute it.

All texts, photographs, images, graphics, logos, databases and any other form of Content of any kind whatsoever are protected by intellectual property rights. Any reproduction, transmission or redistribution, even partial, in any form whatsoever, is strictly prohibited and may constitute the offence of counterfeiting.

The Company reserves the right to implement any technical solution that limits the distribution or reproduction of its Content by Customers.

 

ARTICLE 12. RESPONSIBILITY

12.1. Limitation of liability

The Content of the Site is intended for investors who have the necessary knowledge and experience to understand and appreciate the information provided on the Site.

Investing in financial markets involves risks and can result in losses greater than capital. By subscribing to the Services offered by the Company, the Client has access to the financial transactions carried out by the Company in the context of real portfolios. The operations carried out and the selections made available are provided for information purposes only and do not represent an investment obligation or an offer or solicitation to acquire or sell financial products or services. The Client is solely responsible for the use of the information provided, without recourse against the Company. The Company is not liable for any errors, omissions, inappropriate investments or market developments that are unfavorable to the transactions carried out.

The Company provides general advice that does not take into account the Client's objectives, financial situation or needs. It is possible that investment transactions may result in the loss of some or all of the funds; the Client should therefore not speculate with capital that he cannot afford to lose.

In the event that the Company is held liable with respect to a Client, its liability shall not exceed the total amount of the sums actually paid by the Client for access to the Services. In any event, the Company shall only be liable for compensation for direct, certain, actual and established damages, excluding in particular any loss of opportunity or loss of profit.

12.2. Access to the Site

The Company endeavors to provide access to the Site 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond its control, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site and services.

The Company shall not be held liable in the event that it is impossible to access the Site or use the services.

 

ARTICLE 13. PERSONAL DATA

The information collected during the order is processed electronically in order to ensure the proper performance of the services offered by the Company. The terms and conditions of this collection and processing are described in the Site's Privacy Policy.

 

ARTICLE 14. FINAL PROVISIONS

14.1. Digital content features

The Site can be viewed on the latest versions of the main computer browsers.

The proposed digital content does not have any digital locks that would prevent it from being accessed on certain media.

14.2 Method of proof

The data recorded by the Site, the payment service provider, the Accounting Department and the e-mails exchanged with Customers have probative value with regard to the orders placed and the fulfilment of their obligations by the parties. Such data shall be admissible and enforceable between the parties in the same manner, under the same conditions and with the same probative value as any document drawn up, received or kept in writing.

14.3. Duration and evolution of the General Terms and Conditions

These General Terms and Conditions come into force as soon as they are put online on the Site and apply to any order placed from that date.

The Company reserves the right to modify and update these General Terms and Conditions at any time, without notice. In the event of a modification of the General Terms and Conditions of Sale, the applicable General Terms and Conditions shall be those in force at the time of purchase.

14.4. Applicable law and dispute handling

Both the Site and the terms and conditions of its use, including access to and use of the Services, are governed by French law, regardless of the Customer's place of residence or nationality. The contract is deemed to have been concluded at the Company's registered office.

Only the French version of these General Terms and Conditions is authentic between the parties, any other version being provided for translation purposes only.

Customer Service is the contact to be preferred by Customers for any complaint:

SURPERFORMANCE SAS – Customer Service
17 avenue d’Albigny
74 000 Annecy - FRANCE
customer@marketscreener.com

In the event of a possible dispute, and after the failure of any attempt to find an amicable solution, the French courts of the place of the registered office shall have sole jurisdiction to hear the dispute.

 

 

Last modified date: 23 Jan. 2020