ARTICLE 1 – FIELD OF APPLICATION
These General Sales Conditions apply without restriction or reservation to all the digital services and tools proposed by the company KENDOKI on its Internet site:www.taobourse.fr
ARTICLE 2 – DESCRIPTION OF THE SERVICES
The purpose of the Company is to provide Oracle interpretations to any Internet user based on the I Ching method in order to help in management decisions for a stock portfolio.
The advice or recommendations given cannot be assimilated to provision of advice in financial investment as defined by the Monetary and Financial Code.
The Internet user therefore acknowledges and renounces any subsequent action against TAOBOURSE on the grounds of faulty advice or the non-respect of a regulation concerning advice in financial investment, and on a larger scale concerning that of asset management advice.
ARTICLE 3 – LIABILITY
TAOBOURSE does not assume liability concerning namely the direct or indirect financial or commercial losses resulting from the application or the impossibility of applying the recommendations accessible on the Site.
In particular, TAOBOURSE can in no way be held responsible for any possible losses resulting from loss of data, loss of income, operating losses or loss of commercial contracts, blamed directly or indirectly by the Internet user on the information or recommendations provided by TAOBOURSE on its Internet site.
What is more, oracles not being an exact science, it is important to emphasize that TAOBOURSE can never be 100 % successful in its recommendations. TAOBOURSE can therefore never guarantee the total success of all its recommendations. Thus, no recourse will be possible over time in the case of error or unfulfilled predictions. There is therefore no obligation to achieve a result.
ARTICLE 4 – ENFORCEABILITY OF THE GENERAL SALES CONDITIONS
The modifications of these General Sales Conditions are binding on the users of the site as soon as they are put on line and cannot be applied to transactions concluded beforehand.
The client declares that he/she fully accepts these General Sales Conditions.
ARTICLE 5 - EXERCISE OF ACCESS RIGHTS
Any information, namely the copy of personal data collected or generated beforehand, during, or after this processing, can be communicated to people exercising their right of access. In accordance with the law of January 6, 1978, you can oppose free of charge the use of the personal data that you transmitted to us for prospection purposes. You just need to tell us by email to email@example.com
ARTICLE 6 – DATA COLLECTION
TAOBOURSE does not carry out any unfair collection of personal data. Our server platforms are neither destined or configured to collect personal information on visitors to our site apart from the following data: connection origins (service provider), IP address, type; in no case do we collect the email address of the visitors without them communicating it to us deliberately.
ARTICLE 7 – INTELLECTUAL PROPERTY
The contents of the site are the property of TAOBOURSE and its possible partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of these contents is strictly forbidden and can constitute infringement of copyright.
Furthermore, TAOBOURSE remains the owner of all the intellectual property rights on the studies, drawings, models, prototypes, etc., produced.
The Internet user therefore has not got the right to reproduce or use any of these abovementioned studies, drawings, models and prototypes, etc., without the prior written express authorization of TAOBOURSE.
ARTICLE 8 – DATA PROTECTION ACT
In accordance with law 78-17 of January 6, 1978, you are reminded that the personal data that the Client are required to provide are necessary to draw up his recommendations.
TAOBOURSE undertakes to respect the obligations of Law 78-17 of January 6, 1978 concerning “data processing, data files and individual liberty” as well as the ethical principles linked to this concerning the personal data which you could be led to communicate when surfing on its web site. Data processing, communicated through the site, has been the subject of a declaration made to the CNIL. The site www.taobourse.fr has received the registration numbers from the CNIL (Pending)
ARTICLE 9 – PERSONAL DATA:
Personal data, that is to say the postal address, telephone No., email address as well as any data communicated on our web site or generated by your surfing constitute confidential data; in accordance with the legal obligations, we keep this information in reinforced security conditions and for limited lengths of time in proportion to the finalities for which you communicated them. It is only accessible to authorized staff and is just used for the aims for which it was communicated to us, namely to process requests on line and/or to transmit in return the information requested. Some information requested in the forms is obligatory: if you choose not to communicate it to us we will not be able to process your request.
The data given by the Internet user is deemed to be private and completely confidential. TAOBOURSE is not allowed to use or exploit it in any way in the framework of an individual or group study. At the end of the assignment, the Internet user can ask TAOBOURSE to delete all the data concerning him/her from these data bases.
ARTICLE 10 –APPLICABLE LAW – LANGUAGE
It is expressly agreed between the parties that this contract is governed and subject to French Law. It is drawn up in French. If it were to be translated into several languages, just the French text shall be deemed authentic in the case of any dispute.
ARTICLE 11 – DISPUTES
KENDOKI cannot be held liable for the non-execution of the contract entered into, on the one hand in the case of an Act of God, as defined by the French Courts in particular related to a total or partial strike of the means of communication, on the other hand in the case of a serious offence on the part of an unpredictable or insuperable client of a third party to the contract.
KENDOKI cannot be held liable for the consequences resulting from the bad use of the services sold on the site.
The parties undertake to try and settle out of court the disputes which may arise. For ongoing disputes which this contract could give rise to, concerning both its validity, its interpretation, its execution, its cancellation, their consequences and upshots shall be brought before the competent Courts in accordance with ordinary law. The Courts in PAU shall be the only ones competent.
Pau, 30 April 2015.