ETFWAVE TERMS OF SERVICE
These terms of service (“Terms”) governs the access and use of the website etfwave.fr (the “Website”). The Terms bind anyone who accesses to the Website (hereinafter “User”), including Users who have created an account on the Website (hereinafter “Member”).
etfwave.fr is published by Batignolles Wizards SAS (the “Publisher“), a simplified joint-stock company registered under French law − RCS Versailles 821 339 355 − with a capital of 17,000 euros. The Publisher’s registered office is located at 1, sente de l’Arche 78510 TRIEL SUR SEINE, France.
Article 1 Definition of Services
The Website provides Users free access to many financial ETF analysis and data. These analysis and data do not constitute an offer or solicitation to buy or sell financial products or services.
In particular, they do not constitute the provision of investment advices.
By subscribing on the Website, Members also get access to the following services:
- Access to ETF Analysis, Market Analysis, Portfolios trades and Analysis
- Reception of alerts by e-mail
- Reception of newsletters
Article 2 Access to the Services
2.1. Legal capacity
All Services provided by the Website are restricted to persons legally capable of contracting under French law.
2.2. Account creation
Access to some services is subject to registration on the Website. Upon registration, the Member agrees to complete the registration form truthfully and providing accurate and complete information. The Member undertakes in particular not to use a false identity liable to mislead third parties.
To register, each Member must choose username and password allowing him to access the services offered by the Website. The Member is solely responsible for conserving and using his username and password. To protect Members’ data, passwords are encrypted. Therefore, Members may not recover their password in case of forgetfulness.
The Member shall ensure that his choice of username does not affect morality and does not constitute illegal content (i.e. apology of crimes against humanity, incitement to racial hatred, hatred of people because of their gender, sexual orientation or identity or disability, child pornography, incitement to violence and affront to human dignity).
Article 3 Intellectual property
The Publisher owns the Content published on the Website or has permission to share them.
All texts, photographs, images, graphics, logos, databases and any kind of Content whatsoever is protected under intellectual property. Reproduction in whole or in part, in any form whatsoever, is strictly prohibited. Such reproduction may constitute counterfeiting in accordance with article L 335-1 et seq. of the French Intellectual Property Code and is punishable by a three years imprisonment and a 300 000 Euros fine.
Article 4 Personal Data
Information collected during registration on the Website are subject to a data processing intended for the proper performance of the services offered by the Website. This data is never sold to a third party.
4.1. Right of access, correction and objection
In accordance with the “Informatique et Libertés” law of 6 January 1978 amended in 2004, Members have a right to access and rectify their information. They also have the right to oppose, for legitimate reasons, the processing of their data. These rights may be exercised by mail (Batignolles Wizards, 1 sente de l’Arche 78510, France) or by email (contact@etfwave.fr).
Article 5 Responsibility
5.1. Use and reliability of the Content
The Content on the Website are intended for investors who have the necessary knowledge and experience to understand and appreciate the information developed. These information are disseminated for information only.
The information of any kind available on or through the Website are from sources believed to be reliable. However, this information may contain inaccuracies, errors or omissions.
The User understands and accepts that use of the Website takes place under his sole responsibility, without recourse against the Publisher.
The Publisher assumes no responsibility for any use that may be made of the information he disseminates, and the consequences that may result, including any decision taken on the basis of information contained in the Website.
5.2. Access to the Website
The Publisher strives to provide access to the Website round the clock, 7 days 7, except in cases of ‘force majeure’ or an event beyond his control, under reserve of any breakdowns and maintenance necessary to the proper functioning of the Website and Services.
The Publisher can not be held liable for inability to access the Website or use of Services.
Article 6 Terms’ evolution
The Publisher reserves the right to update these Terms at any time without notice, in order to adapt them to changes in the Website, its operation or legislation.
Therefore, Users have to read regularly the Terms in force and to cease use of the Website in the event of disapproval to the Terms in force.
Article 7 Applicable Law
Both the Website and its conditions of use are governed by French Law, whatever is the place of use. In case of any dispute, and after the failure of all attempts at finding an amicable solution, the French courts of the registered office will have jurisdiction to hear the dispute.
ETFWAVE CONDITIONS OF SALES
Preamble
Batignolles Wizards SAS (the “Company“) is a simplified joint-stock company registered under French law – R.C.S. Versailles 821 339 355 – with a capital of EUR 17,000. The Company’s registered office is located at 1 sente de l’Arche, 78510 TRIEL SUR SEINE, France.
The Company offers several types of services and content via its website etfwave.fr (“the Website“), some of which are chargeable. These terms and conditions of sales (“Terms”), whose purpose is to define the rights and obligations of the parties, shall apply, without limitation, to any purchase by any user of the Website (hereinafter “Client“).
By buying a Product on the Website, the Client acknowledges having read, understood and accepted both these Terms and the Terms of Service of the Website.
All services and content provided through the Website are restricted to persons legally capable of contracting under French law.
Article 1 Definition of Products
1.1. Subscriptions
The Subscription allows, versus payment, the access to the composition of the Portfolios held by the Company and reception of e-mail alerts when trades are opened or closed.
Two Subscriptions are available :
- ‘Premium membership’ (portfolios Active Euro, Megatrend Euro, Active Dollar), for individuals only
- ‘Robot Allocator membership’ (portfolios Active Euro, Megatrend Euro, Active Dollar, Global Macro), access to our ETF library
Article 2 Prices
Prices ‘premium membership’ are available on the Website in Euros. They are “all taxes included”.
They do not include costs related to equipment and electronic communications, necessary for the use of services. Said remaining costs are borne by the Client.
For ‘Robot Allocator membership’ please contact us.
Prices are subject to change at any time. The applicable price will be the one in effect at the purchase date, that is to say the day when the Client clicks on the button “Proceed to payment”.
Article 3 Terms of sales – Subscriptions
This article shall apply only to Subscriptions. Details of Subscriptions (price, duration, etc.) are available on the Website.
3.1. Payment terms
All Subscriptions are payable through Paypal and are subject to automatic renewal.
Subscriptions are prepaid for the duration of the subscription.
3.2. Duration
3.2.1. Beginning of the Subscription
Activation of the Subscription takes place upon receipt of the payment by the Company, that is to say at least one hour after the payment.
The Client is notified of this activation by e-mail, sent to the e-mail address provided upon Subscription. The Client must therefore provide a valid e-mail address. The Subscription starts on the day of activation.
3.2.2. Duration of Subscriptions
Subscriptions last one month or twelve months depending on the choice of the Client. The duration is calculated date to date.
All Subscriptions shall renew automatically for the same period unless terminated by the Client under the conditions set out in Article 3.3.1 below.
3.3. Termination
3.3.1. Termination by the Client
The Client can terminate his Subscription at any moment via Paypal. The termination will be effective at the expiration date of the subscription.
3.3.2. Termination by the Company
The Company reserves the right to suspend or terminate any Subscription in case of violation by the Client of the present Terms of Sales or Services, especially in case of payment default, fraudulent use or sharing content with non-subscribers.
This termination will be made without notice or compensation to the Client, which will be informed by e-mail sent to the e-mail address provided upon Subscription. Such termination shall not affect the right of the Company to request the granting of legal damages in compensation for any injury suffered.
3.4. Personal use of Subscription
The Subscription is personal and not transferable. The Client is solely responsible for the use of his Subscription that could be made by a third party. Any misappropriation in favor of a non-subscriber will systematically cause shutdown of the Subscription pursuant to Article 3.3.2 above, without compensation.
Article 4 Terms of sales – Other Products
This article shall apply to all other Products sold by the Company.
4.1. Payment terms
All Products are payable through Paypal or Transfer.
Article 5 No right of withdrawal
Purchasing any Product on the Website provides immediate access to digital content independent of any material support. Thus, in accordance with Article L. 121-21-8, 13°, of the French Consumer Code, the Client acknowledges and agrees that (i) the access to the Product begins upon confirmation of payment, before the end of the delay of fourteen (14) calendar days provided by the Consumer Code and (ii) he does not have the legal right of withdrawal related to distance selling.
Article 6 Intellectual property
The Company owns the Content published within the Products or has permission to share it.
All texts, photographs, images, graphics, logos, databases and any kind of Content whatsoever is protected under intellectual property. Reproduction in whole or in part, in any form whatsoever, is strictly prohibited. Such reproduction may constitute counterfeiting in accordance with article L. 335-1 et seq. of the French Intellectual Property Code and is punishable by a three years imprisonment and a EUR 300 000 fine.
Article 7 Responsibility
7.1. Use and reliability of the Content
The Content on the Website is intended for investors who have the necessary knowledge and experience to understand and appreciate the information developed. The Content is disseminated for information only.The information of any kind available on the Website or on other websites accessible from external links are from sources believed to be reliable. However, this information may contain inaccuracies, errors or omissions.
The Client understands and accepts that the use of the Website is under his sole responsibility, without any recourse against the Company.
The Company assumes no responsibility for any use that may be made of the information available, and the consequences that may result, including any decision taken on the basis of information contained in the Website, even in case of error or omission.
Analysis and data provided on the Website do not constitute an offer or solicitation to buy or sell financial products or services. In particular, they do not constitute an investment advice.
7.2. Access to the Website
The Company strives to provide access to the Website round the clock, 7 days 7, except in cases of force majeure or an event beyond his control, under reserve of any breakdowns and maintenance necessary to the proper functioning of the Website and Services.
The Company cannot be held liable for inability to access the Website or use of Services.
Article 8 Personal Data
8.1. Data processing
Information collected during registration on the Website are subject to a data processing intended for the proper performance of the services offered by the Website. This data is never sold to a third party.
8.2. Right of access, correction and objection
In accordance with the “Informatique et Libertés” law of 6 January 1978 amended in 2004, Members have a right to access and rectify their information. They also have the right to oppose, for legitimate reasons, the processing of their data. These rights may be exercised by mail (Batignolles Wizards, 1 sente de l’Arche 78510, France) or by email (contact@etfwave.fr).
Article 9 Miscellaneous
9.1. Digital Content Features
The Website is available on the latest versions of the major browsers.
Digital content provided has no digital lock which may prevent its consultation on certain devices.
9.2. Proof
Data recorded by the Website or Paypal and e-mails exchanged with Clients constitute proof of all transactions with the Company.
9.3. Terms’ evolution
These Terms are effective immediately as they are posted on the Website and apply to any Product purchase after that date.
The Company reserves the right to update these Terms at any time without notice. In case of modification of these Terms, the applicable Terms are those in force at the time of purchasing.
9.4. Applicable Law
Both the Website and its conditions of use, including access to and use of the Products, are governed by French Law, whatever the Client’s location and nationality.The contract is considered concluded at the Company’s headquarters.
In case of any dispute, and after the failure of all attempts at finding an amicable solution, the French courts of the Company’s headquarters will have jurisdiction to hear the dispute.
ETFWAVE LEGAL INFORMATION
Editor :
BATIGNOLLES WIZARDS
« Société par actions simplifiée » with a capital of 17,000 euros
Head office: 1, Sente de l’Arche 78510 TRIEL SUR SEINE
Tel: +33 6 50 98 84 51
RCS Versailles 821 339 355
VAT: FR 21 821 339 355
Director of publication : Christophe SCALABRE
Host : OVH, 2 rue Kellermann – 59100 Roubaix – France
last updated : 04 july 2017