GENERAL TERMS AND CONDITIONS OF SALE MARKETSCREENER.COM

 

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.

These Terms and Conditions of Sale govern the sale of products and services offered on the MarketScreener.com online news service (hereinafter "the Website"). They apply, without restriction or reservation, to any purchase by a user of the Website (hereinafter "the Client"), regardless of his nationality, location, or the methods of his purchase.

The publishing company of MarketScreener.com is SURPERFORMANCE SAS (hereinafter "the Company"), a simplified joint stock company with a capital of 414,501 euros, whose registered office is located at 17 avenue d'Albigny in Annecy (74 000) and registered with the Annecy Trade and Companies Register under the number 439 430 059.

By validating his order on the Website, the Client 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 services and content offered by the Website are reserved for persons legally capable of contracting.

 

ARTICLE 1. PRODUCTS AND SERVICES

1.1. Access to Contents

The Company offers on its Website a wide range of editorial content, stock market and financial data, and tools (hereinafter, together, "the Contents"), some of which are accessible by subscription or on a pay-per-use basis.

The Company thus offers several Subscription packages, giving access to various levels of Contents. The exact content of each Subscription package, as well as the description of the other products and services offered, is available at any time on the Website, which the User is invited to consult before placing an order, in order to know the essential characteristics of the product or service subscribed to. The Company reserves the right at any time, and without prior notice, to change, modify, suspend, or discontinue all or part of a product or service, including Subscriptions.

1.2. Test  features

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

 

ARTICLE 2. PRICES

2.1. Rates

The prices are accessible on the Website, in Euros or other legal currency according to the edition consulted by the Client. They are understood to be “All taxes included” for all Contents. In any event, they do not include the costs related to the equipment and electronic communications necessary to subscribe to and use the services, said costs remaining the responsibility of the Client.

2.2. Rates changes

The applicable rate is the one in force on the day of the validation of the order, as it is mentioned in the payment form.

Prices are subject to change at any time. Nevertheless, in the case of Subscriptions, the Company will notify the Clients before applying a rate increase, 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 5.1 below, the rate change will be applied automatically for the next installments.

2.3. Modification by the Client during the Subscription period

The Client may change his package at any time during the Subscription period, by going to his account management area. The upgrade will take effect immediately and will result in the billing of the related costs, prorated to the remaining Subscription period. The package reduction will take effect on the next billing date.

The Client can also modify the duration of his Subscription in his account management area. The change will take effect at the next billing date.

As an exception, if the Client wishes to upgrade at the same time as increasing the duration of his Subscription, the change in duration shall take effect immediately. The Client will be billed at the same time for the price of the new package chosen, less the pro rata price of the remaining Subscription.

2.4. Promotional offers

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

The Offers:

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

ARTICLE 3. PAYMENT TERMS

For all products and services offered on the Website, the payment is made by one of the following means at the choice of the Client: credit card, via the secure solution Stripe, or Paypal. The data provided at the time of payment is neither known nor kept by the Company.

The payment of the Subscriptions is made in arrears, it takes place at each renewal date of the Subscription. It is the Client's responsibility to update his payment method to allow for the billing of his next due date. Failure to do so will result in the suspension of the Subscription in accordance with article 5.2 below until full payment is made.

 

ARTICLE 4. DURATION

4.1. Provision of the Content

The Content is made available upon receipt by the Company of the payment. The Client is informed of the confirmation of his order by sending an e-mail to the e-mail address provided when ordering. The Client must therefore provide a valid e-mail address.

4.2. Duration. Automatic renewal .

The duration of the Subscription is calculated from date to date from the day of its activation.

It is tacitly renewable for an identical period, unless terminated by the Client under the conditions set out in Article 5.1 below.

 

ARTICLE 5. TERMINATION

5.1. Termination at the Subscriber's initiative

The Subscriber may terminate his/her Subscription at any time, in his/her account management area. The termination will be effective on the Subscription's expiration date.

5.2. Termination at the initiative of the Company

The Company reserves the right to suspend or terminate any Subscription in the event of non-compliance by the Client 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 done without notice or compensation for the Client, who is informed by e-mail sent to the e-mail address provided at the time of subscription.

Such termination shall not affect the Company's right to seek damages for any prejudice suffered.

 

ARTICLE 6. RIGHT OF WITHDRAWAL

In accordance with Article L 221-28 of the French Consumer Code, the Client has a right of withdrawal for a period of 14 days from the date of subscription to the Subscription, unless he/she has expressly waived his/her right of withdrawal in order to access the Contents before the expiry of said period.

 

ARTICLE 7. INTELLECTUAL PROPERTY

The Editor is the exclusive owner of the intellectual property rights on all the elements composing the Website - such as, in particular but not exclusively, the texts, photographs, images, audio or video recordings, databases but also structure, data-processing code or graphic charter of the Website - or is duly authorized by providers of information or data (hereafter "the Providers") to diffuse them.

Whether they are the property of the Editor or a Provider, all the Contents constitute works protected under the intellectual property, whose reproduction, transmission, redistribution, translation, or exploitation, even partial, in any form whatsoever, including non-commercial, is strictly prohibited and is likely to constitute the offence of counterfeiting.

The Subscription, personal and non-transferable, is intended for personal and non-commercial use. The Client 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 of a non-subscriber third party will systematically result in the termination of the Subscription in accordance with article 5.2 above, without compensation.

 

ARTICLE 8. RESPONSIBILITY

8.1. Limitation of liability

The Contents are intended for investors who have the knowledge and experience necessary to understand and appreciate the information they contain. It should not be considered, in any way whatsoever, as advice or decision-making assistance.

Investing in financial markets involves risks and may result in losses greater that capital. By subscribing to the services offered by the Company, the Client has access to the financial transactions carried out by the Company within the framework of real portfolios. The operations carried out as well as the selections made available are provided for information purposes only and do not in any way represent an investment obligation or an offer or solicitation to buy 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 error, omission, inappropriate investment, or market evolution 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 to access the Contents. In any event, the Company shall only be liable for compensation for direct, certain, actual, and proven damages, excluding in particular any loss of opportunity or loss of profit.

8.2. Access to the Website

The Company endeavors to allow access to the Website 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 Website.

The Company shall not be held liable in the event of impossibility of accessing the Website or using the Contents.

 

ARTICLE 9. PERSONAL DATA

The information collected at the time of the order is processed electronically for the proper execution of the services offered by the Company. The terms and conditions of this collection and processing are described in the Website’s Privacy Policy.

 

ARTICLE 10. FINAL PROVISIONS

10.1. Digital content features

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

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

10.2. Method of proof

The data recorded by the Website, the payment service provider, the Accounting Department and the emails exchanged with the Clients have probative value with regard to the orders placed and the fulfillment of their obligations by the parties. Such data shall be admissible and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document drawn up, received or kept in writing.

10.3. Duration and evolution of the General Terms and Conditions

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

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

10.4. Applicable Law and Dispute Resolution

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

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

The Client Service Department is the preferred contact for all complaints:

SURPERFORMANCE SAS – Customer Service
17 avenue d’Albigny
74 000 Annecy - FRANCE
Contact us

In the event of a dispute, and after the failure of any attempt to find an amicable solution, the French courts of the Company’s headquarters shall have sole jurisdiction to hear the dispute.

 

Date of last modification: 24.10.2022