General Conditions of Use
PREAMBULE AND ENFORCEABILITY
The website www.liqtrade.com is the exclusive property of the company LIQTRADE SAS, a simplified joint stock company under French law whose registered office is located at the Connector, 45 Av. du Président J F Kennedy in Biarritz (64200), registered in the Bayonne Trade and Companies Register under number 878194000, with share capital of €81,952.00, and whose intra-Community VAT number is FR29878194000 (hereinafter referred to as “LIQTRADE”), consulting firm and participatory investment intermediation via an electronic platform, registered under number 20002939 (https://www.orias.fr).
The user, client or investor, who wishes to use this site is presumed to have read the present general conditions of use of the platform www.liqtrade.com .
It is required at each connection to the site to take note of any developments and modifications of the latter.
These general terms and conditions of use for the platform are not general terms and conditions of sale or general terms and conditions of provision of services, LIQTRADE’s activity being limited to intermediation between the parties.
They are intended to be the rule to be followed by any user who visits the website www.liqtrade.com and wishes to assign or buy receivables via the electronic platform made available.
ACCESS AND CONTENT
The purpose of the www.liqtrade.com platform is to connect companies holding receivables and wishing to benefit from short-term financing.term through disposal of their receivables and investors wishing to finance in a participatory manner to the cash needs of companies holding future receivables.
The user acknowledges having read these general conditions of use and undertakes to respect the provisions thereof.
It is required at each connection to the site to take note of any developments and modifications of the latter. Access to the website is free and subject to the prior creation of a user account. Users’ access to website functionality is subject to verification and validation of their customer account. LIQTRADE reserves the right not to validate an account if the documents provided do not meet the conditions necessary for the validation or use of the platform, in particular documents relating to the verification of the identity and financial information of the applicant undertaking.
The user of the website without a personal account is prohibited from accessing the platform and undertakes not to enter or attempt to enter this space. Such access will be considered fraudulent access within the meaning of the provisions of the Penal Code.
A personal account consists, after verification and validation, of a user name, a password and a 6-digit code (PIN) provided by the platform.
If the user of the site did not have a user account enter such space, without right, inadvertently, he undertakes to inform the publisher of the site at the following address: tech@liqtrade.com The user of the website undertakes to consider that all data that he has become aware of during such access to the personal space are confidential data and therefore undertakes not to disclose them.
The user of the platform acknowledges having the competence and the means necessary to access and use this site, and in particular to have taken knowledge of the user guides made available to the transferring customers and investors.
LIQTRADE SAS, through its www.liqtrade.com platform, cannot be responsible for potential resulting losses:
– Quality of service, with service offered “as is”;
– Disruption of the use of the website;
– Inability to use the website;
– IT security breaches, which can cause damage to users’ computer hardware and data;
– Infringement of user rights in general.
LIQTRADE SAS makes every effort to offer users information or tools available but cannot be held responsible for errors, lack of availability of features or the presence of viruses on its site. The website is accessible 24 hours a day, 7 days a week.
The publisher of the website cannot, however, be held responsible for discontinuities of the website and its services, whether voluntary or not. In addition, for maintenance reasons, the website editor may interrupt access to its website and will endeavour to notify users beforehand.
LIQTRADE uses market information, internal calculation models and public information to ensure that the information available on the site is accurate and regularly updated. However, LIQTRADE SAS cannot guarantee the accuracy, completeness, and timeliness of the information published on its website and cannot be held responsible for any damage that may be caused by the use of this website.
The information and analyses provided by LIQTRADE SAS on its platform www.liqtrade.com are for information purposes only, based on theoretical models and cannot exempt the user from a complementary and personalised analysis or be considered as a guarantee of successful completion of investment operations. Consequently, the user acknowledges that he uses this information under his sole responsibility and acknowledges that the information provided is in no way a guarantee of payment or return on financing and investment transactions carried out on his platform.
LIQTRADE SAS reserves the right to delete, change or modify the calculation models and the content of the information on its platform at any time without notice.
LIQTRADE SAS cannot be held responsible for any damage, in particular damage resulting from the incorrect transmission of documents on the Internet, purchase or sale orders resulting from the misuse of the platform by the user.
LIQTRADE SAS reserves the right to review, delete, modify, validate or change, in whole or in part, any content sent to or displayed on the website. The user agrees to use the services of the site and all the information to which he may have access only for personal or professional reasons, for the purpose of obtaining financing through the sale of its assets or the purchase of assets in the context of its activity as an investor and for a purpose consistent with public policy, good morals and the rights of third parties. The user undertakes not to commit any act that could jeopardize the computer security of the platform or the computer system of other users. The user agrees not to interfere or interrupt the normal operation of the platform, not to deposit any files that could compromise the proper functioning of the platform and, more generally, any malicious act in order to affect the quality of service of the platform or its interruption. The user agrees, when requested, to fill in or modify only information concerning him, in a complete, accurate and up-to-date manner.
DATA PROCESSING AND FREEDOM
In particular, the user is informed that pursuant to Article 32 of the Data Protection and Freedoms Act, LIQTRADE SAS via its platform www.liqtrade.com , as the controller, implements the processing of personal data in accordance with the new data protection regulations (GDPR) with the following main purposes:
– Management of the access and operation of the service;
– Managing and monitoring the customer, user and prospect relationship;
– The proposal of solutions for sale and purchase of receivables;
– Linking of assigning users and receivables purchasers;
– Risk analysis, valuation of receivables via determination of platform and investor remuneration fees, reporting and statistics;
– Commercial prospecting
The customer certifies that he is also in compliance with the IT regulations and freedoms; the responsibility of LIQTRADE SAS cannot be engaged or sought in this regard, in particular in the processing of information related to invoicing and assigned receivables. The creation of a customer account and access to the personal space require the communication by the customer of personal and financial data. The customer undertakes to communicate only fair and lawful information. It shall keep LIQTRADE SAS informed, within a maximum period of 15 days, of any change in this information. The mandatory data collected via the forms on the website are indicated by an asterisk. In the absence of a response or if the information provided is incorrect, LIQTRADE SAS will not be able to accept or process the receivables submitted to its platform.
The data are intended for the authorised services of LIQTRADE SAS, its subsidiaries, its subcontractors and respective partners, or in general for the third-party companies involved in the implementation of solutions that may be of interest to the user. In addition, some of the data collected may be shared with commercial and contractual partners for investigation, analysis and commercial prospecting purposes.
In accordance with the provisions of the Law of 6 January 1978, the user whose personal data have been collected has a right of access, interrogation and rectification which allows him, if necessary, to have rectified, completed and updated, lock or erase personal data concerning him when they are inaccurate, incomplete, equivocal, outdated or the collection, use, communication or retention of which is prohibited.
The user also has the right to object to the processing of the data for legitimate reasons as well as the right to object to the use of the data for commercial prospecting purposes. The customer has the right to object, without charge, to the use of his data for such purposes. You may exercise your rights by e-mail with a copy of a signed identity document by contacting admin@liqtrade.com or by clicking here: https://liqtrade.com/contact . In addition, LIQTRADE SAS informs the obligors of customers wishing to assign their commercial receivables via the platform https://liqtrade.com that it collects personal data concerning them and that in application of the regulations, they also have the rights conferred on them by the Law of 6 January 1978.
The user of the site is obliged to comply with the provisions of the law on data processing, files and freedoms, the violation of which is punishable by criminal sanctions. In particular, with regard to personal information to which it accesses or may access, it must refrain from any collection, from any misuse in general, any act likely to be injurious to the privacy or reputation of persons.
INTELLECTUAL PROPERTY
The content of the site, the general structure as well as the software, texts, images, photographs, its know-how and all other elements composing the site are the exclusive property of LIQTRADE SAS, its subsidiaries or third parties who granted them a license. In particular, the user shall not modify, copy, reproduce, download, broadcast, transmit, commercially operate and/or distribute the services in any way, the pages of the website, or the computer codes of the elements composing the services and the website.
Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of LIQTRADE SAS, is prohibited and would constitute an infringement likely to engage the civil and criminal liability of the author. As a result, the User shall refrain from any act or act that may directly or indirectly infringe the intellectual property rights of LIQTRADE SAS. LIQTRADE SAS confers on the user a right of private, collective and non-exclusive use on the content of the platform. This right of use includes the right to reproduce for storage for the purposes of single-screen representation and reproduction for print. Any networking, any rebroadcasting, in any form, even partial, is therefore prohibited. This right is personal, it is reserved for the exclusive use of the user. It is not transferable in any way.
The user therefore undertakes to:
– Download the contents of the website on your computer only for personal and limited use;
– Print the pages of the downloaded website on paper only if the said copies are strictly limited to personal use.
The same applies to the databases on the website, which are protected by the articles of the French Intellectual Property Code. The same applies to the databases on the website, which are protected by the articles of the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the site without the express authorization of LIQTRADE SAS is therefore prohibited, within the meaning of the Intellectual Property Code.
APPLICABLE LAW – JURISDICTION
French law applies to both formal and substantive rules.
ANY DISPUTE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE SHALL FALL WITHIN THE JURISDICTION OF THE FRENCH COURTS.
GENERAL CONDITIONS OF USE
LIQTRADE SAS reserves the right to modify and update these Terms of Use at any time and without prior notice.
The user is therefore invited to consult them regularly.
Date of last update: 01/11/2019