Article 1. Object
The purpose of these General Terms of Use (hereinafter the “GTU”) is to define the conditions of use of the website, accessible to the public at the following url address https://ouinex.com/ (hereinafter the “Website”), of the company Ouinex (hereinafter the “Company”).
The purpose of this Website is to:
- provide users of the Website (hereinafter the “Users”) with information about the Company’s activities and services, as well as news (events, publications, etc.);
- offer functionalities and/or information enabling Users to contact the Company and presenting the services offered by the Company, the projects carried out by the Company as well as upcoming projects, or the team working on these projects;
- conduct one-off fund-raising operations, particularly by issuing a tokens public offering as governed by articles L.552-1 to L.552-7 of the French Monetary and Financial Code.
The Company also administers pages on social media presenting its business and enabling it to publish content as well as interact with Internet users (notably on Facebook, Instagram, Twitter, YouTube, Pinterest, LinkedIn, etc.).
Article 2. Scope of application
These GTU apply, without restriction or reservation, to the use of the Website made available to Users.
The use of the Website implies full and complete acceptance of the GTU.
These GTU are accessible at all times on the Website and will prevail, if necessary, over any other version or conflicting document.
These GTU may be modified at any time to take account of technological developments and User expectations.
Users of the Website are therefore invited to consult them on a regular basis.
Article 3. Website
The information contained on the Website has no contractual value and is provided for information purposes only. The Company reserves the right to modify the characteristics of the Website at any time and without prior notice. In any event, this information should not be construed as investment advice, a solicitation, or an offer to buy or sell any product or service. The information contained in this Website shall not be construed as a public offer, a solicitation, investment advice or canvassing on the part of the Company with respect to Users of the Website.
The services and products presented on the Website may be subject to restrictions in certain countries or with regard to certain persons. However, all Users of the Website must check beforehand with their usual advisors, if applicable, that they are entitled to subscribe to the services and products presented considering their tax and legal status.
In order to use the Website, the User formally accepts these GTU.
Article 4. Parties’ respective obligations
The Company is bound by the terms and conditions stipulated in these GTU. The Company provides the User with the Website, including access to the Website, and is therefore subject to an obligation of means.
In particular, the Company strives to maintain accessibility to the Website.
The User has ensured that the Website and the services are suited to his/her needs, that they correspond to his/her expectations and that he/she has the technical and financial skills and knowledge, as well as the necessary IT environment, to properly use the Website.
The User is bound by the terms and conditions of these GTU. The User is solely responsible for their use of the Website and the services.
The User is obligated to use the Website and the services in accordance with applicable legal and regulatory provisions and must not use the Website for unlawful or illegal purposes, nor for purposes other than those for which the Website is made available to the User.
In the event of non-compliance with these GTU by the User, the Company reserves the right to temporarily or permanently suspend their access to the Website.
Article 5. Liability
The information provided on the Website is given for information purposes only and without guarantee of any kind, as errors and omissions may occur. The Company shall not be held liable for any errors or omissions. This information, such as price indications, may be modified or updated without prior notice.
Similarly, external hypertext links established on this Website and the content of third-party sites to which they point cannot engage the Company’s liability.
The User uses the Website at their sole responsibility. In no event shall the Company be liable for any direct, indirect, special, incidental or consequential damages whatsoever arising out of the content or use of this Website and/or any of the sites linked to it (including but not limited to access or inability to access any of these sites), including but not limited to any operating, financial or commercial loss, loss of programs and/or data, particularly in the User’s information system of the Website.
Article 6. Personal data protection
The Company undertakes to ensure the security of any personal data it may process and store.
The processing of information communicated via the Website complies with legal requirements for the protection of personal data, with the information system used ensuring optimum protection of such data.
In accordance with current national and European regulations, the User has a permanent right of access, modification, rectification, opposition, portability, and limitation of the processing of information concerning them.
This right may be exercised under the terms and conditions described on the Website at https://ouinex.com/privacy-policy/.
Article 7. Cookie policy
During browsing and interaction on the Website, cookies, tags, pixels or other tracking technologies (hereinafter referred to as “Cookies”) may be installed on the User’s computer or device, subject to the choices and options that the User has expressed or may express at any time in accordance with the Cookies management policy.
A Cookie is a small information storage and retrieval file, typically consisting of alphanumeric characters (i.e., letters and numbers), deposited by a web server on the User’s computer or electronic device to send status information to the browser and to obtain such information in return from the browser.
Cookies usually enable obtaining certain information about the User’s browsing habits, computer or device, in order to improve the content and service offered by the Website, monitor the traffic on the Website and provide internet users with personalized services.
For all information relating to Cookies, the User is invited to consult the Company’s policy at the following address: https://ouinex.com/cookie-management-policy/.
Article 8. Intellectual property
The general structure of the Website, templates and skeletons used on the Website, as well as the information, pictograms, photographs, images, texts and other documents that constitute or are accessible on the Website, are subject to the laws protecting intellectual property, as the Company owns them or holds the corresponding exploitation rights for the purposes of this Website.
In this respect, any reproduction, representation, adaptation, translation and/or transformation, in whole or in part, of the Website or of one or more of its components, by any means, without the prior written authorization of the Company, is prohibited, and would constitute an infringement punishable in particular by articles L.335-2 et seq. of the French Intellectual Property Code, liable to incur the civil and/or criminal liability of its author.
The partner brands featured on the Website have been subject to an agreement with the said partners.
Article 9. Partial nullity
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.
Article 10. Identification – Contact
Contact information for the Company is as follows:
- Company name: Ouinex
- Trade name: Ouinex
- R.C.S.: 911 669 828 (Paris)
- VAT ID: FR18911669828
- A public limited company with a Board of Directors and share capital of 47 059,00 €
- Head office: 229 rue Saint Honoré, 75001 Paris
- Legal representative: Mr. Ilies Larbi
- Website: https://ouinex.com
- Email contact: (please complete).
Article 11. Language – Applicable law – Jurisdiction
THIS SITE IS GOVERNED BY FRENCH LAW. THE CONTENTS OFFERED ARE THEREFORE IN COMPLIANCE WITH CURRENT FRENCH LEGISLATION. THE SITE PUBLISHER SHALL NOT BE HELD LIABLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION.
THESE GENERAL TERMS OF USE AND THE RELATIONSHIP BETWEEN THE COMPANY AND THE USER ARE ALSO GOVERNED BY FRENCH LAW. THIS APPLIES TO BOTH SUBSTANTIVE AND PROCEDURAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.
IN THE EVENT OF ANY DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THESE GTU, THE PARTIES SHALL MAKE THEIR BEST EFFORTS TO FIND AN AMICABLE RESOLUTION. IN THE ABSENCE OF AN AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE GTU OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE WEBSITE. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.
THESE PROVISIONS RELATING TO APPLICABLE LAW AND JURISDICTION ARE SUBJECT TO ANY MANDATORY PROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER CODE.
EXCEPTIONALLY, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN THE COMPANY AND A COMMERCIAL USER WITHIN THE MEANING OF ARTICLE L121-1 OF THE FRENCH COMMERCIAL CODE, THE DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, REGARDLESS OF THE NUMBER OF DEFENDANTS OR WARRANTY CALL, EVEN FOR URGENT OR PROTECTIVE PROCEEDINGS, WHETHER IN CHAMBERS OR BY PETITION.