GENERAL TERMS AND CONDITIONS OF USE OF THE EUROQUITY SERVICE
These general terms and conditions of use (hereinafter the “Terms and Conditions of Use” or “T&Cs”) constitute a contract and govern the use of the EuroQuity platform, service and website, and the relationship between:
The Users, Organisations, Communities, Community Operators and labels as defined in Article 1 below,
Party of the first part
And the National Operators, as defined in Article 1 below,
Party of the second part
Hereinafter referred to individually as “the Party” or “the Parties”.
WHEREAS
Bpifrance, a public limited company with share capital of €5,440,000,000, registered with the Créteil Trade and Companies Register under number 320 252 489, whose registered office is located at 27-31, avenue du Général Leclerc – 94710 Maisons-Alfort Cedex, acting in its own name and on behalf of its subsidiaries, acting in the name and on behalf of its subsidiaries (hereinafter “Bpifrance”), has set up a digital platform called “EuroQuity” (hereinafter “the Service”) with the objective of connecting professionals (companies, project directors, consultants, etc.) with potential investors in order to enable them to raise funds, at all stages of the company’s life (start-up, creation, growth and development, transfer), to invest in other companies, and/or to enter into partnerships (commercial, technological and industrial). The Service is available at the following URL: https://www.euroquity.com
Access to the Service is provided in a secure manner, in accordance with current best practices, and uses Internet technologies.
The Service may offer its members invitations to events, including participating in quick company presentations with a view to investment (known as “Pitches”).
If the User refuses to comply with any of the obligations and conditions contained in the T&Cs, they must waive the right to use the Service.
The Service is provided to the User free of charge, in a confidential and secure manner, in accordance with the rules applicable to Internet technologies by the National Operator, as defined in Article 1 below.
1. DEFINITIONS
Access: The right to access the Service and to use some or all of the functionalities of the Service in accordance with these Terms and Conditions and those proposed by the Service User interface.
Adviser: A User who carries out a professional activity consisting of advising third parties with respect to their own activities (chartered accountant, lawyer, financial investment adviser, etc.) and who, in this capacity, is responsible for assisting other Users with their projects.
Agreement: These Terms and Conditions as well as any other document that the User accepts with respect to the use of the Service.
Algorithm: description of a sequence of steps used to obtain a result from input elements. For an algorithm to be implemented by a computer, it must be expressed in a computer language, in the form of software (often also called an ‘application’). Software generally combines a number of algorithms: for entering data, calculating results, displaying them, communicating with other software, etc.
Applications Library: A database of various digital applications published by third parties, which allows Users to receive additional services (payable or not) offered by these companies (such as crowdfunding services for example).
Artificial intelligence: a logical and automated process, generally based on an algorithm, capable of carrying out well-defined tasks. The European Parliament defines artificial intelligence as any tool used by a machine to ‘display human-like capabilities such as reasoning, learning, planning and creativity’. More specifically, the European Commission considers that AI encompasses machine learning approaches, logic and knowledge-based approaches, statistical approaches, Bayesian estimation, as well as search and optimisation methods.
Community: A Group managed by a Community Operator that brings together Organisations that have something in common (business, territory, etc.) and whose operating rules are defined by the Community Operator.
Community Operator: Bpifrance, Partner of Bpifrance or another national Operator responsible for ensuring, via its authorised User, the implementation, management and coordination of a Community, taking responsibility for this and, in this respect, defining the operating rules. The Community Operator is an “Organisation”.
Electronic Data Room: A space for storing Information reserved for designated Users.
Fundraising history: History of fundraising carried out by a given User, whether through the Service or not.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
General Terms and Conditions of Use or T&Cs: these General Terms and Conditions of Use of the Service and the EuroQuity Website.
Individual User: A User who acts independently on the Platform (i.e., who is not attached to an Organisation registered on the Platform) by creating a simplified Profile by which they can be identified by other Users. Individual Users only have Limited Access.
Information: Data (personal, professional, etc.) and content (videos, photographs, documents, notes, etc.) entered and/or published within the Service, which may, at the User’s discretion, be classified as confidential.
Investor: A User who may or may not be attached to an Organisation and who seeks investment opportunities through the Service.
Label: Recognition symbol conferred on an Organisation that the User may display on their Profile subject to prior validation by the Operator of the label.
Label Operator: Partner of Bpifrance or another national Operator, responsible for ensuring, via its authorised User, the management of the Label Profile and managing the organisation’s connection to this Label. The Label Operator is an “Organisation”.
Machine learning: is a field of study in artificial intelligence that aims to give machines the ability to ‘learn’ from data, using mathematical models. More precisely, it is the process by which relevant information is drawn from a set of training data. The aim of this phase is to obtain the parameters of a model that will achieve the best performance, particularly when performing the task assigned to the model. Once training has been completed, the model can then be deployed in production.
“My Bpifrance Account” platform: Platform provided by Bpifrance that allows Users to log in and authenticate themselves so they can access the Platforms offered by Bpifrance, including the EuroQuity Service.
National Operator: A legal entity responsible for implementing the Service for a designated territory. The National Operator shall be responsible for the Service for said territory, within the limits defined in these Terms and Conditions.
Thus, the National Operator for the Service is Bpifrance, a public limited company with share capital of €5,440,000,000.00, registered with the Créteil Trade and Companies Register under SIREN number 320 252 489, +33 (0) 1 41 79 80 00, euroquity@bpifrance.fr; with the exception of the Service operated in Belgium for which the National Operator is Wallonie Entreprendre SA, avenue Maurice Destenay, 13 – 4000 Liège, BE 0793.630.244, RPM Liège, +32(0)4/237.07.70, info@wallonie-entreprendre.be
Organisation: A professional entity, regardless of its legal form and with or without legal personality, to which one or more Users are attached.
Organisation Administrator: A User or Users with authority to manage an Organisation’s account within the Service.
Profile: Identity file containing information relating to the User, Organisation, Label or Community.
Restricted Access or Limited Access: The right to access the Service solely in order to view the information available, without the right to interact with other Users.
Service or EuroQuity Service: The digital platform (referred to as EuroQuity) used to connect professionals (companies, project directors, advisors, etc.) with potential investors in order to enable them to raise funds in particular.
User: Any User of the Service, regardless of their status (Organisation, Organisation Administrator, Individual User, Community Operator, Label Operator, etc.) and the Access available to them. The User may act individually or on their own behalf and on behalf of an Organisation.
Website: An Internet or mobile site from which the Service is accessible.
2. ACCESS TO AND USE OF THE SERVICE
2.1 Access to the Service
These Terms and Conditions govern the procedure according to which the User may access some or all functionalities of the Service.
The T&Cs must be accepted before accessing the content of the Service.
The Service is available from the following URL: https://www.euroquity.com
2.2 Terms of Access to the Service
2.2.1. Any User with access to the Internet and the required technical equipment may access the Service, if they meet the cumulative conditions defined in this article.
The User is informed that all costs related to access to the Service and the Internet, such as the costs of hardware and subscription to an Internet service provider, plus any taxes, shall be borne exclusively by them.
2.2.2. Accessibility
2.2.2.1. Any User with access to the Internet and the required technical equipment may access the Service, if they meet the cumulative conditions defined in this article.
The User is informed that all costs related to access to the Service and the Internet, such as the costs of hardware and subscription to an Internet service provider, plus any taxes, shall be borne exclusively by them.
The Service uses the “My Bpifrance Account” Platform to manage the User login and authentication processes.
Internet users wishing to access the EuroQuity Service must first read and accept the specific General Terms and Conditions of Use of the “My Bpifrance Account” Platform containing, in the Article “Protection of Personal Data”, the information specific to way this platform processes their personal data.
Once authenticated via the “My Bpifrance Account” Platform, the Internet user must formally accept the General Terms and Conditions of Use of the EuroQuity Service in accordance with the terms and conditions set out in Article 2 of these T&Cs. They then become a User of the Service.
2.2.2.2. The Service is accessible to Users around the world, who must use the Service in accordance with the domestic laws applicable to them.
Some Users may, depending on their country of domicile or registration as an Individual User, have limited access to certain features of the Service.
The Service is provided by two National Operators but it is nevertheless intended to be deployed in the future by other National Operators in order to allow Users throughout the world to benefit from access to all of its functionalities.
Each National Operator shall be solely responsible for the version of the Website that it operates.
Accordingly, Bpifrance may not be held liable either for the relationships between a National Operator and the Users of the version of the Website and the Service for which that National Operator is responsible, or for any facts or actions carried out or arising during the term of these relationships.
The User must then follow the procedure indicated on the Website, filling in the mandatory fields and choosing one of these options:
• Either request to be attached to an Organisation that is already registered;
• Or request to create an Organisation that has not yet been registered for the Service;
• Or register as an Individual User. In this case, the User may only browse the Website in Limited Access mode (ability to view available information without being able to interact with other Users).
If the User requests to be attached to an Organisation, they must request approval of this link from an Administrator of this Organisation in accordance with the terms and conditions provided for on the Website.
Once the Administrator has confirmed the attachment, the User will have Access rights to the Service.
If the User requests to create an Organisation that is not yet registered with the Service, they may:
• Either ask an authorised third party to register the Organisation;
• Or register the Organisation themself if they have the authority and power to do so. In the latter case, the User shall become an Administrator of this new Organisation and shall be deemed to accept the General Terms and Conditions of Use in the name and on behalf of this Organisation.
If they register as an Individual User, they will be directed to a simplified Profile that will be automatically created within the Service.
Once all the required fields have been completed, the User must check the accuracy of the information provided and then validate the form.
2.2.3. Management of username and password
2.2.3.1. In order to ensure the confidentiality and security of the Service, for logging into and authentication on the “My Bpifrance Account” Platform and then on the EuroQuity Service, the User must use a username and password in order to maintain strict confidentiality. The password is subject to the rules of complexity defined by Bpifrance in accordance with the latest technology. These are communicated to the User by means of a notice displayed on the password creation page.
The User is informed that in the absence of a password definition that complies with the requirements defined by Bpifrance in accordance with the latest technology, access to the Service will not be authorised.
The User must not disclose their username and/or password to anyone.
The User is solely responsible for protecting the privacy and security of their username and password.
If they lose their password, they may request a new password to be sent to the email address chosen as their primary email address, or, by default, to the email address provided when registering.
2.2.3.2. In the event that the User is unable to enter their password, Bpifrance shall provide them with a link enabling them to request a password reset. The User’s new password shall be subject to the complexity rules defined by Bpifrance.
Any login to the “My Bpifrance Account” Platform and then any login to and use of the Service using these usernames and password is deemed to have been made by the User themself.
In the event that a third party uses their username and/or password, the User must immediately notify the National Operator, using the function available for this purpose within the Website.
The User is responsible for their use of the Service and for all actions performed on the Website using their username, unless their account is used after they have unsubscribed or after the National Operator has been notified of the unauthorised use of their account.
The User must change their password regularly to ensure a high level of security.
The User must not use a simplistic password (such as 123456).
If the User is a legal entity, it must implement appropriate measures to ensure that its employees, agents and/or representative(s) fulfil the obligations stipulated in this clause.
2.3 Generative Artificial Intelligence
2.3.1. Generative Artificial Intelligence functionality included on the Website
The Website uses a generative Artificial Intelligence system designed to offer Users suggestions to put the User and professionals who are members of the said Website in touch with each other (hereinafter ‘the System’). This System is based on the model proposed by Microsoft Azure OpenAI, it uses Machine Learning Algorithms to analyse and interpret the data provided by the User, establish a rationale justifying the suggestions established by the System, and generate a list of suggestions (hereinafter the ‘Suggestions’).
Suggestions will be generated by the System solely on the basis of data entered by the User on the Website.
The data transmitted to the Website by Users will not be used to retrain the System.
By using the System, Users acknowledge that some of the data transmitted during its use may be accessed by Microsoft in accordance with its standard contractual conditions, in particular for debugging purposes, to monitor and prevent abusive or harmful use or results from the System.
Users cannot deactivate the System by using the Euroquity Service.
2.3.2. Use of the System
Users are informed that the System may contain biases, hallucinations and errors and that, as such, its use may entail risks, such as the production of Suggestions that are inadequate, incorrect, inaccurate or even irrelevant to the intended purpose. Users acknowledge the limitations and accept the risks of using the System as described and that these do not exempt them from exercising discernment, caution and verification.
Users are solely responsible for their use of the recommendations provided by the System and for checking the relevance of the Suggestions.
Bpifrance does not guarantee the accuracy or relevance of the Suggestions.
3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
By registering for the Service, the User undertakes to read these General Terms and Conditions of Use, including the provisions relating to personal data, and to unreservedly accept all the provisions thereof by ticking the box provided for this purpose.
Thus, by clicking on the box “I accept these T&Cs and I certify that I have read the provisions relating to the processing of my personal data”, the User acknowledges, in their name and on behalf of the Organisation they represent:
• That they have read and expressly accept them;
• That they shall comply with them at all times and in all circumstances from the first use of the Service;
• That they are fully aware of their obligations and the responsibilities arising therefrom;
• When acting on behalf of an Organisation, that they bind the Organisation for which the User acts;
• Certify that they have read the provisions relating to the processing of personal data in accordance with Article 22 of the General Terms and Conditions of Use; (hyperlink to Article 22 “Protection of Personal Data” of the T&Cs)
◦ The User hereby warrants to Bpifrance and the other Bpifrance Group companies that they have obtained the prior consent of other persons whose personal data they may enter on the EuroQuity Service and that they have informed such persons of the processing carried out and the procedures for exercising their rights.
• The User represents and warrants that they have the legal capacity to enter into this Agreement and, if the User is the representative of a company or any other organisation with legal personality, the User must be authorised to act in the name and on behalf of that company or organisation.
4. TECHNICAL PREREQUISITES FOR ACCESSING AND USING THE SITE
4.1 The User is informed that the Website is compatible with the standard browsers and versions on the market. Consequently, if the User uses an obsolete browser or version, they may encounter difficulties in accessing or using the Website
Bpifrance only makes available a Website “as is”. It is up to each User to ensure that it complies with their needs and those of the Organisation they represent.
4.2 The device used by the User to access the Website must have a regularly updated operating system and Internet browser that are capable of operating with HTML5-compatible web applications.
4.3 The User undertakes to check that the configuration of their browser and operating system allows them to use the Website. The User is responsible for resolving any bug affecting their browser and/or operating system. The same applies to the detection and management of any virus likely to affect the User’s device. It is the User’s responsibility to ensure that they are able to access the Website securely. The User shall take all necessary measures to ensure the protection of their hardware, software and data, in particular to prevent any contamination by a virus or other malicious computer program.
4.4 The User is informed that access to the Website may be interrupted or disrupted for any reason whatsoever and that Bpifrance cannot under any circumstances be held liable for such interruptions or disruptions.
4.5 For any questions relating to the technical use of the Website, the technical support team may be contacted by email at the following address: contact@euroquity.com.
5. RIGHT OF ACCESS TO THE SERVICE
The National Operator grants the User a right of Access to the Service.
This right of Access is granted exclusively for the User’s business needs and within the limits stipulated herein. It is strictly personal and may not be assigned or otherwise transferred.
This right of Access is restricted for certain categories of Users.
6. PROFILE
6.1 User Profile
Users must complete their Profile, which will appear visibly on the Service, with the Mandatory Information indicated on the Service, such as their surname, first name, email address, business telephone number and gender.
The User is advised to fully complete their profile. The User is free to enter or not on their Profile optional information relating to their professional career, skills, working languages, place of residence, photograph, social networks through which they communicate, their professional objectives, where applicable, their status and role in the Organisation to which they are or intend to be attached, etc.
Their business card will automatically appear on their Profile.
The User may modify the Information published on their Profile, including personal data, at any time.
The User may also translate their Profile using the designated function.
6.2. Organisation profile
The Organisation Profile is managed by one or more Organisation Administrators who are the only ones able to create and modify the Information posted on this Profile and manage the visibility of such Information, whether in the Service or on the public page of the Website.
Any Administrator of the Organisation warrants that they have the powers and authority to manage the Profile of the Organisation in the name and on behalf of the Organisation.
The following will automatically appear on the Organisation’s Profile:
• the Labels awarded to the Organisation;
• the Communities to which the Organisation belongs;
• Its network of relationships (and in particular the name of its customers and/or suppliers, subject to their agreement after notification sent to them) by a User of an Organisation;
• Events related to its activity;
• Users who have subscribed to the Organisation’s page
The Administrator of the Organisation may choose, through the functionality provided for this purpose, to provide other information relating to the Organisation. Using this system, the Administrator of an Organisation seeking funds may, under their sole responsibility and that of their Organisation, post and make visible, on behalf of the Organisation, videos presenting the project for which the Organisation seeks funds, provided that the Organisation holds all intellectual property rights thereto and has obtained the necessary authorisations for the use and publication of the video, particularly those relating to image rights.
Any change of a User who has the capacity of Administrator of an Organisation must be effected in advance so that the Organisation does not find itself without an Administrator on the Service.
Any Administrator of the Organisation may ask the National Operator to withdraw its Organisation from the Service in accordance with the terms and conditions set out in the article “Termination” of these T&Cs.
The lack of any Administrator for an Organisation shall prevent any action by the said Organisation on the Service. An absence over a period of more than six months shall constitute a request to withdraw the Organisation from the Service in accordance with the “Termination” article of these T&Cs.
6.3. Community profile
The Community Profile is managed by the Community Operator, who is the only one able to create and modify the Information published on this Profile and manage the visibility of this Information, whether in the Service or on the public page of the Website.
The Community Operator warrants that they have the authority and powers to manage the Community’s Profile in the name and on behalf of the Community.
6.4. Label profile
The Label Profile is managed by the Label Operator, who is the only one able to create and modify the Information published on this Profile, whether in the Service or on the public page of the Website.
The Label Operator manages the attachment of Organisations to this Label.
7. VISIBILITY OF PROFILE INFORMATION
7.1. Organisation profile
Certain Information relating to the Organisation is public and visible to all, including to Limited Access Users, whether in the Service or on the public page of the Website.
However, the Administrator of the Organisation has the ability to control the visibility of certain elements of the Organisation’s Profile Information (see article “Organisation Profile” in these T&Cs).
7.2. Community profile
The Community Operator can control the visibility of the Community Profile either in the Service or on the public page of the Website.
8. VISIBILITY OF THE USER WITHIN THE SERVICE
Each User is identifiable and may be contacted by other Users with unrestricted Access.
9. FUNCTIONALITIES OF THE SERVICE and ASSOCIATED RESPONSIBILITIES
The main functionalities of the Website, which the National Operator may add to, delete or modify at its discretion, are as follows:
9.1. Electronic Data Room
The Administrator of an Organisation can publish Information on the Website by means of an electronic Data Room.
The Administrator of an Organisation and the Organisation itself are fully responsible for the Information that the Administrator of the Organisation publishes on the Website and accordingly in the Service.
Any Administrator of an Organisation undertakes to respect business secrecy and to respect the confidentiality of the Information available on the Data Room.
The National Operator shall not be liable in any way for the disclosure and publication of Information made by an Administrator of an Organisation.
9.2. Connections
The User may ask another User with whom they are connected to confirm their connection or receive requests to that effect.
A connection will be established on the Website following confirmation by the relevant User.
9.3. Liking and following
The User may express their support for another User using the “Like” button provided for this purpose.
The User may track the activity of another Organisation by clicking on the “Follow” button provided for this purpose.
9.4. Suggestions
The User authorises the National Operator to suggest events for them (trade fairs, conferences, etc.) on the Website, potential connections with other Users and various other actions and/or operations that might be of interest to the User.
9.5. Messaging System
The User is provided with a personal internal messaging system that can be used to communicate with other Users.
The User has the option of configuring their email settings according to the terms and conditions specified on the Service.
10. JOINING A COMMUNITY
Organisations may join a Community.
Authorisation may or may not be requested, depending on the Community.
Where authorisation is requested by the Community, the Organisation, through its Administrator, must apply to the Community. Its connection to the Community must then be validated by the Community Operator.
The User must adhere to the Community Charter and comply with all the provisions thereof.
The internal operations of the Community are the exclusive responsibility of each Community Operator, not of the National Operator.
11. SERVICE IMPROVEMENT
The National Operator reserves the right to modify all or part of the Service at any time, without implicating its liability in that respect.
12. SURVEYS
The National Operator reserves the right to conduct surveys with Users concerning the quality of the Service and the results obtained using the Service.
The National Operator warrants that all replies to such surveys will be processed anonymously.
13. SUITABILITY OF THE SERVICE TO THE NEEDS OF USERS
The purpose of the Service designed by Bpifrance and provided by the National Operator is to meet the needs of the largest number of Users.
Consequently, it is the User’s responsibility to ensure that the Service is suitable for their own needs and those of their Organisation.
The User, on behalf of themself and on behalf of the Organisation they represent, acknowledges that the Service does not constitute, in any way, on the part of the National Operator:
• Fundraising or partnership advice;
• Provision of a brokerage service for business opportunities; or
• A recommendation or offer to buy, sell or subscribe for financial products.
The National Operator’s role is not to assist Users, to provide Users with advice or even to facilitate any service or operation between Users of the Service.
Each User is solely responsible for deciding whether or not to enter into a business relationship, to invest, to make public offerings, or to seek or give advice.
Each User acknowledges that they are fully responsible for their choices and waives any claim of any kind against Bpifrance and the National Operators for the decisions and actions taken in the context of the Service or as a result of its use.
14. RESPONSIBILITY FOR INFORMATION PROVIDED BY THE USER
The User and the Organisation for which they act are solely responsible for the Information that they submit and/or post with respect to their use of the Service. The National Operator merely acts as a host with regard to these data, within the meaning of Directive No. 2000/31/EC of 8 June 2000, known as the “Electronic Commerce” directive.
The User is responsible for verifying the accuracy, completeness and relevance of the Information published by other Users on the Website.
The National Operator is not involved in any way in the creation and management of the accounts and/or Profiles of Users, in discussions or advice, or in any transactions and operations that may arise from the use of the Service, subject to the right of subsequent as stipulated in Article 15 below.
The National Operator may not be held liable for any damage that may result from the inaccuracy of or omissions from the Information provided by Users.
15. RIGHT TO DELETE ACCESS
The National Operator may immediately and automatically suspend the Access to the Service and/or the Profile of any User in the event of a breach of these General Terms and Conditions and, in particular, in the event of non-compliance with the rights of third parties, independently of the right to terminate the Agreement stipulated in the article “Termination” below and any damages which the National Operator may claim as compensation for the damage resulting for it from the breach of the User’s obligations.
The National Operator also reserves the right to delete without prior notice the Profile of Organisations known to be experiencing financial difficulty as defined by the European Union (legal reorganisation, compulsory liquidation proceedings, loss of half the share capital in a year), or that have been wound up, gone through voluntary liquidation or been struck off the Trade and Companies Register.
Finally, the National Operator and/or the Community Operators reserve the right to ask the User whether they are still actively seeking to make an investment and/or to enter into a business partnership. In the absence of a reply from the User within one (1) month, their Profile will be deemed inactive and the National Operator may then hide or deactivate their Profile.
16. ACCURACY OF INFORMATION
Each User, on behalf of themself and on behalf of the Organisation for which they act, warrants to the National Operator that the Information they provide on the Website is accurate, truthful, complete and up-to-date, and complies with the laws and regulations in force.
Any publication of Information by a User, whether said User is an Administrator or not, must comply with business secrecy in accordance with European Directive 2016/943 on business secrecy, and its national variations.
The User undertakes to regularly update all the Information concerning them, so that the Information remains accurate.
This Information will not be controlled or verified by the National Operator.
The User and, where applicable, the Organisation for which they act, is therefore solely responsible for the sincerity and accuracy of this Information and for its compliance with the laws and regulations in force.
The National Operator may not under any circumstances be held liable for errors, omissions or inaccuracies that may be identified in the Information provided by the User, nor for any damage that may result from it for other Users or for third parties.
If the User provides data that is false, inaccurate, out of date or incomplete, the National Operator may delete the Information and deny the User Access to some or all of the Service, either immediately and/or in the future.
17. OWNERSHIP OF INFORMATION, LICENSE AND WARRANTIES
The User and, where applicable, their Organisation, owns the Information that they provide within the Service, whether on their own behalf or on behalf of the Organisation. The User and their Organisation are solely responsible for this Information.
In consideration of the use of the Service, the User and their Organisation grant the National Operator a worldwide, non-exclusive, transferable licence that may give rise to the granting of a sub-licence, conferring on the National Operator the right to use, copy, modify, distribute, process, store and distribute, in the framework of provision of the Service, all the Information that the User places on the Website.
The User warrants, in their name and on behalf of the Organisation, that they have the intellectual property rights and authorisations necessary for the publication of the Information they post online in the framework of their use of the Service.
The User also warrants, on their own behalf and on behalf of the Organisation for which they act, that the Information they publish within the Service does not contain anything that contravenes the rights of third parties and the laws in force, and in particular the provisions relating to defamation, insult, privacy, image rights, offences against public decency or counterfeiting.
The User, and the Organisation when the User acts on behalf of an Organisation, thus guarantees the National Operator against any possible recourse by a third party concerning the publication of said Information in the framework of the Service.
18. INVESTMENTS
18.1. General provisions for investments made through the service
Users who are looking for an Organisation in which they could invest, either directly or on behalf of their Organisation, via the Service are informed that, by their very nature, investments in equity or similar funds result in random gains or losses.
The National Operator gives no indication or guarantee that the User will benefit from a potential tax reduction or make a gain as a result of such investments.
The User hereby declares that they are aware of and accept this method of operation and the random nature of the result of these investments.
The National Operator also cautions the User and the User’s Organisation with regard to requests for money which may be made via the Service or as a result of its use.
No monetary payment (for investments, costs, fees, commission, etc.) should be made until enquiries have been made as to the integrity and reliability of the person to whom the payment is to be made.
The User is advised to request supporting documents from their contact.
The User and, where applicable, the Organisation for which they act, assumes sole responsibility for the payments that they and/or their Organisation may make to any person with whom they have entered into a relationship via the Service.
A User who is registered as an Investor in the Service, whether on their own behalf or on behalf of their Organisation, must not offer any other means of financing other than capital contributions.
Proposed loans and exchanges of securities are prohibited.
18.2. Provisions relating to the Investor
An Investor who has a history of fundraising using the Service may seek further investments using it.
If they do not have a history of fundraising but have already invested in an Organisation using the Service, the Investor may ask this Organisation to confirm that they have already made an investment in the said Organisation.
Individual Investors who have not invested through the Service but who have already invested in an Organisation that has not yet registered should ask the Organisation to register for the Service and, once registered, to confirm the investment.
19. APPLICATION LIBRARY
By choosing to use an application offered in the Application Library, the User acknowledges that they are directly linked to the company publishing the application in question and not to the National Operator, for all matters concerning this application and its use.
A User who uses the services offered by third-party companies listed in the Application Library authorises the National Operator to transfer to these companies the Information it has provided via the Service.
20. THIRD-PARTY WEBSITES
The National Operator shall not be liable for the use of third party websites or mobile sites and/or applications to which the User may have access through the Service.
Once the User is redirected to a third party’s website, the conditions of use of the website in question shall apply instead of the General Terms and Conditions of Use, which shall then cease to apply.
If the User accesses a third-party website that is illegal or harmful in any way through the Service, they must immediately inform the National Operator to enable the latter to promptly delete the link to the website in question.
21. INTELLECTUAL PROPERTY
Bpifrance is the sole owner of the Service, the Website, the software and any technology implemented in this context, whether in relation to their technical, graphic, textual or other components. The User may not use the name Bpifrance, or mention the name Bpifrance, such as Bpifrance, its trademarks, logos and all associated distinctive symbols.
The Service, the Website and each of the elements of which they are composed, including in particular but not limited to texts, photographs, EuroQuity trademarks, logos, sounds, music, page layouts, drawings and models, icons, computer codes, software, fonts and more generally, all visual or sound elements, are protected by intellectual property rights, of which Bpifrance is the owner. The User acknowledges that no right of ownership is transferred to them, and that no right or licence is granted to them, apart from a right of Access to the Service, as stipulated in the “Right of Access to the Service” section of this Agreement, during the term of this Agreement and to the sole extent strictly necessary for such Access.
The User is prohibited from tampering with the Service in any way whatsoever and in particular from using the Service in a manner that does not comply with its intended purpose and the conditions set out in the Agreement.
The User undertakes to comply with French, European and international intellectual property rules and in particular undertakes not to copy, reproduce, distribute, modify, alter, communicate or transmit, without the prior authorisation of the person holding the intellectual or industrial property rights, for private or professional purposes, the trademarks, logos, the application, databases, patents, licences, photos, videos, know-how and all other intellectual property rights displayed by the Service or on the Website.
Thus, any reproduction, representation, publication, transmission or, more generally, any unauthorised use of all or part of the Service and the Information contained therein, without Bpifrance’s express authorisation, shall incur the User’s liability and may result in legal proceedings against them.
It is strictly forbidden to establish hypertext links or to upload the Website and/or the User Account under another URL.
22. PROTECTION OF PERSONAL DATA
Each National Operator collects and uses the User’s personal data in accordance with the national rules in force.
Personal data are those specified in these General Terms and Conditions, i.e. identification data (surname, first name), email addresses, and, optionally, information relating to Users indicated in Article 6.1 of the General Terms and Conditions of Use such as career, skills, working languages, place of residence, photography, videos, social networks through which the User communicates, professional objectives, and if applicable the status and role in the Organisation to which the User is or intends to be attached. It is understood that Users may change their personal data at any time.
Processing only affects data posted by Users on the following URLs: www.euroquity.com/fr, www.euroquity.com/de, www.euroquity.com/en, www.euroquity.com/nl, as well as www.euroquity.be. This processing is based on the consent of the User, the terms and conditions of which are detailed in Article 2.2 of the General Terms and Conditions of Use.
22.1. When the National Operator is Bpifrance
22.1.1 Data controller, objectives and legal bases
In accordance with applicable regulations, in particular European Regulation 2016/679, known as the General Data Protection Regulation (GDPR) and national provisions relating to information technology, files and freedoms, Bpifrance, as data controller, in its capacity as French National Operator, collects and processes the personal data of the User of the Service, with the exception of data located on Belgian territory, for which Wallonie Entreprendre is the data controller (see article 22.2 below):
- In the framework of performance of the T&Cs, in order to ensure the operation of the Service as set out in these General Terms and Conditions of Use. The personal data collected and processed are intended for the operation of the EuroQuity platform, particularly in order to facilitate meetings between investors and companies.
• In the framework of performance of the T&Cs, in order to:
◦ Facilitate contact between the various Users;
◦ Ensure the proper functioning of the Service, including hosting of the Platform, maintenance, service improvements;
◦ Create, manage and administer the User Account,
◦ Build and co-manage the Communities and Labels.
• In the framework of pursuit of the legitimate interests of Bpifrance for the purpose of managing and developing its relationships with its customers or potential customers:
◦ Marketing and business development, including invitations to participate in events or Pitches,
◦ Conducting satisfaction surveys relating to the use of the site and its functionalities,
◦ Production of reports and commercial data relating to the use of the website and its functionalities,
• In the framework of Bpifrance’s legitimate interest in defending its rights and interests for the achievement of the following objectives:
◦ Managing complaints and disputes relating to the performance of these T&Cs, where applicable, and traceability and proof of the operations and due diligence carried out by the User.
In this context, Bpifrance is required to directly collect the following categories of personal data:
• Identification data: Title, surname, first name(s), gender, place of domicile, mobile telephone number, photograph, links to social media.
• Data relating to professional life: professional email address, professional situation, sector of activity, career path and professional skills, working languages.
• Login data: IP address, login ID, password
The User undertakes to inform the persons whose personal data they may mention with respect to the Service of the processing carried out on their personal data in accordance with this article.
22.1.2 Mandatory data
Mandatory personal data fields are indicated by Bpifrance with an asterisk on the data collection forms for the said data.
Without these mandatory personal data fields, Bpifrance will not be able to process the User’s request or give them access to the desired functionality.
The mandatory personal data fields are surname, first name, email address, telephone number of the User.
Optional personal data are career path, skills, working languages, place of residence, photograph, links to social networks and professional objectives.
22.1.3 Data source
The Data are collected directly from Users, as part of their access to and use of the Service.
22.1.4 Data recipients
These data are intended for National Operators, Community Operators and Label Operators.
They will also be communicated:
• To other Bpifrance Group legal entities whose duties, functions and duties require that they process the User’s personal data for the sole purposes indicated above and within the framework of the technical and organisational measures implemented by Bpifrance to preserve the confidentiality and security of their personal data,
• To the service provider in charge of hosting the Platform,
• To any other service provider or subcontractor providing services in connection with the intended purposes on behalf of Bpifrance
The data may also be communicated to any administrative, judicial or supervisory authority which benefits from a right of communication based on a legislative provision within the framework of a French or European administrative or judicial procedure, at their request.
The National Operator may nevertheless pass on such data to technical service providers for the purposes of the Service.
The personal data collected will not under any circumstances be transferred or sold to third parties by the National Operator.
The data will be stored within the European Union.
22.1.5 The National Operator undertakes to take all appropriate precautions to protect the security and confidentiality of personal data and, in particular, to prevent such data from being altered, damaged or communicated to unauthorised persons, subject to its obligations as hosting provider within the meaning of Directive No 2000/31/EC of 8 June 2000, known as the “Electronic Commerce” directive.
22.1.6 Data retention period
All personal data collected through the EuroQuity Service is retained by Bpifrance for a period of 3 years from the date of the User's last connection to the Service.
22.1.7 Data Protection Officer, Users’ rights and procedures for exercising rights
Bpifrance has appointed a Data Protection Officer that the User can contact using the contact details set out in this article.
In accordance with the GDPR and the national provisions relating to data processing, files and freedoms and subject to the conditions provided for by these regulations for the exercise of these rights, the User has a right of access, a right of rectification, a right to deletion, as well as the right to portability of their Personal Data.
The User has, with respect to all personal data collected or generated by their use of the Service, the right to access, modify, delete and object to the processing of data affecting them and, for reasons relating to their particular situation, to the processing of their data, including profiling. Finally, in accordance with the national provisions relating to data processing, files and freedoms, the User has the right to determine the fate of their Personal Data post-mortem.
These rights may be exercised by contacting the National Operator by post at:
Bpifrance, DCCP, Data Protection Officer, 27-31 avenue du Général Leclerc, 94710 Maisons-Alfort Cedex, or by email at donneespersonnelles@bpifrance.fr.
Finally, individuals have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) if they consider that the data processing operations described infringe their rights.
22.1.7 However, when the Community Operator processes personal data collected directly from Users in the context of the administration and coordination of their Community, the Community Operator becomes responsible for the data processing for the purposes concerned. They must therefore inform Users of the processing carried out, and obtain the consent of the data subjects.
22.2. When the National Operator is Wallonie Entreprendre
22.2.1 Data controller, objectives and legal bases
In accordance with the applicable regulations, in particular the GDPR and the national provisions relating to the protection of natural persons with regard to the processing of personal data, Wallonie Entreprendre, as data controller, in its capacity as Belgian National Operator, collects and processes the personal data of Service Users located on Belgian territory:
• In the framework of performance of the T&Cs, in order to ensure the operation of the Service on Belgian territory. The personal data collected and processed are intended for the operation of the EuroQuity platform, in particular to promote the meeting of investors and companies, and are accessible only by the persons concerned under the authority of Wallonie Entreprendre, including the entities that have signed a sub-licence agreement with it, in charge of managing and monitoring the Service.
• In the framework of performance of the T&Cs, in order to:
◦ Facilitate contact between the various Users;
◦ Ensure the proper functioning of the Service, including service improvements;
◦ Create, manage and administer the User Account,
◦ Build and co-manage the Communities and Labels.
• In the framework of pursuit of the legitimate interests of WALLONIE ENTREPRENDRE for the purpose of managing and developing its relationships with its customers or potential customers:
◦ Marketing and business development, including invitations to participate in events or Pitches,
◦ Conducting satisfaction surveys relating to the use of the site and its functionalities,
◦ Production of reports and commercial data relating to the use of the website and its functionalities,
• In the framework of WALLONIE ENTREPRENDRE’s legitimate interest in defending its rights and interests for the achievement of the following objectives:
◦ Managing complaints and disputes relating to the performance of these T&Cs, where applicable, and traceability and proof of the operations and due diligence carried out by the User.
In this context, Wallonie Entreprendre is required to directly collect the following categories of personal data:
• Identification data: surname, first name, gender, place of domicile, mobile phone number, photograph, links to social networks
• Data relating to professional life: professional email address, professional situation, sector of activity, career path and professional skills, working languages.
• Login data: IP address, login ID.
The User undertakes to inform the persons whose personal data they may mention with respect to the Service of the processing carried out on their personal data in accordance with this article.
22.2.2 Mandatory data
Mandatory personal data fields are indicated by Wallonie Entreprendre by an asterisk on the aforementioned data collection forms.
Without these mandatory personal data, Wallonie Entreprendre will not be able to process the User’s request or give them access to the desired functionality.
The mandatory personal data fields are surname, first name, email address, telephone number of the User.
Optional personal data are career path, skills, working languages, place of residence, photograph, links to social networks and professional objectives.
22.2.3 Data source
The Data are collected directly from Users, as part of their access to and use of the Service. In this case, Wallonie Entreprendre collects the data referred to in Article 22.2.2.
22.2.4 Data recipients
National Operators, Community Operators and Label Operators are the only recipients of these data, subject to the following exceptions:
• The National Operator may nevertheless be required to transmit these data to technical service providers as well as to entities that have signed sub-licence agreements, for the purposes of performing the Service.
• These data will also be used for the purposes of fully aggregated and anonymised reporting and statistics relating to the Walloon Region. In this case, the processing is necessary for the performance of a task of public interest entrusted by the Walloon Region to Wallonie Entreprendre, namely to promote the development of SMEs in the Walloon Region.
The data may also be communicated to any administrative, judicial or supervisory authority which benefits from a right of communication based on a legislative provision within the framework of a French or European administrative or judicial procedure, at their request.
The data collected will not be transferred or sold to third parties by the National Operator under any circumstances.
The data will be stored within the European Union.
22.2.5 Data retention period
All personal data collected through the EUROQUITY Service is retained by Wallonie Entreprendre for a period of 3 years from the time the User unsubscribes from the Service.
22.2.6 Data Protection Officer, Users’ rights and procedures for exercising rights
In accordance with the applicable regulations, in particular the GDPR and the national provisions relating to the protection of individuals with regard to the processing of personal data, the User has a right of access, rectification, deletion, objection and portability of this data, as well as a right to limit the processing with Wallonie Entreprendre.
This right may be exercised free of charge, at any time, and on simple request sent by post to Wallonie Entreprendre for the attention of the Data Protection Officer, at Avenue Maurice Destenay 13, 4000 Liège, or by email to dpo@wallonie-entreprendre.be
Finally, individuals have the right to lodge a complaint with the Belgian Data Protection Authority via the form available on its website or by mail (Rue de la Presse, 35 – 1000 Brussels; Tel. + 32 2 274 48 00 - contact@apd-gba.be).
22.2.7 However, when the Community Operator processes personal data collected directly from Users in the context of the administration and coordination of its Community, the Community Operator becomes responsible for the processing of the data for the intended purposes. They must therefore inform Users of the processing carried out, and obtain the consent of the data subjects where applicable.
23. COOKIES
When using the Service, information relating to the navigation of the User’s device (computer, tablet, smartphone, etc.) on our website may be saved in text files called “Cookies”, installed on their terminal, depending on their choices regarding Cookies, which they can modify at any time. Only the issuer of a cookie is likely to read or modify information contained therein.
To learn more about how cookies work and how to use tools currently available to set them, please click here*.
24. CONFIDENTIALITY OF INFORMATION
To publicise the User’s project, either relating to fundraising or investment, certain Information may be visible on the Website and in the Service under the conditions provided for in the “Profile” and “Visibility of Profile Information” articles of these T&Cs.
With the exception of this Information, any other Information of any kind whatsoever, including personal data, is strictly confidential (this information is hereinafter referred to as “Confidential Information”).
The User undertakes, in their own name and on behalf of their Organisation, to ensure the confidentiality of the Confidential Information and to limit access thereto only to persons under their direct responsibility (employees or agents, etc.) and/or to the persons with whom they are required to work (subcontractors, representatives, experts, lawyers, auditors, investors, affiliates, parent companies, assignees, etc.) that are bound by an obligation of confidentiality at least as restrictive as that assumed under this Agreement.
The User undertakes to inform third parties of the private nature of the Confidential Information and to require such persons to process the Confidential Information in accordance with the provisions of this Clause.
The above non-disclosure obligation does not apply to the following:
• Information that is in the public domain or subsequently becomes so by use, publication or other similar act, without any fault on the part of the User; or
• Information that has been provided to the User and/or their Organisation by a third party who has the right to disclose it and who has not received it in confidence; or
• Information that the User and/or their Organisation is required to disclose in response to a valid injunction from a court or a state or equivalent authority (tax authority, etc.), provided that they inform the National Operator and, if applicable, the User or Users and/or their Organisation(s) concerned by the Confidential Information disclosed, in writing, in advance where possible or otherwise as soon as possible, and coordinate with each other in order to limit the extent of such disclosure;
• Information which the User has been expressly permitted to disclose by the User concerned by the Confidential Information.
This Clause shall apply for the term of the Agreement and for a period of five (5) years after the Agreement has ended.
The National Operator shall endeavour to take all appropriate and customary technical and organisational precautions to maintain the confidentiality and guarantee the security of the Service and all data, regardless of their type. The National Operator shall also take measures to prevent the accidental or unlawful destruction, loss, alteration or unauthorised disclosure of, or access to, any personal data transmitted, stored or otherwise processed.
The User acknowledges that the National Operator may, in the context of a judicial inquiry by a competent authority or the fulfilment of its anti-money laundering obligations, be required to provide, to any relevant parties, any Information that may be of use to the relevant judicial or administrative authority.
25. USERS’ OBLIGATIONS
The User undertakes to act in a truthful and fair manner and in good faith, both when using the Service and in any relationships established with other Users.
Accordingly, in the context of their use of the Service, the User undertakes:
• To ensure the accuracy, integrity and lawfulness of the data and information transmitted;
• To respect the privacy of others;
• To respect the rights of third parties, particularly their intellectual property rights;
• To respect the confidential nature of the data to which they have access through the Service;
• To refrain from posting any messages, information or data that are malicious, disparaging, deliberately misleading, unlawful and/or immoral;
• Not to impersonate other Users of the Service;
• Not to impede or disrupt the Service in any way whatsoever and not to affect the integrity of the Service;
• Not attempt to gain unauthorised access to the Service or to the systems or networks associated with it, or to intercept data;
• Not to harass other Users (in particular by sending unsolicited messages);
• To comply with all “Anti-Corruption Regulations”, “Anti-Money Laundering and Terrorist Financing Regulations” and “Sanctions Regulations”.
“Anti-Corruption Regulations” refers to (i) all French legal and regulatory provisions aimed at combating corruption and influence peddling, specifically those contained in Book IV, Title III “Violation of the authority of the state” and Title IV “Undermining public trust” of the French Penal Code and (ii) foreign regulations combating corruption with an extraterritorial scope, particularly American (the Foreign Corrupt Practices Act) and British (the UK Bribery Act) regulations insofar as these are applicable.
“Anti-Money Laundering and Terrorist Financing Regulations” refers to (i) all French legal and regulatory provisions relating to the fight against money laundering and the financing of terrorism in accordance with articles L561-1 to L561-45 of the French Monetary and Financial Code, and (ii) foreign regulations relating to the fight against money laundering and the financing of terrorism insofar as they are applicable.
“Sanctions Regulations” refers to the restrictive measures adopted, administered, imposed or implemented by the United Nations Security Council and/or the European Union and/or the French Republic through the General Directorate of the Treasury and/or the US government through the Office of Foreign Assets Control (OFAC) of the US Treasury and/or the Bureau of Industry and Security (BIS) of the US Department of Trade and/or the UK through Her Majesty’s Treasury and/or any equivalent authority passing restrictive measures, insofar as these are applicable.”
The User undertakes to use the Service in compliance with applicable national and/or international laws and regulations.
They undertake to verify the compliance of the Service and the transactions they carry out using the Service with the legal and regulatory provisions of their country of domicile and they acknowledge that the National Operator may not under any circumstances be held liable.
The User warrants that they are not domiciled in or a national of a country subject to sanctions that would preclude the performance of all or some of the transactions and/or acts of any kind carried out with other Users in the context of the Service.
The User further declares and warrants that they, or the Organisation they represent, are not in financial difficulty within the meaning of European regulations (corresponding in French law to safeguard procedures, receivership, compulsory liquidation or the loss of half of the share capital within one year) or in the process of being wound up, voluntarily liquidated or struck off the Trade and Companies Register.
The User undertakes not to make any offers that might fall within the scope of the legal provisions concerning the public offering of financial securities (Article L 411-1 et seq. of the French Monetary and Financial Code [Code Monétaire et Financier]).
If the User is registered as an Investor, the User declares that the funds they may invest in the context of the Service are available. The User warrants that the funds were obtained in compliance with the law and that they are not likely to originate from any fact or event sanctioned under Article 324-1 et seq. of the French Penal Code (Code Pénal) on anti-money laundering.
If the User is registered as an Adviser, the User warrants that they fulfil all legal, regulatory and ethical obligations relating to their status and occupation, and warrant, where applicable, that they are registered with the official bodies representing their profession (association of lawyers, accountants, etc.) and/or that they are registered with the relevant organisations. The User also undertakes not to take any action in relation to or via the Service that breaches the regulations applicable to their status and occupation.
The User undertakes to comply with the requirements concerning the implementation of mechanisms to reduce wealth tax and income tax that might be provided for in the national law of the country in which they are domiciled, should they wish to benefit from such mechanisms.
The User undertakes to immediately inform Bpifrance of any fraudulent use of the Service or of their password by an unauthorised third party or by any other User of which they become aware and which appears to them to be abusive and/or to contravene these General Terms and Conditions of Use.
To make such report, the User must immediately send an email to the following address: contact@euroquity.com.
26. LIABILITY OF THE USER
Each User assumes, alone and/or with their Organisation, all civil, fiscal, criminal, administrative or other liability that may result from their use of the Service, and guarantees and indemnifies the National Operator against any liability arising from:
• All actions taken in connection with the use of the Service from their Profile, by them or by an unauthorised third party who has been able to access the Service (unless the User has unsubscribed from the Service or has notified the National Operator of the fraudulent use of their Profile);
• Any transactions (investments, capital opening, partnerships, advice, etc.) and legal acts resulting from the use of the Service;
• Any Information that the User creates, captures and publishes in connection with the use of the Service;
• Any Information that the User exchanges with other Users;
• Any messages that the User sends to other Users;
• Any contacts and relationships that the User initiates with other Users;
• The User’s use of the web services available in the Application Library.
It is understood that each User is solely responsible for their computer hardware, data and software, and for the network connection that enables them to access the Service.
The User is solely responsible for ensuring that their hardware, software and connections with the Service are compatible.
The User undertakes to take all appropriate precautions to check the identity, integrity, reliability and skills of any persons who may contact the User or who the User may contact in the context of their use of the Service.
The User and their Organisation are solely responsible for the confidentiality of the Information that the User publishes and they undertake not to publish Information likely to undermine business secrecy.
The User acknowledges that they are fully aware that Bpifrance may suspend and/or temporarily or permanently modify the Service, at any time, either due to technical or regulatory constraints or in all cases of breach of these General Terms and Conditions of Use by the User.
27. SERVICE MALFUNCTIONS
The National Operator undertakes to make every effort to ensure the proper functioning of the Service and its accessibility by the User.
The National Operator gives no guarantee with regard to the continuous operation or performance of the Service accessible on the Website.
The National Operator does not warrant that the Service is exempt from bugs or other defects, as programming errors and technical incidents may occur at any time.
In view of the foregoing, which the User acknowledges and accepts, the National Operator will not be liable should the User be temporarily or permanently unable to access all or any part of the Service.
Similarly, the National Operator will not be liable for any damage to the User’s hardware, software or data (due, for example, to a virus) resulting from their use of the Service.
In order to avoid any inconvenience, as far as possible, the User must regularly back up their data and software.
The User acknowledges that they will use the Service as provided, at their own risk and in full knowledge of the relevant facts.
Contacts: in the event of any difficulty or alert with regard to the use of this service, the User must inform the National Operator by email as soon as possible:
• By email at euroquity@wallonie-entreprendre.be if the User and/or their Organisation is/are domiciled in Belgium;
• Or by using the contact form accessible at the bottom of the pages of the Service if the User and/or their Organisation is/are domiciled in another country of the world.
28. LIABILITY OF THE NATIONAL OPERATOR
It is hereby reiterated that the National Operator is bound solely by an obligation of means under this Agreement.
The National Operator may not under any circumstances be held liable for any damage suffered by the User.
Furthermore, the National Operator will not be liable for the following:
• Any damage or loss attributable to the User or the Organisation, to a third party or to a case of force majeure;
• Any indirect damage or loss related to the use of the Service, including but not limited to operating losses (loss of turnover, income or profit), loss of an opportunity, loss of data, damage to image or reputation, a commercial or economic loss, or the discontinuation of your business;
• Any loss of data suffered by the User, including a loss attributable to the National Operator.
29. TERMINATION OF THE AGREEMENT
29.1. Termination by the User
Any User may request the deletion of their account on the Service by contacting the National Operator:
• By email at euroquity@wallonie-entreprendre.be if the User and/or their Organisation is/are domiciled in Belgium;
• Or by using the contact form accessible at the bottom of the pages of the Service if the User and/or their Organisation is/are domiciled in another country of the world.
Deletion of the User’s account will result in the termination of the Agreement.
The Agreement will terminate within ten (10) business days of the date on which the National Operator receives the request.
29.2 The lack of an Administrator for an Organisation for a period of more than six months shall be deemed to be a request to unsubscribe from the Organisation Service. The National Operator may then withdraw the Organisation from the Service and shall terminate the Agreement without notice from this sixth month and within a maximum period of one year.
29.3. Termination by the National Operator
The National Operator reserves the right to automatically terminate the Agreement without formal notice if the User breaches their obligations under this Agreement, and/or in the event of a breach of any applicable law or regulation.
The User’s subscription will end immediately upon termination of the Agreement.
The User will be informed of the termination by email, at the address provided when the User registered.
Termination will occur without prejudice to any damages which the National Operator might claim as compensation for any damage or loss suffered on account of the User’s alleged breaches.
The National Operator may then refuse to create a new account for the User on the Website.
The National Operator also reserves the right to terminate the Agreement at any time, without being required to give any reason, subject to three (3) months’ notice from the service of notice of such termination by email sent to the address provided by the User when the User registered.
29.4. Termination of the Service
If the Service is terminated, the National Operator may automatically terminate this Agreement without delay.
In that event, the National Operator shall inform the User accordingly by any appropriate means (information on the Website, email, etc.).
30. TERM OF THE AGREEMENT
This Agreement is entered into for the period of time for which the User is registered to use the Service.
However, the obligations which, by their nature, are intended to continue even after the termination of the Agreement shall remain in force after the end of the Agreement. These obligations include those arising from the provisions relating to confidentiality, the protection of personal data, liability and applicable law.
31. ENTIRE AGREEMENT
If one or more provisions hereof are held to be null and void by a law or regulation, or declared as such by a final decision of a competent court, they shall be deemed not to have been written.
The other provisions of this Agreement shall remain in full force and effect, providing this is possible, and the Parties undertake, if necessary, to meet in order to replace the invalid provision by a valid provision, which is as close as possible in spirit to the provision which it is intended to replace.
32. DOCUMENT HIERARCHY
The General Terms and Conditions of Use shall prevail over any other document relating to the use of the Service.
33. NO WAIVER
The fact that one of the Parties does not avail itself at any given time of any of the provisions hereof may not be interpreted or considered as a waiver of its rights hereunder, shall in no way affect the validity of all or part hereof, and shall not affect the rights of the Party concerned to act accordingly.
Neither Party shall be deemed to have waived a right acquired pursuant to this Agreement unless such waiver is set out in writing and signed.
34. FORCE MAJEURE
Any unforeseeable, insurmountable event beyond the Parties’ control, including (without limitation) acts of war or terrorism, criminal acts, riots, natural or industrial disasters, explosions, legal requisitions and other legislative or regulatory provisions imposing restrictions on the National Operator’s business and problems affecting electronic communications networks that are beyond the National Operator’s control, etc., must be deemed force majeure events.
The National Operator may suspend the Service in the occurrence of a force majeure event.
In such event, the Agreement will be suspended and will resume once the force majeure event has ended, for the term remaining at the time of the suspension.
35. UPDATING OF THE GENERAL TERMS AND CONDITIONS OF USE
The General Terms and Conditions of Use may be modified by Bpifrance at any time and without prior notice.
Any change shall take effect immediately upon posting of the new version of the General Terms and Conditions of Use, on the Website and for the Service.
The User is therefore advised to check the most recent version of the Terms and Conditions on the Website at regular intervals.
The User is free to unsubscribe from the Service in accordance with the terms and conditions set out in the “Termination” article below, if they do not agree with the modified General Terms and Conditions of Use. Otherwise, the User will be deemed to have unreservedly accepted the new version of the Terms and Conditions.
36. GOVERNING LAW – JURISDICTION
The formation, existence, validity, interpretation, performance and termination of these Terms and Conditions and any subsequent matters are governed by French law.
With the exception of cases where an agreement expressly derogates therefrom, disputes between persons having the capacity of merchant shall fall within the jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or third-party claims, including for summary proceedings or proceedings on petition.
Disputes for which one or more persons are not merchants shall be governed by the rules of jurisdiction of the Code of Civil Procedure or the Code of Administrative Justice.