Terms and conditions
GENERAL CONDITIONS OF USE OF THE COCORICIOS.io SITE
Version n ° 1 - Last modification on 02/29/2020
|
The site COCORICOS.io is edited and operated by Golden Chain, a simplified joint stock company with a share capital of 400 euros, whose head office is located at 34 rue Blanche 92800 Puteaux, registered in the Paris Trade and Companies Register under number 840 510 242 (“Golden Chain ”). These T & Cs govern any access to the Site and any use of the Services by any User, regardless of their status. Depending on their status, certain Users may be required to accept specific conditions supplementing these Terms before any use of the Services. Any access or use of the Site implies unreserved acceptance of these T & Cs. COCORICIOS.io reserves the right to modify these T & Cs at any time. Changes to the T & Cs may be invoked against users of the Site from the time they are put online, but do not take precedence over any bilateral agreements previously concluded between COCORICIOS.io and Users, in the event of contradiction. Each use of the Site by the User constitutes acceptance of the latest version of the Terms published on the Site. Users can express their refusal of the modified T & Cs by unsubscribing from the Site according to the methods provided for in these T & Cs. The terms starting with a capital letter in these T & Cs are defined below, it being specified that the terms defined in the singular must also be understood in the plural. Active means a financial security issued by an Issuer and registered in a shared electronic registration system, in accordance with Articles L. 211-3 et seq. of the Monetary and Financial Code. Terms means these general conditions of use. Club deal refers to any User wishing to create a private space in order to present prospects or assets to an Issuer, through the Solution. Transmitter means any User using the Solution to issue and / or manage Assets. Personal space designates the individualized interface allowing an Issuer or an Investor to access the Services, and whose access requires the use of a username and password. This space is a private place under the entire and sole responsibility of its administrator. Investor means any User who has subscribed (or has been allocated) at least one Asset with an Issuer, through the Solution. KYC procedure means the procedure for identifying Users carried out by COCORICIOS.io to comply with the obligations to combat money laundering and the financing of terrorism. Services designate all of the services provided by COCORICIOS.io to Users through the Site and / or the Solution. Site designates the site COCORICIOS.io Solution has the meaning given to it in Article 5. User means any legal or natural person accessing the Site, whether or not it uses the services provided by it. Users notably include Issuers, Investors and Visitors. Visitor means any user who has registered on the Site, but does not intend to use the Solution as an Issuer, Founder, club deal or as an Investor. |
|
The User expressly recognizes and accepts: - that the data collected on the site and on the computer equipment of COCORICIOS.io is proof of the reality of the operations carried out within the framework of the present; - that this data constitutes the only method of proof accepted between the parties, in particular for the calculation of the amounts due to COCORICIOS.io - have read and accepted the general confidentiality policy available on the COCORICIOS.io site and in the appendix to these T & Cs. The User can access this data in his Personal Space. |
|
Without prejudice to the other obligations provided for in these T & Cs, the User undertakes to comply with the following obligations and certifies that the following declarations are correct: 3.1. The User acknowledges that the Site is only accessible, subject to any restrictions that may be adopted by COCORICIOS.io, to natural persons with full legal capacity to accept these Terms and to legal persons acting by the ‘intermediary of natural persons with the capacity to contract in the name and on behalf of these legal persons. Natural persons who do not have full legal capacity can only access the Site with the agreement of their legal representative. 3.2. The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. 3.3. The User acknowledges that he is solely responsible for the proper completion of all administrative, tax and / or social formalities, and of all payments of contributions, taxes or taxes of all kinds which are incumbent upon him, if applicable in connection with his use of the Services. The responsibility of COCORICIOS.io can in no case be engaged on this basis. 3.4. The User acknowledges having read the characteristics and constraints, in particular technical, of all the Services on the site. He is solely responsible for his use of the Services. 3.5. The User acknowledges that he is solely responsible for the relations that he may establish with other Users and for the information that he will communicate to them within the framework of the Services. It is up to him to exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy in his exchanges with other Users. 3.6. The User acknowledges that he undertakes to respect the confidentiality of all the information which would be given to him in the different private areas of the Founders or the club deals. This confidentiality agreement is unilateral and commits the user of the service who would come to access a Private area of a Founder or a club deal. He will be required to keep confidential the information communicated to him by the issuer. Likewise, all users with a Founder or Club Deal account undertake to respect strict confidentiality for the various member users who are registered in this space. In particular, it is perfectly forbidden to report the presence within a Founder group or club deal of a natural or legal person using this space. No documents or information transmitted by a User may be disclosed by the Founder or the Club Deal which has received its elements. 3.7. The User undertakes to make strictly personal use of the Services. 3.8. The User undertakes to provide COCORICIOS.io with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with COCORICIOS.io with a view to the proper execution of these conditions. 3.9 The User acknowledges that he is solely responsible for content of all kinds (editorial, graphics, audiovisual or other, including the name and / or image possibly chosen by the User to identify himself on the Site) that it disseminates within the framework of the Services (the “Contents”). The User guarantees to COCORICIOS.io that he has all the rights and authorizations necessary for the dissemination of this Content. He undertakes that said Content is lawful, does not prejudice public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to jeopardize COCORICIOS.io’s civil or criminal liability The User thus refrains from distributing, in particular and without this list being exhaustive:
3.10. The User acknowledges that the models of contracts and legal acts which may be made available to him by COCORICIOS.io within the framework of the Services do not constitute legal advice, opinions or consultations. The User finally acknowledges that the generation by COCORICIOS.io of said models of contracts and legal acts does not exempt him from having to use the services of a lawyer or other legal professional empowered by law to provide consultations legal and to draft acts under private signature. Only such a professional is able to adapt the legal documentation to the specific needs of the User. The User acknowledges having been invited by COCORICIOS.io to consult a legal professional in the context of the preparation of this legal documentation. In any event, the User (when he is an Issuer) acknowledges that the subscription by the Investors of the Assets produces legal consequences which it is up to the Issuer to assess and manage. In no case COCORICIOS.io can not be held responsible for the inability of the Issuer to honor its obligations arising from the issuance of said Assets. 3.11. The User acknowledges that it is their responsibility to take the necessary measures to save by their own means the information contained in their Personal Space, of which no copy will be provided. 3.12. The User acknowledges that access to his Personal Space and his use of the Services may be temporarily impossible in the event of the occurrence of technical or computer malfunctions, or any case of force majeure (defined as any unpredictable, irresistible event beyond control from COCORICIOS.io) |
|
4.1. It is strictly prohibited to use the Services for the following purposes:
4.2. It is strictly prohibited to use inaccurate or fraudulent information to issue Assets through the Solution. 4.3. It is strictly forbidden for Users to copy and / or divert for their purposes or those of third parties the concept, technologies or any other element of the COCORICIOS.io site. 4.4. The following are also strictly prohibited:
4.5. It is strictly forbidden to transfer your account in a paying or free manner without notifying COCORICIOS.io beforehand, which may issue within 30 days a possible opposition to this transfer in the event that the new administrator does not bring all guarantees to maintain the service offer present in said account at the time of the envisaged transaction. |
|
In the event of a breach of any of the provisions of these CGU or more generally, of violation of the laws and regulations in force by a User, COCORICIOS.io reserves the right to take any appropriate measure and in particular to:
|
|
6.1 To do:
6.2. Not to do :
|
|
7.1 Absence of warranty This constitutes our disclaimer regarding the quality, safety or reliability of our Services. COCORICIOS.io and its affiliates make no representations or warranties regarding the services, including that the services will not be interrupted or error-free and provide the services (including content and information) “as is ”And“ subject to availability ”. to the fullest extent permitted by applicable law, COCORICIOS.io and its affiliates disclaim all implied or legal warranties, including all implied warranties of title, accuracy of data, freedom from forgery, merchantability or quality ‘suitability for a particular use. 7.2 Exclusion of liability Restrictions on our legal liability to you. To the fullest extent permitted by law (and unless COCORICIOS.io enters into a separate written agreement which cancels this contract), COCORICIOS.io, including its affiliates, will have no liability arising from this contract for losses lost profits or business opportunities, reputation (eg insulting or defamatory statements), loss of data (eg interruptions or losses of your data or content, use thereof, or changes made) or any indirect, fortuitous, consecutive, special or punitive damages. COCORICIOS.io and its affiliates will not be liable to you in connection with this contract for amounts that exceed:
7.3 Basis of negotiations and exclusions The liability restrictions in this section form part of the basis for negotiation between you and COCORICIOS.io and apply to all claims for compensation (for example, warranty, civil liability, negligence, contract and law) including if COCORICIOS .io or its affiliates have been informed of the possibility of such damage, and even if these actions for damages do not fulfill their ultimate purpose. These limitations of liability do not apply in the event of death or personal injury, fraud, gross negligence or willful misconduct, or in the event of negligence due to the breach of a substantial obligation, an obligation substantial enough to make the prerequisite for providing services and on which you can reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable at the conclusion of this Agreement and to the extent that they are typical in the context of this Agreement. |
|
8.1 COCORICIOS.io provides a software solution facilitating the issuance of Assets by the Issuers, then their administration after their issuance. The Assets are registered in a shared electronic recording device in accordance with Articles L. 211-3 et seq. Of the CMF (the “Solution”). The Solution allows the holders of Assets issued by an Issuer to administer them via a dedicated interface. Investors can subscribe to the Assets directly through the Solution, by crediting their Payment Account with an amount equivalent to the subscription price. Finally, Visitors have the opportunity to test the Solution by simulating the issue or subscription of Fictitious Assets. 8.2. COCORICIOS.io does not intervene in the fundraising carried out by the Issuers through the issuance of the Assets, and its responsibility cannot in any case be engaged by an Investor due to the subscription by the latter of a any Active. The solution proposed by COCORICIOS.io being strictly technological, COCORICIOS.io does not provide any regulated service. In particular, the services provided by COCORICIOS.io to Issuers and Investors do not constitute intermediation in various goods, investment advice or management of collective investment schemes. Each Investor must assess the investment opportunities accessible through the Site and determine whether they are appropriate given their investment objectives and their financial situation. Each Investor is encouraged to consult a financial advisor before purchasing an Asset. 8.3 Legally, the issuance of the Assets is carried out by the issuance by the Issuers and the Investors of the necessary legal formalities. The statement of Assets owned by an Investor available in his Personal Space does not constitute the latter’s property over the Assets, nor does it constitute proof thereof. In accordance with Articles L. 211-3 et seq. Of the Monetary and Financial Code, ownership of the Assets results from the sole registration in the name of the Investor in the shared electronic registration system; the statement available in the Personal Space simply reproducing these property rights in a form easily readable by the Investor. 8.4. COCORICIOS.io cannot be held responsible for any breach by an Issuer of the general rules applicable to companies or the rules specific to financial securities issued, and in particular the regulation of offers to the public of financial securities. 8.5. As part of the Solution, the Issuers mandate COCORICIOS.io to register the Assets in a shared electronic recording device, in accordance with the provisions of article R. 211-3 of the Monetary and Financial Code. As an authorized representative, COCORICIOS.io complies with the provisions of article R. 211-9-7 of the Monetary and Financial Code and in particular provides Investors with their transaction statements. 8.6. In addition to the main service described in these T & Cs, COCORICIOS.io can also provide services to provide models of legal acts. COCORICIOS.io can also allow Users, by means of software, to personalize these models themselves by answering a questionnaire, and to download the documents thus created. As part of the services described in the previous paragraph, it is specified that COCORICIOS.io is not a law firm and provides neither legal advice, nor legal consultation, nor service of drafting of documents under private signature (in the sense of law n ° 71-1130 of December 31, 1971). |
|
The use of the Services requires that the User registers on the Site, by filling in the form provided for this purpose. The User must provide all of the information marked as mandatory. Any incomplete registration will not be validated. The User guarantees that all the information he gives in the registration form as well as in the KYC forms is exact, up to date and sincere and is not vitiated by any misleading character. He undertakes to update this information in his Personal Space when necessary. The User also undertakes to communicate to COCORICIOS.io at his request, any supporting documents relating to this information. The violation by a User of the obligations defined in the preceding paragraph authorizes COCORICIOS.io to take one or more measures provided for in these CGU. Registration automatically opens an account in the name of the User, giving him access to a Personal Space. The User can access his Personal Space at any time after identifying himself with his login and password. The User is also responsible for maintaining the confidentiality of his username and password. He must immediately contact COCORICIOS.io at the contact details mentioned in these T & Cs if he notices that his account has been used by a third party without his knowledge. |
|
The provision of Services to Issuers is likely to give rise to invoicing, the terms of which will be specified in the specific conditions concluded between the Issuer and COCORICIOS.io |
|
11.1. Conditions precedent The issue of any Asset by an Issuer is subject to the completion of various legal formalities specific to the legal nature of the Asset issued. In addition, the completion of the issue may be subject to the lifting of conditions precedent of a contractual nature, defined in advance by the Issuer. In general, fundraising operations carried out through the Solution are subject to a condition precedent relating to the achievement of a minimum subscription amount. This amount is defined by the Issuer and appears in the description of the transaction which can be consulted by Investors. Unless otherwise stipulated in the legal documentation relating to the issue of the Asset concerned, Investors’ subscriptions are received conditionally. They only become definitive in the event of the lifting of the aforementioned suspensive condition, as well as of any other suspensive condition stipulated in the legal documentation. If the conditions precedent stipulated in the legal documentation relating to the issue of the Asset are not lifted, the Asset is not issued and the subscriptions of the Investors lapse. The various Investors who participated in the fundraising are then credited with the amount corresponding to their subscription by debiting the account into which the funds were paid. 11.2. Validation of Investors by the Issuer The identity of Investors wishing to subscribe to an Asset being issued is communicated to the Issuer by COCORICIOS.io The Issuer can then decide to prohibit certain Investors from subscribing to its Assets. These choices are made through a dedicated page integrated into the Solution. |
|
The User acknowledges that he is aware that the subscription of financial securities issued by young unlisted companies presents a high risk of loss of the invested capital and lack of liquidity. In no case COCORICIOS.io can not be held responsible for losses that may arise from a subscription made through the Solution. |
|
13.1. Visitors and Investors can unsubscribe from the Site at any time by clicking on the dedicated button inside their Personal Space. COCORICIOS.io then closes the account and deletes the personal information concerning the Visitor or Investor concerned, subject to its legal obligations relating in particular to the preservation of archives. It is specified that the unsubscription of an Investor does not affect the ownership by the latter of the Assets subscribed through the Solution. [When unsubscribing, the Investor will receive an email from COCORICIOS.io inviting him to contact the Issuer (s) of the Assets he has subscribed or acquired, with a view to continuing their management outside the framework of the Solution.] 13.2. Issuers can unsubscribe by following the procedure defined by the specific conditions reserved for Issuers. 13.3. A Founder or Club Deal may unsubscribe any user from his private area. In no case will the responsibility of COCORICIOS.io be engaged either by the one who is unsubscribed or by the one who has unsubscribed. Each user is solely responsible for the consents which produced it on COCORICIOS.io COCORICIOS.io provides its technical skills to streamline and manage the consents issued and reciprocal. |
|
These general conditions are governed by French law. Disputes on the validity, interpretation and / or execution of these T & Cs will be entrusted to the exclusive jurisdiction of the NANTERRE tribunal de grande instance, subject to the contrary mandatory procedural rules. |
|
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) operated by COCORICIOS.io within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of COCORICIOS.io are strictly prohibited and may be subject to legal proceedings. |
|
COCORICIOS.io reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which COCORICIOS.io will be the sole judge. COCORICIOS.io reserves the right to insert the Content in its promotional communications, with the aim of highlighting the experience of Users on the Site. COCORICIOS.io also reserves the right to insert in its promotional communications descriptions of the uses of the Site carried out by the Users. COCORICIOS.io can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access via the site. COCORICIOS.io does not accept any responsibility for the content, advertising, products and / or services available on such third-party websites and mobile applications, which are reminded that they are governed by their own conditions of use. COCORICIOS.io is also not responsible for transactions between the User and any advertiser, professional or trader (including any partners) to which the User is directed through the site and cannot in any way be a party to some possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are bound. |
|
The Site is edited by COCORICIOS.io COCORICIOS.io can be contacted at the following coordinates:
The Site is hosted by the company [·], whose head office is located [·]. The publication director is Mehdi RADI Intra-community VAT number:] |
|
Contact details for complaints relating to content published by our Members. We respect the intellectual property rights of others. We require that members publish accurate information that does not infringe the intellectual property rights of others. We have a complaint policy and procedure regarding content posted by our Members. |
|
Our contact details. Our Customer Support also provides information about our Services. |
ANNEX
COCORICIOS.IO PRIVACY POLICY
Version n ° 1 - Last modification on 06/03/2020
|
1. Presentation of our Privacy Policy |
1.1. At COCORICIOS.io, (we / our / our) we are committed to preserving the privacy of the Users of our Site and the Solution, and more broadly of any natural person who visits our Site and / or to whom we provide other products or services (you / your / your). 1.2. COCORICIOS.io develops and operates a software solution allowing the issuance of Assets on a shared electronic recording device and their management after their issuance. In the context of this activity, we are required to process personal data from Users. This privacy policy (the “Privacy Policy”) sets out our practices for collecting and sharing personal data in the course of our business, in particular on our Site and in connection with the provision of the Services, and is intended to inform you about the use of this data and how we share the personal information we process about you. 1.3. The data controller is COCORICIOS.io 1.4. The purpose of this Privacy Policy is to explain our privacy practices and covers the following issues:
|
|
2. Information we may collect about you |
2.1. We collect and process all or part of the following information about you:
|
|
3. Use of your personal data |
3.1. In this section, we explain the purposes for which we use your personal data collected through the Site and / or in the context of the provision of our Services as well as, in accordance with our obligations under European and national law, the ” legal foundations ”on which we rely to process your data. 3.2. These “legal foundations” are set out in Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46 / EC (the “GDPR”) which authorizes companies to process personal data only on the basis of the specific “legal foundations” provided for by the GDPR and the national laws adopted for its application such as Law No. 78 -17 of January 6, 1978 modified (the “Data Protection Act”). Here are the main legal grounds justifying the use of your personal data:
3.3. We process your personal data as a data controller for the following purposes:
We may also be required to transfer your personal information to this reorganization entity or to a third party after the sale or reorganization so that they can use it for the same purposes as those defined in this policy.
|
|
4. Transfer, storage and security of your personal data
|
A. Security 4.1. No transfer of data on the Internet or on the Site can be guaranteed against intrusions. However, we maintain physical and electronic protection measures to protect your personal data. 4.2. The recipients of this data are the legal department and the commercial departments of COCORICIOS.io 4.3. COCORICIOS.io reserves the right to communicate certain of your personal data to the Issuers of the Assets for which you have expressed an intention to subscribe, as well as to their subcontractors, service providers or administrative or judicial authorities, within the framework of the accomplishment of the aforementioned purposes, and within the limit necessary for the accomplishment of the missions entrusted to them. 4.4. All of the information you provide to us is stored on our secure servers or those of our contractors and is accessible and used in accordance with our security policies and standards. When we have provided you (or when you have chosen yourself) a password which allows you to access certain sections of our Site and certain Services, it is your responsibility to keep this password confidential and to respect all other safety procedure required. We ask that you do not share your password with anyone. B. Transfer of data outside the EEA 4.5. Your personal information may be viewed, transferred and / or stored by our staff or suppliers in a location outside of the country in which you are located, whose data protection laws may be of a lower level than those in your country. In this case, we undertake to protect, in all circumstances, your personal data in accordance with this Privacy Policy. 4.6. When we transfer personal data from the European Economic Area (EEA) to outside the EEA, we may need to take specific additional measures to protect the personal data concerned. Certain countries outside the EEA have been considered by the European Commission to guarantee a level of protection equivalent to that guaranteed by EEA data protection laws, and therefore no additional guarantees are required for transfer personal data to these countries. In countries that have not received these approvals, we will implement appropriate guarantees for such a transfer, for example by using standard contractual clauses approved by the European Commission, or 4.7. If you would like a copy of the special protection measures that apply to the transfer of your personal data, please contact us as indicated in the “Contact Us” section below. C. Storage periods 4.8. Our retention periods for personal data are based on our commercial needs, the duration of our contractual relations with you, and legal requirements. We keep personal data as long as necessary for the purposes pursued by the collection of personal data and for any other authorized related purpose. For example, we may retain information relating to your user account for the duration of the Services we provide to you, certain information relating to subscriptions or transactions relating to the Assets until the expiration of the applicable limitation period, or to comply regulatory requirements regarding the storage of this data. When personal data is no longer required, |
|
5. Your rights & how to contact us
|
A. Advertising 5.1 You have the right to ask us not to process your personal data for commercial prospecting purposes. We will notify you if we intend to use your personal information for such purposes or if we intend to disclose your information to a third party for these purposes. You can exercise your right to object to such processing by not checking certain boxes on the forms that we use to collect your personal data. You can also exercise this right at any time by contacting us as indicated in the “Contact Us” section below. B. Updating your information 5.2. We will use our best efforts to ensure that your personal information is accurate. To assist us in this regard, you must notify us of any changes to your personal information that you have provided to us by contacting us through the procedures set out in the “Contact Us” section below. C. Your rights 5.3. For any question relating to the use of your personal data, please contact us as indicated in the “Contact us” section below. Under certain conditions, you have the right to ask us to:
5.4. The exercise of these rights is subject to certain exceptions for reasons of safeguarding the public interest and our interests (e.g. the protection of professional secrecy or compliance with our legal and regulatory obligations). If you exercise one of the rights listed above, we will study your request and reply to you within an average of one month. 5.5. In the event that you are not satisfied with the use made of your personal data or our response to the exercise of one of your rights, you have the right to lodge a complaint with the National Commission of the Informatique et des Libertés (the “CNIL”) or directly online on the CNIL website:https://www.cnil.fr/professionnel or by post by writing to the following address: CNIL, 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07, or any other competent national data protection authority in the Member State of the European Union in which you reside. D. Contact us 5.6. For any questions relating to this Privacy Policy, please contact us at the following email address: [email protected] |
|
6. Cookie management policy |
6.1. We inform you that, during its visits to the Site, one or more cookies may be automatically installed on your browser software. Cookies are data stored in your terminal equipment and used by the Site to send information to your browser, and allowing this browser to send information to the original site (for example a session identifier, the choice of a language or date). Cookies make it possible to store state information when a browser accesses the different pages of a website or when this browser subsequently returns to this website. The Visitor can refuse the installation of cookies by following the procedure indicated on his browser. In this case, the use of the Site and access to the Services could be altered, or even prove to be impossible. |
|
7. Modification of our Privacy Policy |
7.1. We may change our Privacy Policy at any time. When there are significant changes, we will notify you directly or indicate this clearly on our Site. |