General terms of use of the Website

The purpose of these general conditions is to define the terms and conditions of use
of the services offered on the site (hereinafter: the “Services”), as well as to define
the rights and obligations of the parties in this context.


In particular, they are accessible and printable at any time via a direct link at the
bottom of the site’s home page.


They may be supplemented, if necessary, by conditions of use specific to certain
Services. In the event of a contradiction, the specific conditions prevail over these
general conditions.

FinX, simplified joint stock company, with capital of 54,954 euros, whose head office
is 1 rue de Bruneval, 76610 Le Havre, registered in the Le Havre Trade and
Companies Register under number 851 734 236, represented by Mr. Harold
Guillemin, acting as Chairman and CEO.


Hereinafter referred to as “FinX


FinX can be contacted using the following contact details:


Postal address: 78Rue Phillippe de Girard 75018
Email address : hello@finxmotors.com

The Services are accessible, subject to the restrictions provided on the site:


– to any natural person with full legal capacity to commit to these general
conditions. The natural person who does not have full legal capacity can
only access the Site and the Services with the agreement of their legalrepresentative;


– to any legal entity acting through a natural person having the legal
capacity to contract in the name and on behalf of the legal entity.

Acceptance of these general conditions is indicated by a check box in the registration
form. This acceptance can only be full and complete. Any membership subject to
reservation is considered null and void. The User who does not agree to be bound by
these general conditions must not use the Services.

5.1 Use of the Services requires the User to register on the site, by completing the
form provided for this purpose. The User must provide all information marked
as mandatory. Any incomplete registration will not be validated.


Registration automatically results in the opening of an account in the name of
the User (hereinafter: the “Account”), giving them access to a personal space
(hereinafter: the “Personal Space”) which allows them to allows you to
manage your use of the Services in a form and according to the technical
means that FinX deems most appropriate to provide said Services.


The User guarantees that all the information he gives in the registration form is
accurate, up to date and sincere and is not tainted by any misleading
character.


He undertakes to update this information in his Personal Space in the event of
modifications, so that it always corresponds to the aforementioned criteria.


The User is informed and accepts that the information entered for the
purposes of creating or updating his Account constitutes proof of his identity.
The information entered by the User is binding upon validation.


5.2 The User can access their Personal Space at any time after identifying
themselves using their login ID and password.


The User undertakes to use the Services personally and not to allow any third
party to use them in their place or on their behalf, unless they bear full
responsibility.


He is also responsible for maintaining the confidentiality of his username and
password. He must immediately contact FinX to the contact details mentioned
in article 2 hereof if he notices that his Account has been used without his
knowledge. He recognizes FinX the right to take all appropriate measures in
such a case.

The User has access to the Services described on the site, in a form and according to
the functionalities and technical means that FinX deems most appropriate.

The User expressly acknowledges and accepts:


(i) that the data collected on the site and on the computer equipment of FinX
constitute proof of the reality of the operations carried out within the
framework hereof;


(ii) that these data constitute the only mode of proof accepted between the parties,
in particular for the calculation of the sums due to FinX


The User can access this data in their Personal Space..

Without prejudice to the other obligations provided for herein, the User undertakes
to respect the following obligations:


8.1 The User undertakes, in his use of the Services, to respect the laws and
regulations in force and not to infringe the rights of third parties or public
order.


In particular, he is solely responsible for the proper completion of all
formalities, particularly administrative, tax and/or social, and for all payments
of contributions, taxes or duties of all kinds which are his responsibility, where
applicable, in relation to his use of the Services. The responsibility of FinX
cannot under any circumstances be held liable in this capacity.


8.2 The User acknowledges having read on the site the characteristics and
constraints, particularly technical, of all the Services. He is solely responsible
for his use of the Services.


8.3 The User is informed and accepts that the implementation of the Services
requires that he be connected to the internet and that the quality of the
Services depends directly on this connection, for which he is solely
responsible.


8.4 The User is also solely responsible for the relationships he may establish with
other Users and the information he communicates to them within the framework of the Services. It is up to him to exercise appropriate caution and
discernment in these relationships and communications. The User further
undertakes, in his exchanges with other Users, to respect the usual rules of
politeness and courtesy.


8.5 The User undertakes to make strictly personal use of the Services. It therefore
undertakes not to assign, grant or transfer all or part of its rights or obligations
hereunder to a third party, in any manner whatsoever.


8.6 The User undertakes to provide FinX all information necessary for the proper
execution of the Services. More generally, the User undertakes to actively
cooperate with FinX for the proper execution of these presents.


8.7 The User is solely responsible for content of any nature (editorial, graphic,
audiovisual or other, including the name and/or image possibly chosen by the
User to identify it on the site) that it distributes in within the framework of the
Services (hereinafter referred to as: the “Contents”).


It guarantees FinX that he has all the rights and authorizations necessary for
the distribution of this Content.


It undertakes to ensure that said Content is lawful, does not infringe public
order, good morals or the rights of third parties, does not infringe any
legislative or regulatory provision and more generally, is in no way likely to put
into question game the civil or criminal liability of FinX.


The User is therefore prohibited from distributing, in particular and without
this list being exhaustive:

  • pornographic, obscene, indecent, shocking or unsuitable for a family
    audience, defamatory, offensive, violent, racist, xenophobic or revisionist
    content,
  • infringing Content,
  • Content that harms the image of a third party,
  • Content that is misleading, misleading or offers or promotes illicit,
    fraudulent or misleading activities,
  • Content harmful to third party computer systems (such as viruses, worms,
    Trojan horses, etc.),
  • and more generally Content likely to infringe the rights of third parties or
    be harmful to third parties, in any way and in any form whatsoever.

8.8 The User acknowledges that the Services offer him an additional solution but
not an alternative to the means he already uses elsewhere to achieve the
same objective and that this solution cannot replace these other means.

8.9 The User must take the necessary measures to save by his own means the
information in his Personal Space that he deems necessary, no copy of which
will be provided to him.


8.10 The User is informed and accepts that the implementation of the Services
requires that he be connected to the internet and that the quality of the
Services depends directly on this connection, for which he is solely
responsible.

The User guarantees FinX against any complaints, claims, actions and/or demands
whatsoever that FinX could suffer due to the User’s violation of any of its obligations
or guarantees under these general conditions.


He undertakes to compensate FinX of any damage that it may suffer and to pay all
costs, charges and/or convictions that it may have to bear as a result.

10.1 It is strictly prohibited to use the Services for the following purposes:

  •  the exercise of illegal, fraudulent activities or activities that infringe the
    rights or security of third parties,
  • breach of public order or violation of laws and regulations in force,
  • intrusion into the computer system of a third party or any activity likely to
    harm, control, interfere, or intercept all or part of the computer system of a
    third party, or violate its integrity or security,
  • sending unsolicited emails and/or prospecting or commercial solicitation,
  • manipulations intended to improve the referencing of a third-party site,
  • assistance or incitement, in any form and in any manner whatsoever, to one
    or more of the acts and activities described above,
  • and more generally any practice diverting the Services for purposes other
    than those for which they were designed.

10.2 Users are strictly prohibited from copying and/or diverting for their own
purposes or those of third parties the concept, technologies or any other
element of the site FinX.


10.3 Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow
down or prevent the continuity of the Services, (ii) any intrusions or attempted
intrusions into the systems of FinX, (iii) any misappropriation of the site’s
system resources, (iv) any actions likely to impose a disproportionate load on
the site’s infrastructure, (v) any breach of security and authentication
measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of FinX or users of its site, and finally more generally (vii)
any breach of these general conditions.


10.4 It is strictly prohibited to monetize, sell or grant all or part of access to the
Services or the site, as well as to the information hosted and/or shared there.

In the event of failure to comply with any of the provisions of these general
conditions or more generally, violation of the laws and regulations in force by a User
FinX reserves the right to take any appropriate measure and in particular to:


(i) suspend or terminate access to the Services of the User, author of the breach or
offense, or having participated in it,
(ii) delete any content posted on the site,
(iii) publish on the site any information message that FinX will find it useful,
(iv) notify any authority concerned,
(v) take any legal action.

12.1 FinX undertakes to provide the Services diligently and according to the rules of
the art, it being specified that it has an obligation of means, to the exclusion of
any obligation of result, which Users expressly recognize and accept.


12.2 FinX is not aware of the Content posted online by Users as part of the
Services, on which it does not carry out any moderation, selection, verification
or control of any kind and with regard to which it only intervenes as a hosting
provider.


Consequently, FinX cannot be held responsible for Content, the authors of
which are third parties, any possible claim having to be directed in the first
place towards the author of the Content in question.


Content harmful to a third party may be subject to notification to FinX
according to the terms provided for in article 6 I 5 of law no. 2004-575 of June
21, 2004 for confidence in the digital economy, FinX reserving to take the
measures described in article 


12.3 FinX declines all responsibility in the event of possible loss of information
accessible in the User’s Personal Space, the latter having to save a copy and
not being able to claim any compensation in this respect.


12.4 FinX undertakes to carry out regular checks to verify the operation and
accessibility of the site. As such, FinX reserves the right to temporarily
interrupt access to the site for maintenance reasons. Likewise, FinX cannot be
held responsible for temporary difficulties or impossibilities in accessing the site which may be due to circumstances external to it, force majeure, or which
may be due to disruptions in telecommunications networks.


12.5 FinX does not guarantee Users (i) that the Services, subject to constant
research to improve their performance and progress, will be completely free
from errors, defects or defects, (ii) that the Services, being standard and in no
way offered for the sole purpose of a given User based on their own personal
constraints, will specifically meet their needs and expectations.


12.6 In any event, the liability likely to be incurred by FinX hereunder is expressly
limited to only proven direct damage suffered by the User.

The systems, software, structures, infrastructures, databases and content of all kinds
(texts, images, visuals, music, logos, brands, database, etc.) operated by FinX within
the site are protected by all intellectual property rights or rights of database
producers in force. All disassembly, decompilation, decryption, extraction, reuse,
copying and more generally, all acts of reproduction, representation, distribution
and use of any of these elements, in whole or in part, without the authorization of
FinX are strictly prohibited and may be subject to legal action.

FinX practices a personal data protection policy, the characteristics of which are
explained in the document entitled “Privacy Policy”, of which the User is expressly
invited to read on the site.

FinX 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
including FinX will be the sole judge.

FinX cannot under any circumstances be held responsible for the technical
availability of websites or mobile applications operated by third parties (including
any partners) which the User accesses via the site.

FinX assumes no responsibility for the content, advertising, products and/or services
available on such third-party sites and mobile applications, which are governed by
their own conditions of use.

FinX is also not responsible for transactions between the User and any advertiser,
professional or merchant (including any partners) to whom the User may be directed
through the site and cannot under any circumstances be a party to any possible
disputes whatsoever with these third parties concerning in particular the delivery of
products and/or services, the guarantees, declarations and any other obligations to
which these third parties are bound.

The Services are subscribed for an indefinite period.


The User may unsubscribe from the Services at any time, by sending a request to this
effect to FinX by email, to the contact details mentioned in article 2.


Unsubscription is effective immediately. It results in the automatic deletion of the
User’s Account.

FinX reserves the right to modify these general conditions at any time.


The User will be informed of these modifications by any useful means.


The User who does not accept the modified general conditions must unsubscribe
from the Services in accordance with the terms provided for in article 18.


Any User who uses the Services after the entry into force of the modified general
conditions is deemed to have accepted these modifications.

In the event of a translation of these general conditions into one or more languages,
the language of interpretation will be the French language in the event of
contradiction or dispute over the meaning of a term or provision.

These general conditions are governed by French law.


In the event of a dispute over the validity, interpretation and/or execution of these
general conditions, the parties agree that the courts of Paris will have exclusive
jurisdiction to judge the matter, unless mandatory procedural rules to the contrary.

These general conditions came into force on January 1, 2024.

Edited: January 2024

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