Terms and Conditions of Sales

 

 

SURPERFORMANCE SAS (the "Company") is a simplified joint-stock company registered under French law − RCS Annecy nr 439 430 059 − with a capital of EUR 300,948. The Company’s registered office is located at 17 avenue d'Albigny, 74000 Annecy, France.

The Company offers several types of services and content via its website 4-traders.com ("the Website"), some of which are fee-based. These terms and conditions of sales (“Terms”), whose purpose is to define the rights and obligations of the parties, shall apply, without limitation, to any purchase by any user of the Website (hereinafter "Client").

 

By ordering on the Website, the Client acknowledges having read, understood and accepted both these Terms and the Terms of Service of the Website.

As a reminder, all services and content provided through the Website are restricted to persons legally capable of contracting under French law.

 

 

Article 1.Premium Access

1.1.Subscription

The fee-based Subscription allows the access to several items, including detailed market analysis, composition of portfolios held by the Company, thematic selections of stocks, and stock screeners. The exact content of the Subscription may vary at any moment without notice. The users should consult the Website in order to verify the content of the Subscription before ordering.

1.2.Text option

Clients who have subscribed may also access a text alert service. The Client can choose to subscribe to a pack of fifty (50), two hundred (200) or five hundred (500) text messages.

The text option is not linked to a specific Subscription and can be used with each type of portfolio, at the Client’s choosing.

 

Article 2.Prices

Prices are available on the Website in US Dollars or Euros, depending of the Client’s location. Prices included all local taxes, except for Professional prices, which are pre-tax. Prices do not include costs related to equipment and electronic communications, necessary for the use of services. These remaining costs are borne by the Client.

Prices are subject to change at any time. The applicable price is the one in effect at the date of Subscription.

 

Article 3.Professional status

The price of the Subscription may vary on the Professional or Non-Professional status of the Client. The Client agrees to make an honest declaration of his status as defined below.

The client is a Non-Professional if he meets the following criteria at the time of Subscription as well as, if appropriate, throughout the duration of the Subscription: 

If the Client does not meet any of the above criteria, the Client is considered a Professional and, by consequence, must pay the Professional Subscription fee.

Concerning his declaration, the Client recognizes and accepts that the Non-Professional Subscription is subject to the validity of the declaration. In this respect, he agrees to make available, upon request, any documents or information that may confirm the Client’s status. The Client understands and accepts that he will owe the Company all supplemental fees in case of violation, intentional or unintentional, of the terms of the declaration.

In case of doubt concerning his status, the User should contact the Company before making the declaration.

 

Article 4.Use of the Subscription

The Non-Professional Subscription is personal and non-transferable. The Client remains solely responsible for any use of the Subscription by a third party. 

Any misappropriation for the benefit of a non-subscribing third party will systematically lead to a revocation of the Subscription, in conformity with the article 7.2 above, without any form of compensation.

 

Article 5.Payment terms

All Services are payable through Paypal.  All Subscriptions are subject to automatic renewal.

The Monthly Plan is billed monthly, whereas all other Subscriptions are prepaid, at the time of Subscription.

 

Article 6.Duration

6.1.Subscription

6.1.1.Beginning of the Subscription

Activation of the Subscription takes place upon receipt of the payment by the Company, within a delay of at least one hour.

The Client is notified by e-mail, sent to the e-mail address provided upon ordering. The Client must therefore provide a valid e-mail address.

The Subscription starts on the day of activation.

6.1.2.Duration of Subscriptions

The Client may choose, at the time of his order, the duration of his Subscription. Duration is calculated from date to date, as of the day of activation.

All subscriptions shall renew automatically for the same period unless terminated by the Client under the conditions set out in Article 5.1 below.

6.2.Text option

The Text option will end only after the depletion of the number of subscribed alerts. If the current Subscription expires before the full consumption of alerts, the text balance remains in favor of the Client, who will regain full use in case of a new Subscription. No prorated refund of the unused text message balance will be made.

 

Article 7.Termination

7.1.Termination by the Client

The Client can terminate his Subscription at any moment via Paypal. The termination will be effective at the Subscription’s Expiration Date.

7.2.Termination by the Company

The Company reserves the right to suspend or terminate any Subscription in case of failure by the Client to respect the present Terms or of the Terms of Services, notably in case of default of payment, fraudulent use, or sharing content with non-subscribers.

This termination will be made without notice or compensation to the Client, who will be informed by e-mail sent to the e-mail address provided upon Subscription.

Such termination shall not affect the right of the Company to request legal damages for any prejudice incurred.

 

Article 8.No right of withdrawal

Purchasing any Service on the Website provides immediate access to digital content independent of any material support. Thus, in accordance with Article L. 121-21-8, 13°, of the French Consumer Code, the Client acknowledges and agrees that (i) the access to the Service begins upon confirmation of payment, before the end of the delay of fourteen (14) calendar days provided by the Consumer Code and (ii) he does not have the legal right of withdrawal related to distance selling.

 

Article 9.Intellectual property

The Company owns the Content published through the Services or has permission to share it.

All texts, photographs, images, charts, logos, databases and any kind of Content whatsoever is protected under intellectual property. Reproduction, transmission, or dissemination in whole or in part, in any form whatsoever, is strictly prohibited. Such reproduction may constitute counterfeiting in accordance with article L. 335-1 et seq. of the French Intellectual Property Code and is punishable by a three years imprisonment and a EUR 300,000 fine.

The Company reserves the right to implement any solution in order to restrain the dissemination or reproduction of the Content.

 

Article 10.Liability

10.1.Limitation of liability

The Content on the Website is intended for investors who have the necessary knowledge and experience to understand and appreciate the information developed.

Investing in financial markets implies risks and may cause losses superior to the amount invested. With the Subscription, the Client has access to the trades of the Company. These operations, as with the stocks selections, are disseminated for information only. They do not constitute an offer or solicitation to buy or sell financial products or services. The Client understands and accepts that use of the information disseminated takes place under his sole responsibility, without recourse against the Company. The Company will not be liable, whether in contract, in tort, under any warranty, for errors, omissions, improper investments, or adverse evolution of markets.

The company provides general advice, without consideration of investment objectives, financial situation, or needs of the Client. Investment may cause full or partial loss of invested amount. The Client should not speculate with an amount he cannot afford to lose.

10.2.Access to the Website

The Company strives to provide access to the Website 24/7, except in cases of force majeure or an event beyond the Company’s control, permitting for any breakdowns and maintenance necessary to the proper functioning of the Website and Services.

The Company cannot be held liable for inability to access the Website or use of Services.

 

Article 11.Personal Data

11.1.Data processing

Information collected during subscription is subject to a data processing intended for the proper performance of the services offered by the Website, registered with the CNIL under number 1832597. This data is never sold to thirds. However, it may be transmitted to Company’s commercial partners, with the express prior authorization of the Client concerned.

11.2.Right of access, correction and objection

In accordance with the "Informatique et Libertés" law of 6 January 1978 amended in 2004, Clients have a right to access and rectify their information. They also have the right to oppose, for legitimate reasons, the processing of their data. These rights may be exercised by mail (SURPERFORMANCE SAS, 17 avenue d'Albigny, 74 000 Annecy, France) or by email ([email protected]).

 

Article 12.Miscellaneous

12.1.Digital Content Features

The Website is available on the latest versions of major browsers for computers.

Digital content provided has no digital lock which may prevent its consultation on certain devices.

12.2.Proof

Data recorded by the Website or Paypal and e-mails exchanged with Clients constitute proof of all transactions with the Company.

12.3.Terms’ evolution

These Terms are effective immediately as they are posted on the Website and apply to any ordering made after that date.

The Company reserves the right to update these Terms at any time without notice. In case of modification of these Terms, the applicable Terms are those in force at the time of ordering.

12.4.Applicable Law

Both the Website and its conditions of use, including access to and use of the Products, are governed by French Law, whatever the location or nationality of the Client.

The contract is considered concluded at the Company’s headquarters.

In case of any dispute, and after the failure of all attempts at finding an amicable solution, the French courts of the Company’s headquarters will have jurisdiction to hear the dispute.

 

 

Last update: 2017-06-28