1.     Scope of application

1.1.     The purpose of these General Conditions of Use (hereinafter “GCU”) is to define the terms of access and use of the FINRACK platform (hereinafter the “Platform”) accessible at the address www.my.finrack.com .

1.2.   The Platform is operated by FINRACK SA (hereinafter “Finrack”), whose registered office is located at 1050 Ixelles, avenue Arnaud Fraiteur 15-23, registered with the BCE under number 1008.242.942, as well as by FNRCK INVEST SRL, whose registered office is located at 1040 Etterbeek, rue des Pères Blancs 4, registered with the BCE under number 0800.546.146.

1.3.   These T&Cs are applicable during any visit or use of the Platform by a user (hereinafter “User”).

1.4.   By registering on the Platform, the User acknowledges having read these T&Cs and expressly accepts the rights and obligations mentioned therein.

1.5.   Unless otherwise stated, these T&Cs are the only ones valid, to the exclusion of all others.

1.6.   Any derogation from these T&Cs must be expressly validated in writing by Finrack.

1.7.   The latest version of these T&Cs can be consulted at any time at www.my.finrack.com .

2.   Definitions

2.1.   For the purposes of these T&Cs, capitalized terms not defined elsewhere in these T&Cs have the meanings given to them below:

–        User : any natural or legal person using the Platform following their registration on it.

–        Buyer : any natural or legal person who purchases Stock from a Seller.

–        Seller : any natural or legal person who sells their Stock to a Buyer.

–        Stock : all goods, merchandise, products, materials, supplies, waste, semi-finished or finished products, work in progress, commercial packaging, etc. belonging to the Seller and intended either to be sold as part of its current activity or to be consumed in its production activity, and subject to a sale in accordance with a stock sale contract.

3.   Access and use of the Platform

3.1.   Access to the Platform is reserved for Users who meet the following conditions :

·       Legal Existence and Registration : The User registers on the Platform as a natural person or on behalf of an entity constituted as a legal person (such as a commercial or civil company). In both cases, the User must be duly registered and registered with the competent authority of the country concerned.

·       Legal representation : When the entity is a legal entity, it must be represented by a duly authorized person with the necessary powers to validly bind the entity it represents. A copy of the representative’s identity document must be sent to Finrack upon registration. In the event of a change of legal representative (revocation, resignation or replacement), the User undertakes to immediately inform Finrack and provide it with information relating to the new representative as well as their powers. In the absence of notification, the User’s access may be immediately suspended. However, the User will remain liable, both to Finrack and to other Users, for actions carried out in its name by the former representative whose powers have been revoked without this change having been officially communicated to Finrack.

·       Financial situation : The entity must not be in a situation of bankruptcy, dissolution or be the subject of liquidation proceedings, whether judicial or voluntary.

·       Legal compliance and absence of prosecution : Neither the entity nor its legal representatives must be subject to any conviction or criminal or administrative prosecution related to financial offenses (such as money laundering, tax or social security fraud, etc.).

3.2.  When registering on the Platform, the User must create a personal username and password, which he/she undertakes to keep confidential.

3.3.  Finrack reserves the right to restrict the User’s access to the Platform or to interrupt its operation at any time, without prior notification and without compensation, whether permanently or temporarily, (1) in the event of a violation of the T&Cs, (2) suspicion of fraud or (3) non-compliance with contractual obligations.

3.4.  The User agrees to use the Platform in a manner consistent with its intended purpose and not to disrupt its proper functioning. In this way, the User agrees to use the Platform in good faith and not to misuse it for fraudulent or illicit purposes.

3.5.  Finrack takes all reasonable and necessary measures to ensure the proper functioning, security, and accessibility of the Platform. However, Finrack cannot offer a guarantee of absolute operability. Its actions must be considered as covered by an obligation of means. Finrack does not guarantee continuous access to the platform in the event of maintenance or technical incident.

3.6.  Any use of the Platform is always at the User’s own risk. Finrack cannot be held liable for any damages that may result from possible malfunctions, interruptions, defects, or harmful elements present on the Platform.

4.   Accessible services

4.1.   The Platform offers its Users the following services:

–        Managing their investments: the Platform allows Users to track the progress of their investments in real time, with details on the amounts invested, the available liquidity and the annual rate of return on these investments.

–        Visualization of financial data in the form of interactive tables and graphs.

–        Access to detailed profiles of the companies financed, including data on their turnover, their sector of activity and their products.

–       Real-time stock valuation for the Buyer;

–       Monitoring of the value of the Stock during the term of the contract;

5.   Links to other websites

5.1.   The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Finrack and the external website, or even that an implicit agreement has been entered into with this external website.

5.2.  Finrack has no control over external websites. Finrack cannot, therefore, be held responsible for the safe and correct functioning of hyperlinks and their final destination.

6.   Intellectual Property

6.1.   The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the Platform are the property of Finrack and are protected as such by the legislation in force regarding intellectual property.

6.2.  Any representation, reproduction, adaptation or partial or total exploitation of content, registered trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of Finrack, is strictly prohibited, with the exception of elements expressly designated as royalty-free on the Platform.

6.3.  The User of the Platform is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Without prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.

6.4.  The User is prohibited from entering data on the Platform which would modify or which could modify its content or appearance.

7.   Responsibility

7.1   Finrack undertakes to provide its services diligently but cannot be held responsible for the consequences of inappropriate use by the User.

7.2  Finrack reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring liability.

7.3  Finrack shall not be held liable under any circumstances for loss of profit, loss of data or intangible damages.

7.4 Finrack does not guarantee the profitability of investments made via the Platform and cannot be held responsible for any financial loss.

7.5  The User is solely responsible for the information he provides and for his use of the Platform. He undertakes to verify the accuracy of the information displayed.

7.6 Any complaint regarding the Platform’s services or the information displayed on it must be communicated in writing to Finrack within 15 days of discovering the problem. After this period, the complaint will not be considered.

8.   Confidentiality and Data Protection

8.1   Finrack processes all personal data provided by the User in accordance with privacy legislation and its Privacy Policy, which the User declares to have read.

8.2 The Privacy Policy is available on the Finrack website: www.finrack.com .

8.3 The parties undertake to preserve the confidentiality of all information exchanged in the context of the use of the Platform.

9.   Force majeure

9.1   The obligations of the parties are suspended or limited for the duration of the force majeure event.

9.2  By “force majeure” is meant: any unforeseeable and unavoidable event which is beyond the control of the parties and constitutes an insurmountable obstacle to the performance of the parties’ obligations, including, but not limited to, server failures or malfunctions, major computer attacks (cyberattacks, ransomware, etc.), interruption of telecommunications or electricity networks, natural disasters, fires, network failures, strikes, acts of terrorism or terrorist threats, epidemics or pandemics, government restrictions, as well as any circumstance making the performance of the parties’ obligations more onerous and/or impossible.

9.3  Finrack shall not be held liable in the event of delay or non-performance of its obligations due to a case of force majeure, as defined in point 11.2.

10.         General provisions

10.1If any provision of these T&Cs is declared invalid or void, this will not affect the validity of the other provisions of the General Conditions, but this invalid or void provision will be replaced, with all due diligence, by a valid provision as close as possible to Finrack’s original intention.

10.2        In the event of a discrepancy between several language versions of the T&Cs, the French language version shall prevail, unless otherwise indicated.

10.3        No tolerance or waiver by Finrack to exercise any right shall be construed as a waiver of any other right.

10.4        Unless expressly opposed in writing, Finrack is authorized to use, for commercial reference purposes, the name and logo of the entity on behalf of which the User has registered on the Platform.

11.  Applicable law and competent jurisdiction

11.1  These T&Cs are governed by Belgian law.

11.2 Any dispute relating to these T&Cs will be exclusively and definitively settled by the competent courts of the French-speaking judicial district of Brussels.