Terms & conditions
The purpose of this Terms & Conditions Agreement is to define the conditions under which the benefits from the Services and Content provided by the Company through its Website and/or App. All Services and Content provided by MAARKT and made available to the User is detailed on the Website and/or on the App.
We invite you to read carefully the following provisions. By accessing, registering and continuing to browse this Website and/or App, you acknowledge that you have read, understood and accepted the terms and conditions set out below. Each use (free of charge and/or under paid subscription) as well as any connection of the Website and/or App and the related Services irrevocably constitutes acceptance of these terms and conditions.
The current online version of these terms and conditions is the only one that is enforceable during the entire period of use of the Website and/or App and the Services provided. The Publisher gives itself the possibility to modify them from time to time to meet the needs of the evolution of the Website and/or the App, its Content and the Services provided, but also due to legislative and regulatory changes. The User is therefore invited to consult them on a regular basis. Nevertheless, in the event of a substantial change, MAARKT undertakes to notify you. If you no longer accept and/or understand these terms and conditions, we invite you to stop using the Website and/or the App and related Services.
Article 1: Definitions
The definitions hereinafter apply to all the provisions and conditions set out in this Agreement, as well as to any other contractually formalized relationship between MAARKT and the User of the Website and the Services offered on it:
“Agreement”: refers to all the provisions and conditions set forth in this “Terms & Conditions”. This definition also applies to the “Convention” expression.
“App”: refers to the interactive electronic service operated by MAARKT, accessible from any terminal with an Internet connection, by free downloading from an application store or by viewing via a web browser and which allows, if applicable after installation, to access the Services and Content.
“Confidential Information”: means all information, data, documents, requests and quotations, software, know-how, inventions, prototypes, studies and tools, which are of a commercial, financial, technical and personal nature, and which are communicated in oral, visual form, computer or handwritten by the Issuing Party (refers to the party that issues Confidential Information) to the Beneficiary Party (refers to the party that receives the Confidential Information transmitted by the Issuing Party), and which, on the one hand, are considered to be confidential by the Issuing Party, and on the other, concern the relations between the Parties related to the use of the Website and/or the Services in general terms.
“Content”: refers generally to all the content of the Website, namely the Data (natively produced by the Publisher), documents, texts, sounds, images, drawings, graphics, distinctive signs, logos, trademarks, prices, software, sample data, know-how, inventions, prototypes, information (which does not fall within the definition of Confidential Information), studies and tools provided by the Website and the related Services during free and/or paid use.
“Force Majeure”: any event that is unpredictable, irresistible and beyond the control of the Party concerned by the event is considered to be a Force Majeure event. Proof of the occurrence of this event shall exonerate the Party that suffered this event from any liability, provided that it has notified the other Party and has done everything possible to minimise the consequences of this event.
“Publisher”: the physical or legal person mentioned in Article 2-2 of this Convention. This definition also applies to the terms “MAARKT”, “the Company”, “we”, “us”, and “our”.
“Services”: refers to the services, interfaces, applications described in Article 3-2 of the present Agreement, which provide access to the Content of the Website, its functionalities, and which allow, facilitate and assist in the use and navigation of the Website and its Content. This definition also refers to all their extensions in the form of alerts, newsletters, calendars and functionalities of the User's terminal, necessary for their operation. This definition applies to both free and paid use. “User”: refers to the natural or legal person who uses the Website and Services, but also to the person who registers and therefore has access through his Account to a Personal Space. This definition also applies to the terms “you” and “Buyer”.
“Authorized User”: refers to any employee or person contractually bound to the User who has been authorized to use the Website and its Services by the User for the sole benefit of the User's personal interests. You hereby undertake to ensure that Authorized Users also guarantee compliance with all the provisions and conditions of the said Agreement. As such, you accept full and complete responsibility for their acts and omissions that may contravene this Agreement.
“Website”: all the pages of the website “Koinju.io”, its interface, its Content, logo, slogan, on which the online Services are provided by the Publisher.
Article 2: Legal Notices
This Website is accessible at the following link: https://koinju.io (referred to as “the Website”).
The Website is published by and is the exclusive property of MAARKT, a simplified joint-stock company with a share capital of 13,340 euros, whose registered office is located at 3 rue Alaric II 31000 Toulouse, registered with the RCS of Toulouse under number 84800524500016, number SIREN 848 005 245.
2-3: Hosting service provider
The Website is hosted by Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226, accessible via http://aws.amazon.com (hereinafter referred to as “the Host”).
General Terms & Conditions of Use of the Website & Services
Article 3: Use of the Website & Services
Welcome to Koinju!
With this “beta ver.” of the Website, you are able to read crypto market data, directly on our “Homepage”. Then, you do not need to create any personal account if you just want to watch crypto prices. Later versions of the Website will permit you to personalize your crypto watch and your general experience.
All you have to do for the moment, is to enjoy your watch!
3-2: Access to the Website
The MAARKT Website is accessible 24 hours a day, 7 days a week. In the event of interruption of our Services for any technical or unforeseeable reason, such as Force Majeure, maintenance or updating, it will be notified by means of an announcement message on the home page of this Website. This interruption does not engage the responsibility of MAARKT and cannot therefore give rise to a claim for compensation. However, we undertake to do everything possible to restore the functioning of the Website as soon as possible.
Access to the Website, as well as its use, are reserved for strictly personal use. You agree not to use this Website and its Content for any commercial, political, or even advertising purposes. Access to the Website is restricted to adults only. Thus, the Publisher reserves the right to request any proof when using the Website and all its Services.
Article 4: Duration
This Agreement shall take effect from the User's first visit to the Website or App, and continues each time the User visits Koinju.io. However, this Agreement shall terminate upon the effective date of the following assumptions:
4-2: Termination Conditions
Termination may be initiated by MAARKT if:
The Publisher, and therefore MAARKT, interrupts or withdraws, in whole or in part, the provision of its Services to all Users, with regards to the cases explained in Article 3-2. In any case, the Company shall not be held liable for any damage resulting from this hypothesis.
Termination may be initiated by the Parties, with immediate effect and at any time, if:
- One of the two Parties commits one or more breaches of the provisions and conditions of this Agreement and does not remedy such breaches within thirty (30) days of notification of such breach by the Party which considers itself aggrieved;
- One of the two Parties has an insolvency problem, which must be proven by the insolvent Party.
4-3: Maintenance of the provisions
Nevertheless, the expiry of this Agreement and the contractual and commercial relations between the Parties shall not affect the rights, obligations and responsibilities of the Parties whose survival is specified in this Agreement.
Article 5: Intellectual Property
The Website, the App, their Content, and the Services offered must be considered the sole property of the Publisher, and/or are controlled by the latter. All these elements are subject to the provisions of the Intellectual Property Code; it is therefore protected against any use not authorized by law or this Agreement. The reproduction, extraction, representation, copying, adaptation, downloading, screen printing, distribution, publication, modification, storage, direct or indirect, partial or total, including in buffer or temporary storage, of these elements is authorised only for information purposes and/or copies or reproductions intended for strictly private and personal use. Any other reproduction, representation, copy, adaptation, downloading, screen printing, distribution, publication, modification or storage, direct or indirect, partial or total, including in buffer or temporary storage of the aforementioned elements, on any medium or by any process whatsoever, and which goes beyond the authorised and aforementioned use, is in principle prohibited and requires prior written authorisation from MAARKT. It is also prohibited to use the MAARKT Website for public, political or commercial purposes without the prior written consent of the said Company.
Failure to comply with these prohibitions will lead to legal proceedings.
Finally, nothing in this Agreement shall be construed as establishing a collaboration between the Parties or as granting the User an option, a license (unless in this specific case to benefit from a Licence Agreement) or more generally any privilege whatsoever, for any reason whatsoever on the Website and/or the App and their Content and Services.
As we are in beta test, there is no personal data processing, neither cookies using.
Article 7: Services Availability
MAARKT undertakes to do its utmost to ensure the continuity of its Services, regardless of the maintenance operations of said Services and/or Servers and/or the Website and/or the App. As such, the Company is bound by a best endeavours obligation.
The Company reserves the right to modify, interrupt, at any time, temporarily or permanently all or part of the Website without right to compensation.
Consequently, the Company may not be held liable for difficulties or impossibilities of access, slow connection or any other technical problem due to circumstances and/or to any operator outside the Company.
Article 8: Disclaimer & Limitation of Liability
The information and data provided by this Website and the App and related Services should not be construed as financial advice, investment advice, trading advice, legal advice, or any other kind of advice. The same applies to the rest of the Website Content and the App. The Company does not recommend that you buy, own or sell crypto assets. We therefore encourage you to be vigilant if you wish to make any investment, to spend only what you are able to lose and/or repay, and if necessary, to consult a professionally competent advisor before making any decision.
The Company makes every effort to ensure the accuracy of the Content it provides on this Website and on the App. Nevertheless, the Website, its Content and related Services are provided “as is” and “as available”, and do not commit the Company to respond to the User’s specific need and/or situation. MAARKT cannot be held responsible for any missing or incorrect information.
Furthermore, Data provided by the Website is based on unrelated third-parties’ data (primary data providers and their hypothetical suppliers). With regards to this, the Company cannot guarantee neither the accuracy, reliability and completeness of these third-parties’ data nor related manipulation risks.
In addition, we hereby certifies that we are not subject to any conflicts of interest with the primary data providers. MAARKT is not affiliated in any way with any crypto assets, exchange platforms or other sites, and does not make any privileged promotion or opinion about one or more of them. The methods used are practiced with objectivity and integrity, according to transparent and public calculation methods.
As a result, you accept all risks associated with the use of the Content on the Website and on the App provided by our Services and are therefore fully responsible for such use and the consequences that may result.
What’s more, the Website and/or the App and related Services admit and/or may display advertisements and links to external, promotional, or corporate sites promoting the possibility of downloading software or other content or services considered to be of interest to you. MAARKT assumes no responsibility for these links and sites, or even for their content, the information they provide, any form of legal or illegal communication they may have with you, or the goods and services provided by them. The Company shall not be liable for any lack of control over such content, goods, services, software and other materials promoted by other sites, and shall not bear any liability for any loss or damage suffered by you as a result of accessing and/or using such materials. You agree to bear the risks associated with the access and/or use of these elements mentioned above in this paragraph.
Finally, the Company may under no circumstances be held liable in any proceedings brought against the User and/or an Authorized User who is guilty of non-compliant use and/or exploitation of the Website and/or the App and/or the Services and Content they provide. The User and/or Authorized User acknowledges and accepts in this regard that it will be personally responsible for any claim or proceeding brought against MAARKT as a result of its non-compliant use and/or exploitation of the Services and/or the Website and/or the App and having caused any damage whatsoever to any natural or legal person whatsoever.
Article 9: Forbidden behaviours
You are hereby committed to:
- Not to copy, modify or create content derived from the Website and/or the App, and therefore from their Content and the Services provided therein;
- Do not copy, manipulate or aggregate any content (including Data) for the purpose of making it available to a third party, unless you have a Licence Agreement that specifies the conditions and scope of such exploitation;
- Not to exchange, sell, rent, lease, lend, or assign your Licence Agreement if you are Licensee, whether commercially or free of charge;
- Not to use or introduce into the Website and/or App and their Services any method of data extraction, exploration, robot or other automated or manual method of data collection or extraction, or attempt to acquire, monitor or copy any part of the Content and Services, or to download or store content on the Website and/or App (unless expressly authorized in advance by MAARKT);
- Not to make excessive requests for information or take any action that interferes with, disrupts or imposes an excessive burden on the Services, on any server or network connected to the Website and/or App, or on the quality or availability of any content, speed or with respect to the functionality of the Website and/or the App and Services provided;
- Do not introduce a virus, Trojan horse, worm, time bomb or other malicious program into the Website and Services, or use any device, software or routine to bypass any software or hardware that prohibits large requests for information;
- Not violate and/or circumvent any security measures designed to limit or prevent access to the Website and/or the App, Content and Services, as well as otherwise attempt to obtain unauthorized access to the Services, any Content, any computer system or network connected to the Website and/or the App or a MAARKT server, whether by hacking, password mining, unauthorized use of the password and/or third-party identification information;
- Do not restrict, prevent or hinder the use of the Service(s) and access to the Content by any other User;
- Not to introduce or otherwise distribute through the Website and/or the App any computer program that damages, interferes with, intercepts, collects, collects, discloses any system, data or personal information that we have or that belongs to a User or a third party;
- Not to use the Website and/or the App, as well as their Content and/or related Services, to enter into any relationship with any activity that is manifestly illegal and/or that involves the product of any manifestly illegal activity;
- More generally, do nothing or attempt to do anything that could compromise the existence, operation and/or reputation of the Website, the App of their Content and the Services provided therein;
- And finally, not violate the provisions of this Convention.
Article 10: Governing law et Jurisdiction
This Agreement is subject to the provisions of French law, which will govern, more broadly, all matters relating to the formation, validity, interpretation, execution, non-performance and termination of this undertaking or its annexes.
In the event of difficulties in the interpretation or execution of this Agreement, the Parties shall endeavour to resolve their dispute amicably. For any complaint about this, please contact us at the following address: firstname.lastname@example.org.
In the event of persistent disagreement, any dispute, controversy or dispute relating to the formation, validity, interpretation, execution, non-performance and termination of this Agreement or its annexes shall be brought exclusively before the Toulouse Commercial Court.
Article 11: Language of the Agreement
These conditions are written in French. In the event that they are translated into one or more foreign languages, the French version alone shall prevail in the event of a dispute.