Terms of Use
Lord Services, doing business as Davensi (“Davensi”, the “Company”, “we”, “our” or “us”) welcome you (the “User(s)”, or “you”) to our website at https://www.davensi,com (the “Site”). Each Users may use the Site in accordance with the terms and conditions hereunder. Please note that these Terms also apply, with necessary changes, to any materials published by Davensi, unless otherwise explicitly stated in specific terms and conditions which are provided in connection with the purpose of the Site.
1 - Acceptance of the Terms
By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at : https://www.davensi.com/privacy-policy, (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Davensi and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Site is available only to individuals who (a) are at least nineteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and (if applicable, your organization's behalf) and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, and where applicable, any act or omission performed by you in connection with the Site shall obligate your organization.
2 - The Site and Framework of the Services
The Site provides comprehensive information regarding Davensi, a description of our platform (such as "DV Invest", the "Platform" and other features provided by the Platform. The Site may also collect user information through a specific form to integrate it into a mailing list. By submitting the form, the User consent to being potentially contacted to become a beta tester for our upcoming platform. Additionally, the User agrees to receive newsletters from Davensi, containing updates about our activities, product releases, and other relevant information.
The User is hereby informed of the existence of an 'Early Bird Program' ("Program") being offered by Davensi, subject to the following stipulations:
A free one-year subscription applicable to one of the four subscription plans that will be presented at the product launch. These Terms and Conditions of Use will be updated with a description of the four subscription plans as well as the plan that will be subject to this free offer for the first year. Davensi reserves the right to assign this benefit to any one of the plans proposed to users.
Trading on the centralised exchange aspect of our service will be free of charge for a period of six months from the launch of the platform. All terms and conditions relating to this promotion will be specified in these Terms and Conditions of Use and an update is planned to inform our users about the benefits of this promotion.
A weekly newsletter service is also part of the 'Early Bird Program.' This service provides a general or themed newsletter at a set frequency. The subscription to a newsletter may be free of charge by simply registering an email address or may be subject to additional conditions. Any special conditions applicable to a newsletter are specified in the corresponding registration form. The User may unsubscribe from a newsletter at any time by clicking on the unsubscribe link included in each newsletter. By subscribing to any of the Davensi newsletters/mailing lists, the User acknowledges that they have read, understood, and agreed to these Terms and Conditions, including our Privacy Policy. Continued subscription and receipt of the newsletters/mailing lists is considered as acceptance of any amended Terms and Conditions, which the User may review at any time.
Please note that 'The Early Bird Program' is only available on the desktop version of the Platform. The mobile version will only be accessible following the official launch of the application.
Be also advised that our promotional activities, herein referred to as the 'Marketing Campaign', shall commence as of July 20, 2023, and shall persist through to the projected official release date of the product, currently anticipated to occur in the final quarter of September. Furthermore, take notice that these terms are subject to modification upon the formal launch of the product, at which time such amendments will take effect immediately and supersede any prior Terms.
Please note that these Terms also apply, with necessary changes, to the materials published by Davensi (in each case, including if it is conducted or published on third party platforms or outside the Site), unless otherwise explicitly stated in specific terms and conditions which are provided in connection with such materials. All Content (as defined below) and features offered via the Site, including any marketing materials published by Davensi (whether through the Site the otherwise) shall hereinafter be referred to, collectively, as the "Services".
For purposes of these Terms, the "Site" includes any content related thereto, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, Third Party Content (as defined below) and other features obtained from or through the Site (collectively, the "Content").
The Site and Services may include third party content (including without limitation, third party resources, articles, blogs and third-party events, videos, webinars, activities etc.) (collectively, “Third-Party Content”). All such Third-Party Content belongs solely to its third-party source and Davensi makes no warranties or representations in respect of such, whether or not it has control over such third-party content, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third-Party Content. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such Third-Party Content, including without limitation your dealings with any third party, including other Users, third party sources and third-party vendors found on or through the Site.
DAVENSI AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO, NOR CAN THEY VERIFY, THE ACCURACY OF INFORMATION REPRESENTED IN SUCH THIRD-PARTY CONTENT, AND USE OF THIRD-PARTY CONTENT IS ENTIRELY AT YOUR RISK.
For the avoidance of doubt, the Site serves only as an informative marketing tool, and engagements of any sort with us shall only be created via a separate agreement. The Content does not bind us in any form, and in any case where the Content contradicts or is inconsistent with any information supplied by us to you directly, such information shall prevail.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICES ARE RESERVED TO DAVENSI OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. DAVENSI WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
THE CONTENT, INCLUDING ANY THIRD-PARTY CONTENT AND ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY, AND YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE. ALL CONTENT ON THE SITE AND/OR SERVICES IS INFORMATION OF A GENERAL NATURE AND DOES NOT ADDRESS THE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY. NOTHING IN THE SITE AND/OR SERVICES CONSTITUTES PROFESSIONAL AND/OR FINANCIAL ADVICE, NOR DOES ANY INFORMATION ON THE SITE AND/OR SERVICES CONSTITUTE A COMPREHENSIVE OR COMPLETE STATEMENT OF THE MATTERS DISCUSSED OR THE LAW RELATING THERETO. YOU ALONE ASSUME THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY INFORMATION OR OTHER CONTENT ON THE SITE AND/OR SERVICES BEFORE MAKING ANY DECISIONS BASED ON SUCH INFORMATION OR OTHER CONTENT. IN EXCHANGE FOR USING THE SITE AND/OR SERVICES, YOU AGREE NOT TO HOLD DAVENSI, ITS AFFILIATES OR ANY THIRD PARTY LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON INFORMATION OR OTHER CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES. IF YOU ARE UNSURE WHETHER THE USE OF CRYPTOCURRENCIES IS SUITABLE FOR YOU AND YOUR CIRCUMSTANCES, YOU SHOULD CONTACT AN INDEPENDENT FINANCIAL ADVISER.
YOUR USE OF THE SITE AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3 - Use Restrictions
There are certain conducts which are strictly prohibited when using the Site and the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Davensi sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Davensi, you may not (and you may not permit anyone to): (a) use the Site and/or Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Services and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site and/or Services any restrictions and signs indicating proprietary rights of Davensi or its licensors, including but not limited to any proprietary notices contained in such materials ; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or Services or the servers or networks that host the Site and/or Services, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Davensi endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or Services; (g) take any action that imposes,
or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or Services described above; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Davensi on or through the Site and/or Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any Content and/and third-Party Content and any material that is subject to Davensi proprietary rights, including Davensi Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Davensi prior written consent; (l) create a browser or border environment around the Content and/or Services (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Services and/or the Content; (n) frame or mirror any part of the Site and/or Services without Davensi prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or Services; (p) transmit or otherwise make available in connection with the Site and/or Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site and/or Services for any purpose for which the Site and Services are not intended; and/or (r) infringe and/or violate any of the Terms.
4 - Privacy Policy
We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or Services. Our policy and practices and the type of information collected via the Site and/or Services are described in detail in our Privacy Policy available at https://www.davensi.com/privacy-policy, which is incorporated herein by reference. You agree that Davensi may use personal information that you provide or make available to Davensi in accordance with the Privacy Policy. If you intend to access or use the Site and/or Services, you must first read and agree to the Privacy Policy.
5 - Intellectual Property Rights
These Terms do not entail any transfer, concession or licence of intellectual property rights or sui generis right of the database producer for the benefit of the User.
The overall Site, as well as each of the elements comprising it taken independently, notably the programs and developments, its structure, and the contents including data, texts, fixed or animated images, logos, sounds, graphics, photographs, files, are the exclusive property of Davensi or of third parties that have provided it or conceded the right to exploit them.
Any representation or reproduction, total or partial, of the Site or of any of its elements without the express authorisation of Davensi is prohibited and would constitute an infringement sanctioned under the French intellectual property code and/or an act of unfair competition or parasitism, and/or more generally a fault, that results in liability on the part of its author. In any case, on any representation or reproduction authorised by Davensi of all or part of the Site or the elements that comprise it, the words "Copyright 2023 DAVENSI - all rights reserved” must appear.
The databases present on the Site are protected by the French Intellectual Property Code and any extraction or reuse of qualitatively or quantitatively substantial content of the databases is prohibited and subject to penalty.
The brands and logos appearing on the Site are trademarks registered by Davensi or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorisation of the owner of the rights or in violation of intellectual property rights results in liability on the part of their author.
The other distinctive signs, notably the corporate names, commercial names, signs, domain names reproduced on the Site are the property of Davensi or of third parties, and any reproduction thereof without express authorisation of the owner of the rights is likely to constitute identity theft, and/or more generally a fault, that results in liability on the part of its author.
6 - Trademarks and Trade names
Davensi marks and logos and all other proprietary identifiers used by Davensi in connection with the Site are all trademarks and/or trade names of Davensi, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Davensi Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
7 - Linking to Davensi Sites and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Davensi and does not portray Davensi in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and enter non-Davensi sites or services (including, inter alia, Twitter, and LinkedIn). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Davensi and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Davensi is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Davensi reserves the right to terminate any link at any time. You further acknowledge and agree that Davensi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
8 - Availability
The Site and/or Services’ availability and functionality depends on various factors, such as communication networks. Davensi does not warrant or guarantee that the Site and/or Services will operate and/or be always available without disruption or interruption, or that it will be immune from unauthorized access or error-free.
9 - Changes to the Site and Services
Davensi reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or Services (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Davensi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or Services or the Content included therein. You hereby agree that Davensi is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
10 - Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND DAVENSI, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "DAVENSI REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. DAVENSI AND DAAVENSI REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR SERVICES, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR SERVICES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
11 - Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL DAVENSI, INCLUDING DAVENSI REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR SERVICES AND/OR THE CONTENT ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE AND/OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR SERVICES AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE AND/OR SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF DAVENSI TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF DAVENSI OR DAVENSI REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER DAVENSI OR DAVENSI REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
12 - Indemnification
You agree to defend, indemnify and hold harmless Davensi, including Davensi Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Services and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
13 - Amendments to the Terms
Davensi may, at its sole discretion, change the Terms from time to time, including any other policies
incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
14 - Termination of these Terms and Termination of the Site's Operations
At any time, Davensi may without notice discontinue your use of the Site and/or Services, at its sole discretion, in addition to any other remedies that may be available to Davensi under any applicable law.
Additionally, Davensi may at any time, at its sole discretion, cease the operation of the Site and/or Services or any part thereof, temporarily or permanently, delete any information or Content from the Site and/or Services or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Davensi does not assume any responsibility with respect to, or in connection with the termination of the Site's and/or Services’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
15 - Mediation and out-or-court settlement of disputes
In accordance with the provisions of Articles L.612-1 and following of the French Consumer Code, any User who is a consumer within the meaning of the said code may, free of charge, refer to the services of a consumer mediator with a view to the amicable resolution of a dispute with Davensi.
The body appointed by Davensi for this purpose is the Mediator of the French Financial Markets Authority (“Médiateur de l’Autorité des Marchés Financiers (AMF)”).
In order to contact this body, the User may:
go to the French Financial Markets Authority’s website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-voulez-deposer-une-demande-de-mediation and fill in the online form, enclosing supporting documents;
or send their complaint by post to the following address: Médiateur de l'Autorité des Marchés Financiers 17, place de la Bourse - 75082 Paris Cedex 02 Tel: 01 53 45 60 00
A dispute may only be examined by the consumer mediator if:
the User justifies having tried, beforehand, to resolve his dispute directly with Davensi by a written complaint expressly identified as such detailing the reasons for his complaint as well as all the information useful to Davensi to understand, study and appreciate the causes, consequences and incidences of this complaint, and sent by e-mail to: contact@davensi.com;
the claim is not manifestly unfounded or abusive;
the dispute has not been previously examined or is not being examined by another mediator or by a court;
the User submits his request to the mediator within a maximum of one year from the date of his written complaint to Davensi;
the dispute falls within the competence of the mediator.
The User will be informed by the mediator of the action taken on his or her request for mediation.
Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
16 - Applicable Law and Jurisdiction
The original version of these Terms is in English. If they are translated into one or more foreign languages, only the English text will be deemed authentic, in particular in case of a dispute.
THE SITE IS GOVERNED BY FRENCH LAW. THE CONTENT DISPLAYED IS THEREFORE IN COMPLIANCE WITH THE FRENCH LEGISLATION IN FORCE. DAVENSI SHALL NOT BE HELD LIABLE FOR ANY FAILURE TO COMPLY WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION OF THE USER.
THESE TERMS AND THE RELATIONSHIP BETWEEN DAVENSI AND THE USER ARE ALSO GOVERNED BY THE LAWS OF FRANCE. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF THE SUBSTANTIVE OR ANCILLARY OBLIGATIONS.
IN CASE OF DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THE TERMS, THE PARTIES WILL MAKE EVERY EFFORT TO FIND AN AMICABLE SOLUTION. IN THE ABSENCE OF AN AMICABLE RESOLUTION, THE COURTS OF FRANCE HAVE SOLE COMPETENCE TO HEAR DISPUTES ARISING FROM THE APPLICATION OF THESE TERMS OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.
THESE PROVISIONS RELATING TO THE APPLICABLE LAW AND THE COMPETENT JURISDICTIONS ARE APPLICABLE SUBJECT TO THE IMPERATIVE PROVISIONS THAT WOULD HAVE TO BE APPLIED TO THE USER IN HIS CAPACITY AS A CONSUMER WITHIN THE MEANING OF THE FRENCH CONSUMER CODE, WHERE APPLICABLE (IN PARTICULAR ARTICLE R.631-3 OF THE FRENCH CONSUMER CODE).
BY EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN DAVENSI AND A MERCHANT WITHIN THE MEANING OF ARTICLE L121-1 OF THE FRENCH COMMERCIAL CODE (I.E. A “COMMERCANT”), THE DISPUTE SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF MONTPLELLIER, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR FOR PRECAUTIONARY PROCEDURES, BY APPEAL OR BY COMPLAINT.
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: contact@davensi.com
