Article 1: Object
These T&Cs or General Conditions of Use provide a legal framework for the use of the services of the Moning site (hereinafter referred to as "the site").
Constituting the contract between the company Epsylia OÜ, publisher of the Moning site, the User, access to the site must be preceded by the acceptance of these T&Cs. Access to this platform signifies acceptance of these T&Cs.
Article 2: Legal notices
Editing of the Moning site is provided by the company Epsylia OÜ registered in the Estonian Trade Register under number 14516351, whose registered office is located at Sepapaja 6, Tallinn 15551, Estonia.
The host of the Moning site is the company Scalingo, at 3 place de Haguenau - 67000 Strasbourg - France.
Article 3: Access to the site
The Moning site provides free access to a number of services.
The site is accessible free of charge from anywhere by any user with Internet access. All costs necessary for access to the services (computer equipment, Internet connection, etc.) are the responsibility of the user.
Access to services dedicated to members is done using authentication by e-mail.
For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without notice or justification.
Article 4: Subscription period
Certain parts of the Service are only available with a Paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.
At the end of each period, Your Subscription will automatically renew under the same conditions unless You cancel it or the Company cancels it.
Article 5: Subscription cancellations
You can cancel your subscription renewal through your account settings page or by contacting the company. You will not receive a refund for any fees you have already paid for your current subscription period and you will be able to access the service until the end of your current subscription period.
Article 6: Invoicing
You must provide Company with accurate and complete billing information, including full name, address, state, zip code, phone number, and valid payment method information.
If automatic invoicing fails for any reason, the Company will issue an electronic invoice indicating that you must manually proceed, within a certain period of time, with full payment corresponding to the invoicing period indicated on the invoice.
Article 7: Changes to fees
The Company, in its sole discretion and at any time, may modify the subscription fees. Any changes to subscription fees will become effective at the end of the current subscription period.
The Company will provide you with reasonable notice of any change in subscription fees to give you the opportunity to terminate your subscription before such change becomes effective.
Your continued use of the Service after the changed subscription fee becomes effective constitutes your agreement to pay the amount of the modified subscription fee.
Article 8: Refunds
Except where required by law, subscription fees paid are non-refundable.
Certain Subscription refund requests may be considered by the Company on a case-by-case basis and granted at the Company's sole discretion.
Article 9: Data collection
For the creation of the User's account, the collection of information at the time of registration on the site is necessary and mandatory. In accordance with law n°78-17 of January 6 relating to data processing, files and freedoms, the collection and processing of personal information is carried out with respect for privacy.
According to the Data Protection Act dated January 6, 1978, articles 39 and 40, the User has the right to access, rectify, delete and oppose his personal data. This right can be exercised by email to [email protected].
Article 10: Intellectual property
The trademarks, logos and content of the Moning site (graphic illustrations, texts, etc.) are protected by the Intellectual Property Code and by copyright.
The reproduction and copying of content by the User requires prior authorization from the site. In this case, any use for commercial purposes or for advertising purposes is prohibited.
Article 11: Liability
Although the information published on the site is deemed reliable, the site reserves the right to not guarantee the reliability of the sources.
The information disseminated on the Moning site is presented for informational purposes only and has no contractual value. Despite regular updates, the site cannot be held liable in the event of changes to the administrative and legal provisions appearing after publication. The same applies to the use and interpretation of the information communicated on the platform.
The site declines all responsibility for any viruses that may infect the User's computer equipment after using or accessing this site.
The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
The total guarantee of security and confidentiality of data is not provided by the site. However, the site undertakes to implement all the methods required to do so at best.
Moning makes every effort to ensure that the information published on the Website is correct and current, but the company accepts no responsibility for the Website or its content. This means in particular that Moning makes no warranty as to the conciseness, completeness, legality, relevance, usefulness or accuracy of the information contained in the Website or to which the Website provides links.
Article 12: No investment advice is provided on Moning
You acknowledge that:
Moning does not provide investment advice, that nothing on the site constitutes investment advice and that you do not consider any part of the site to constitute such advice.
Moning does not recommend any financial product.
Moning does not recommend buying, selling or holding any financial product.
The information contained on Moning may at times not apply to you and you should not make any investment decision without consulting a qualified financial adviser.
(f) Investments in any form involve inherent risk which may result in financial and economic loss. The results of the past do not offer any guarantee or security for the future in this respect.
The information contained on Moning is for educational purposes and provided for informational purposes only. They are not intended and should not be considered an invitation or encouragement to buy or sell shares on a specific stock exchange. Any comments by a member are based on their own personal experience and should not be considered a personalized recommendation. The information provided on the site should not be the sole source leading to an investment decision. Be sure to contact a financial adviser or finance professional before making any investment decisions. Moning is in no way responsible for your losses.
The investor is solely responsible for the use of the information provided, without recourse against Moning, which is not liable in the event of error, omission, inappropriate investment or unfavorable market development carried out. Investing in the stock market is risky. You may suffer losses. Past performances do not prejudge future performances, they are not constant over time and in no way constitute a guarantee of future performance or capital. Moning data is not legal, tax or investment advice. The information provided is of an educational and general nature and is not investment advice.
Article 13: Exemption from warranties
8.1 ALL INFORMATION CONTAINED ON THE SITE IS FOR GENERAL INFORMATIONAL USE ONLY AND SHOULD NOT BE USED BY YOU IN MAKING AN INVESTMENT DECISION. THE SITE DOES NOT PROVIDE INVESTMENT ADVICE AND NOTHING IN THE SITE IS INTENDED TO BE INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT DECISION, YOU SHOULD CONSULT A QUALIFIED FINANCIAL ADVISOR.
8.2 ALTHOUGH MONING MAKES ALL REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION AVAILABLE ON THE SITE IS ACCURATE AND COMPLETE, WE CANNOT GUARANTEE THAT THIS IS THE CASE. THIS RESULTS THAT USE OF THE SITE IS AT YOUR SOLE RISK AND MONING CANNOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF INFORMATION CONTAINED ON THE SITE. YOU SHOULD TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITE.
8.3 Moning cannot exercise control over the security or content of any information via the network or through the Service, and Moning hereby excludes all liability of any kind with respect to the transmission or receipt of information in breach of proprietary rights. or illegal of any kind.
8.4 Moning does not accept liability for any loss or damage you may suffer as a result of accessing content on the Site which may contain a virus or which may have been maliciously corrupted.
Article 14: Exclusion of liability
Moning shall not be liable (whether in breach of contract, negligence or otherwise) for (i) any loss of profits, (ii) exemplary or special damages, (iii) loss of revenue business, (iv) loss of revenue, (v) loss of assets, (vi) loss of any software or data, (vii) loss of market, (viii) loss of opportunity, (ix) loss of use of computer equipment, software or data, (x) loss or waste of management or other team work time, or (xi) for any indirect, consequential or special loss wherever arising occurs.
Article 15: Hypertext links
The site may consist of hypertext links. By clicking on these, the User will leave the platform. The latter has no control and cannot be held responsible for the content of the web pages relating to these links.
Section 16: Cookies
During visits to the site, the automatic installation of a cookie on the User's navigation software may occur.
Cookies correspond to small files temporarily stored on the hard drive of the User's computer. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify a person.
The information in the cookies is used to improve browsing performance on the Moning site.
By browsing the site, the User accepts cookies. Their deactivation can be done via the parameters of the navigation software.
Article 17: Publication by the User
The Moning site allows members to post comments or their own data.
In his publications, the member is required to respect the rules of Netiquette as well as the rules of law in force.
The site has the right to exercise a priori moderation on the publications and may refuse to put them online without having to provide any justification.
The member retains all of his intellectual property rights. However, any publication on the site implies the delegation of the non-exclusive and free right to the publishing company to represent, reproduce, modify, adapt, distribute and distribute the publication anywhere and on any medium for the duration of the intellectual property. This can be done directly or through an authorized third party. This applies in particular to the right to use the publication on the web and on mobile telephone networks.
At each use, the publisher undertakes to mention the name of the member near the publication.
The User is held responsible for any content he puts online. The User undertakes not to publish content likely to harm the interests of third parties. All legal proceedings initiated by an injured third party against the site must be borne by the User.
The deletion or modification by the site of the User's content may be carried out at any time, for any reason and without notice.
Article 18: Duration of the contract
This contract is valid for an indefinite period. The beginning of the use of the services of the site marks the application of the contract with regard to the User.
Article 19: Applicable law and competent jurisdiction
This contract is subject to Estonian law. The absence of amicable resolution of cases of dispute between the parties implies recourse to the competent Estonian courts to settle the dispute.