TERMS AND CONDITIONS OF USE AND SALE OF THE SITE

 

Last update: 12.12.2016

These Terms and Conditions of use and Sale (hereinafter “T&Cs“ or “Conditions of Use and Sale”) describes the terms and conditions under which the company ProRealCode (hereinafter “ProRealCode”) shall make its web Site www.prorealcode.com (hereinafter the “Site”) and any information on it available (hereinafter the “Services” or “Service”) to users of the Site (hereinafter the “User” or “Users”). The Services consist of some services which may be provided free of charge (such as free blogs, articles, documentation) and some which may be paid (paid programming assistance).

 

1/ Information about the Publisher of the Web Site

ProRealCode is a simplified joint-stock company with a capital of 10,000 euros registered with the Commercial Register of Nanterre under number 814 098 174, and with offices at 18 route de Solesmes 59129 AVESNES LES AUBERT – FRANCE. EU VAT number FR16814098174.

The Director of Publication is M. STASZAK. He can be contacted by email at the following address: privacy@prorealcode.com or by post at the head office of ProRealCode above.

Site host: Online SAS – BP 438 – 75366 Paris CEDEX 08 – RCS Paris B 433 115 904- FRANCE / Tel: +33 0899 173 788 (1.35 € per call then € 0.34 / min)

The ProRealCode website has been declared to the French Data Protection authority (Commission Nationale de l’Informatique et des Libertés) under number #1932331.

All personal data gathered by the website is processed in as strictly private a manner as possible. You are reminded that you have the right to access, alter, correct, and remove data that concerns you (art. 34 of the Law on Computer Technology and Freedom dated January 6th, 1978). You can exercise this right by contacting privacy@prorealcode.com.

ProRealCode will be able to disclose a User’s personal data, if this is required by the law and the regulations in force or a judiciary or administrative institution, or if access, storage or communication of this data was reasonably necessary to (a) comply with the rules of administrative or judicial procedure, (b) to answer/meet a justified complaint or claim concerning the clear violation of the rights of a third party and (c) to protect the rights, the property or the personal security of a User, of ProRealCode or one of its agents, officials, service providers, employees or other, (d) to answer to third parties’ claims.

Cookies: Cookies are files stored on the User’s hard drive of his computer while browsing the Internet. A cookie stores information and tells us which part of the Site a User has visited, his use of the Services and how he accessed the Site (for example, direct access by inserting the address of the Site in his browser or by clicking on a link or a banner on another site), which can be read directly by the servers used by ProRealCode during visits and subsequent requests on the Site.

ProRealCode uses cookies:

The User can define settings of the cookies management through his Internet browser’s options (for Internet Explorer, go to “Tools”, then “Internet Tools”, and then to the “Confidentiality” section; for Firefox, go to “Tools”, then “Options”, then to the “Privacy” section and finally to the “Cookies” section). By changing these settings, the User can choose to accept all cookies, to be notified when activating a cookie or to disable all cookies. If the User chooses to modify these settings, his access to certain pages of the Site may be restricted or made impossible in some cases. The User can besides regularly remove the cookies stored on his hard drive or set up a “blacklist” of the sites for which the User does not want to have cookies stored on his hard drive.

The complete “Privacy policy” of the Site is available on this page: http://www.prorealcode.com/privacy-policy/

2/ Acceptance of these Terms and Conditions

By using this Site, you signify your acceptance of this policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE OUR SITE. Your continued use of the Site following the posting of changes to this policy will be deemed as acceptance of those changes.

The date of the last update/modification appears at the beginning of these T&Cs.

The User acknowledges having been informed that they have the option to save these T&Cs on their hard drive and / or print them on paper.

3/ Accessibility of the Site

ProRealCode will do its very best to provide Users access to the Site at all times and to make every effort to correct any unavailability as quickly as possible.

The Site is normally available twenty-four/seven, except in cases of force majeure or events beyond the control of ProRealCode and subject to any breakdowns and maintenance necessary for the proper functioning of the Site. ProRealCode may at its sole discretion suspend, interrupt or stop access to all or part of the Site for maintenance purposes.

The access of any User to the Site may also be impeded by factors beyond the control of ProRealCode, including but not limited to, non-functioning, inefficiency or inadequacy of the equipment used by the User to access to the Site and / or unavailability, non-functioning or interruption of access to the Internet or other telecommunication services used to access to the Site.

ProRealCode shall not be liable in case of inability to access the Site or any losses or direct or indirect damage to the User.

Internet connection costs are at the User own expense.

Access to this Service is subject to the compliance with these T&Cs. Any User accessing the Service must have read these T&Cs beforehand and undertakes to comply with them without reservation.

4/ Use of the Services

The content of the pages of this Site is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this web Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

In particular, any financial data or programming code examples are only made available for your information. In no way shall ProRealCode be held liable for any errors and/or for all their direct and indirect consequences.

Accordingly, the User agrees to use such information under their sole responsibility and agrees to be bound by the terms of these T&Cs. ProRealCode, its affiliates and representatives shall not be held liable for any direct or indirect damages resulting from the use of this Service.

ProRealCode does not provide any investment advisory services. All information on this Site is “General” information only and is not in any case personal or financial investment advice nor a solicitation to buy or sell any financial instrument.

Computer equipment and Internet Access: You are solely responsible for the necessary facilities and you agree that you are entirely and solely in charge of all costs linked to the use of the Services, including but not limited to the costs of the connection to the telecommunications networks, including the Internet, linked to the use of the Services and the costs for the necessary facilities linked to the use of the Services.

It is your responsibility to take all necessary measures to ensure that the technical specifications of your equipment and of your Internet network enable you to use the Services. ProRealCode cannot be held responsible for any problem you might encounter as a result, in launching or using the Services or your inability to use the Services.

You will NOT use the Services or the Site for advertising or commercial purposes. This prohibition is aimed particularly at (a) gathering of personal data concerning the Users or the visitors of the Site in particular, but not limited to, with a goal of sending unsolicited messages, (b) sending unsolicited promotional messages, contests, or lotteries (c) solicitation of payment or online donations through the Services and (d) sales canvassing, soliciting or prostitution.

5/ Personal Account, login and password

After completing an application form, all Users can access an account on the web Site using a login and a confidential password.

The User agrees to provide accurate information about their identity, address, and regularly update their personal information.

The login name and associated password are personal and the User agrees not to disclose them to a third party, nor let anyone else use them. Any use of personal account using the login and the associated password is deemed to be made by the User; ProRealCode shall not be liable for direct or indirect damage which fraudulent use by a third party might cause.

In case of loss, theft or fraudulent use of any login and / or password, the User should immediately inform ProRealCode in writing without exempting the User’s responsibility.

A password can be changed at any time, especially in the event of fraudulent use by a third party.

ProRealCode is not bound to exercise any oversight of possible fraudulent use of a login and / or password.

You undertake not to use or attempt to use another User’s account or Login, nor pretend to be someone else (including another User, employee or a representative of ProRealCode) in any manner whatsoever, nor imply that your statement or comments are supported or endorsed by ProRealCode.

6/ Capacity

The use of the Site and Services is only for persons having the legal capacity to accept these T&Cs, i.e., persons of legal age of consent and who are not under legal guardianship. By logging in to the Site, by using the Services or subscribing to a Service on the Site, you acknowledge that you are of legal age of consent in accordance with the applicable Laws of your country of residence or have obtained authorization from your legal representatives. ProRealCode reserves the right to terminate your registration and any subscription to a Service, if you do not have the legal capacity to accept the Conditions of Use.

7/ Risk warnings

Trading may expose you to risk of loss greater than your deposits and is only suitable for experienced investors who have sufficient financial means to bear such risk.

ProRealCode does not provide any investment advisory services. All information on this Site is “General” information only.

No information on this Site or communicated by ProRealCode in any way is investment advice or a solicitation to buy or sell any financial instrument.

Health Warning

  1. Warning on epilepsy and visual fatigue. Certain people are liable to have attacks of epilepsy or loss of consciousness linked to certain strong light stimulations, such as rapid succession of images, repetition of geometric figures, of light flashes, of on and off flashing or of displays. These people should consult their doctor before any use of the Services. If, while using the Services, you suffer from any visual fatigue, feeling of faintness, loss of consciousness or other symptom of epilepsy (contractions of the eye or of muscles, altered vision, tired sense of sight, involuntary movements and disorientation, …) you should immediately stop using the Services and consult a doctor.
  2. Trading is speculative and may result in substantial or complete loss of funds, or even losses in excess of your initial deposit or initial cash. You understand that the evolution of your invested amount can cause emotional distress. Thus, if you have or might have health problems, such as cardiac disease, you should immediately stop using the Services.

8/ User’s liability – Electronic Communications

The Services are interactive.

The Services allow you to send to ProRealCode or to Users through ProRealCode communications and electronic exchanges, in particular e-mails, documents, computer programs, posts in our forums, comments or any other data that you save by login access (hereinafter “Electronic Communications“) in obligatory compliance with the following rules:

ProRealCode will be able to, without being obliged to, examine and/or block your Electronic Communications or the Login in order to maintain the security of the Site or of the Services or in case of violation on your part of the T&Cs and/or of the regulations in force, and this, in accordance with the laws in force, without prejudice to the stipulations relating to termination. To this end, you guarantee ProRealCode that you possess all of the authorizations necessary for the publication of computer programs on the Site.

ProRealCode will make reasonable efforts to protect the Site and Services against and illegitimate use. However, in view of the inherent nature of the Internet, you recognize that ProRealCode cannot guarantee the protection of the Site, Services and Electronic Communications against third parties or against any doings which are beyond the scope of appropriate control measures carried out according to the rules of good practice.

User shall defend, indemnify and hold ProRealCode harmless from and against any and all complaints, claims, liabilities, costs and expenses arising from an action initiated by a third party resulting from any Electronic Communication, and against all the consequences thereof. You are solely responsible for any direct or indirect, special or material damage caused by yourself to ProRealCode or any third parties due to use of the Site or of the Services, and you guarantee ProRealCode and you will compensate the latter for any consequences of a claim or action by a third party in this respect.

All Electronic Communications may be used by ProRealCode as proof of communications, orders, payments and transactions between ProRealCode and the User.

9/ Removal of improper or illegal content

ProRealCode undertakes to remove any clearly illegal content which may be notified to us by the procedure below. Users can notify ProRealCode of the presence of any clearly illegal content on the Site by contacting us at the contact address above and by indicating the following:

Besides, Users are informed that we reserve the right to freely remove any content that may be considered illegal or inappropriate on the Site or in non-accordance with the rules mentioned in our “Moderation rules” section of the site without having to justify it.

ProRealCode informs you that it will promptly inform the appropriate public authorities of any unlawful activity of which it might be informed by a User on the Site or if you should practice such activities while using the Services.

10/ Programming Help

10.1    Free Programming Support – Result is shared with other Users

A free programming support (hereinafter the “Free Programming Support “) may be made available to you by ProRealCode so you can seek assistance from ProRealCode in the creation and programming of your codes. The User agrees that ProRealCode reserves the right not to respond without any justification to be provided, to a request for Free Programming Support. The User agrees that no performance or reasonable efforts obligation shall lie with ProRealCode in connection with the Free Programming Support.

By requesting the Free Programming Support, you agree that:

ProRealCode will be the owner of the code provided, or, in case of derivative work, ProRealCode will be granted by the User a non-exclusive license to publish on the Site the code provided, for the benefit of any other User.

10.2     Paying Programming Support

If a User wants to get paid programming support (the “Paid Programming Service”), they must send an email to ProRealCode or fill in the following information form on the Site to request an offer: http://www.prorealcode.com/trading-programming-services/ the “Request Form”).

Request for an offer by the User:

The information provided by the User must be clearly and completely described in the Request Form and include any relevant attachments such as screenshots, source code of related technical indicators or strategies, explicative diagrams, etc. This type of information can be attached to the Request Form available on the website. The information provided by the User in the Request Form shall be provided in French or in English.

If you provide the information in any other language or with abbreviations or truncated words, you acknowledge you take the responsibility for any misunderstanding between the information you provided and the corresponding translation into French or English.

The following information should be specified in the Request Form at a minimum:

The conditions in the Request Form must be completely clear, without any possible doubt concerning the work to be done in the programming job.  Any lack of clarity in the Request Form is the sole responsibility of the User.

It is the User’s responsibility to check that this request for programming does not infringe any third parties’ intellectual property rights. The User shall hold harmless and indemnify ProRealCode against any claims or actions holding ProRealCode liable in relation to infringement of third parties’ intellectual property rights in relation to the Paying Programming Support Service and against all the consequences, notably financial, of such a claim or an action.

ProRealCode’s reply to the request for offer:

ProRealCode will make reasonable efforts to respond to Request Forms within 8 days.

If an offer is made by ProRealCode, it will be valid 7 days, unless otherwise specified on the price offer.

Acceptance of the offer:

If the offer is accepted by the User, the payment will be made in full before the programming work is completed.  In case of acceptance of an offer by a User, the User is considered to have accepted the present T&Cs.

Accepted offers will be confirmed by ProRealCode by e-mail. The sale will be final once this confirmation e-mail is sent and the full amount of payment shall be due.

Conditions of cancellation of offers:

ProRealCode may cancel or refuse any offer in case the User does not pay for any offer, or has made a late payment.

Any order for which payment has not been received in 8 calendar days is automatically cancelled.

Prices:

The prices indicated on the Site or sent in a price offer are indicated in euros (€). Prices are firm and definitive when the offer is accepted by the User.

If prices are lowered after an order is made, ProRealCode will not in any case compensate the User for the difference.

Prices specified include VAT tax.

Payment:

Payments made to ProRealCode may not be considered as a deposit or down payment.

Payments must be made when the order is accepted and before the programming work is completed. Payments must be made either by bank wire transfer or via PayPal.

If payment is made via PayPal, an additional 6% payment fees apply.

Code delivery:

The code may be delivered to the email address indicated by the User.

Delivery times are indicated in working days on an indicative basis, after the order is validated. Any late delivery shall not in any case be subject to any late delivery fees or penalties and ProRealCode shall not be liable for late deliveries in any way.

The User must verify the completeness and conformity of the received code to the User’s specifications.

Any reservations on the delivered code must be made within one calendar week after the delivery. Any later requests for modifications shall not be taken into account, except at the discretion of ProRealCode.

With regards to the code delivered, ProRealCode will include the following services:

In addition, ProRealCode may provide the following additional services at its discretion:

The following elements are not included in the service provided by ProRealCode and are not guaranteed by ProRealCode in any way:

Any modification to the initial conditions requested by the user in the Request Form or differences coming from the points listed above and which require modifications or changes to the code will be the responsibility of the User. In this case, ProRealCode will inform the user of the additional costs needed to modify the code in advance. Costs for these additional modifications shall be paid by the User.

Reimbursement:

No reimbursement may be made after the delivery is made or after ProRealCode has accepted an order. For your information, in France, Article L121-20-2 of the Code de la Consommation (Consumption Code), excludes from the legal period of revocation “audio or video recordings, or software when they have been unsealed by the consumer”. In France, the legal period of revocation of 14 days does not apply if the software has been downloaded.

Complaints:

In case of a complaint, we invite you to contact us from the contact page or by writing to the email address prog@prorealcode.com.

Any complaints concerning a fault or error with regards to an accepted offer must be made by registered letter with proof of receipt within one week of receiving the code. Complaints cannot result in any kind of fine or financial penalty. Any later complaint shall not be taken into account, except at the discretion of ProRealCode.

11/ Intellectual Property

The Site and its component parts and content, including their names are the exclusive property of ProRealCode and/or financial data providers (such as stock exchanges). Access to and use of the Services does not give any right to Users or to visitors over the Site or its content. It is prohibited to reproduce, post, distribute, show, communicate, alter, translate, adapt, or publish contents of this Site or any of its elements or content, on any other web Site and/or support, without prior written authorization from ProRealCode, subject to prosecution pursuant to Sections L.335-2 et seq. of the Intellectual Property Code.

ProRealCode is a registered trademark registered in France and in other countries. The names of the products, services or entities mentioned on the Site may be trade names or registered trademarks belonging to third parties and protected for this reason by intellectual property law. Any unauthorized reproduction may be punishable as counterfeiting. Showing, reproducing, distributing, extracting or reusing, in part or in entirety, of the databases accessible through the Site or the Services is specifically prohibited in virtue of the provisions of law number 98-536 of the 1st July 1998 relating to the legal protection of databases.

Any reproduction in whole or in part of the trademarks and logos made from components taken from the Site without the express authorization of ProRealCode is prohibited by Section L.713-2 of the Intellectual Property Code.

Showing, reproducing, distributing, extracting or reusing, in part or in whole, of the databases accessible through the Site or the Services is specifically prohibited pursuant to Section L.341-1 et seq. of the Intellectual Property Code.

Any code written by ProRealCode for a User remains the intellectual property of ProRealCode. ProRealCode grants the User a non-exclusive permanent license and for the whole world to use the delivered code for the User’s own personal or business purposes. Intellectual property of ProRealCode may not be resold by the User without the prior consent of ProRealCode.

Electronic Communications license: You specifically authorize ProRealCode to disclose and publish on the Site the Electronic Communications sent to ProRealCode and not considered as a private communication and in particular, any program codes published on the Site (hereinafter the “Content”). You grant to ProRealCode a free, non-exclusive, transferable (free of charge or for payment), permanent license and for the whole world, covering the rights to reproduce and represent the Content in order to enable ProRealCode to provide the Services in compliance with the Conditions of Use and Sale.

ProRealCode reserves the right to correct, modify or delete all or part of the Content.

12/ Newsletter

Users can subscribe to ProRealCode’s newsletter by entering their email address in the appropriate place on the Site. At any time, Users will be able to unsubscribe to the newsletter by sending an email to ProRealCode at the following address: privacy@prorealcode.com, or by clicking an « unsubscribe » link directly in the email.

13/ External links and sources

Users agree not to post any external links that redirect the User to sites disseminating information of an unlawful, polemical, violent, pornographic or xenophobic nature or which could, to a greater extent, be offensive to a large number of people. In any case, ProRealCode reserves the right to delete any link or Content at its own discretion.

ProRealCode cannot check the content of external sites and sources accessible through the Site or the Services, via links present on the Site. ProRealCode shall not be held liable for the content, advertising, products, services or any other material available on or from these linked pages. If the content of an external link and/or sources is considered as illegal, Users can inform ProRealCode, who will be able to remove it promptly in accordance with Section 9 of the T&Cs.

14/ Feedback and information

Any feedback you provide to this Site shall be deemed to be non-confidential. ProRealCode shall be free to use such information on an unrestricted basis.

15/ Liability

Responsibility of the User

Concerning data which relates to securities and other financial information, you are reminded that past performance is not a guarantee of future performance, and that the value of an investment in securities can vary by rising and equally by declining according to developments in the market, in exchange rates, or in the direct or indirect returns which are attached to the latter.

Neither the Site, nor the information disseminated on the site can be considered as an offer or request of purchase, of subscription or of sale of said securities in France or in any other jurisdiction. The purpose of the said information is not to carry out directly or indirectly in any country whatsoever any act of sales canvassing or to make any offer of securities to the User.

In any case, ProRealCode cannot in any case be held liable:

(i) for any indirect prejudice, notably concerning loss of profit, failure to earn, loss of clientele, of data which could amongst others result from use of the Site, or on the contrary the impossibility of their use ;

(ii) for a malfunction, unavailability of access, inappropriate use, inappropriate configuration of the computer of the User, and also the use by the User of a browser rarely used;

(iii) for the consequences of acts of hacking, external or technical events independent of their will which if they happened on site of ProRealCode could have a direct impact on the information disseminated ;

(iv) for the content of advertisements and other links or external sources accessible by the User from the Site.

Limitations of the responsibility of ProRealCode. In accordance with the provisions of article 1151 of the Civil Code (Code civil), ProRealCode will not be responsible for any indirect damages (foreseeable or unforeseeable), such as, if necessary, loss or alteration of or fraudulent access to data, accidental transmission of viruses or of any other harmful element, loss of profits or opportunities, the cost of replacement goods and services or the attitude and behavior of a third party. By express agreement, the contractual responsibility of ProRealCode relating to the provision of the Services, including any damages, is expressly limited to the total amount of sums paid by the User, to ProRealCode, during the last twelve months prior to the occurrence of the prejudice.

ProRealCode does not provide any investment advice, nothing in the Paid Programming Service is investment advice, nor a solicitation to buy or sell any financial instrument

By providing a code, ProRealCode is not advising the User to use such a code in their own trading and does not make any analysis of the suitability of such a code for use in a real trading situation or to the User’s own financial situation.

16/ Final Provisions

16.1. Force majeure

Any events of whatever nature beyond the control of ProRealCode, which are insurmountable and unforeseeable and have for result the delaying or preventing of access to the Site or Services constitute, by express agreement, grounds for the suspension and/or extinguishment of the obligations of ProRealCode under the terms of the Conditions of Use and Sale, without compensation. If the case of force majeure continues for longer than a period of thirty (30) days, these Conditions of Use and Sale could be terminated by right by either party, without compensation.

16.2. Entire agreement

The Conditions of Use and Sale constitute the entire agreement made between the User and ProRealCode in relation to the Services and cancel any express or tacit agreement or any correspondence which might have been made or exchanged between the parties prior to the date of acceptance of the Conditions of Use and Sale.

16.3. Modifications

The Conditions of Use and Sale may be consulted at any time on the Site. ProRealCode reserves the option of modifying at any time and without notice, all or part of the Conditions of Use and Sale. In any case, the Conditions of Use and Sale will be regularly adapted in order to satisfy legal and statutory requirements.

16.4. Evidence

You acknowledge that electronic records kept by ProRealCode in its electronic systems in reasonable conditions of safety and reliability constitute valid evidence for the existence of relationships and communications between ProRealCode or a User and You. It is accordingly agreed that, in the absence of manifest error, ProRealCode may rely, in particular for evidence of any act or omission, on any electronic element, prepared, received or retained directly or indirectly by ProRealCode including in its electronic systems.

These elements are thus evidence and, if produced as evidence by ProRealCode in any litigation or otherwise, they will be admissible, valid and enforceable between the Parties in the same way, under the same conditions and with the same force as any document prepared, received or retained in writing.

16.5. Autonomy

If one or several of the provisions of the Conditions of Use and Sale are declared null or void in accordance with a law or a legal or administrative decision, the other provisions retain binding power, except if these provisions are clearly inseparable from the provisions which have been invalidated or judged inapplicable.

16.6. Non abandonment

Any failure on the part of one or the other of the parties to require the carrying out of one or other of the stipulations, terms or obligations of the Conditions of Use and Sale will not at any time entail an abandonment on his part of the option of requiring their carrying out in the future.

16.7. Applicable law and jurisdiction

ANY DISAGREEMENT OR LITIGATION WHICH CAN NOT BE SETTLED ON AN AMICABLE BASIS FALLS WITHIN THE EXCLUSIVE COMPETENCE OF THE PARIS COURTS IN FRANCE, NOTWITHSTANDING MULTIPLICITY OF DEFENDANTS, INTRODUCTION OF THIRD PARTIES, SUMMARY PROCEEDINGS, BY SUMMARY ACTION OR PETITION.

17/ Contact

Questions about this document or about our handling of your information may be sent by email to privacy@prorealcode.com, or by post to ProRealCode 18 route de Solesmes 59129 AVESNES LES AUBERT – FRANCE.

 


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