Conditions d'utilisation
1. Général
1.1. You are invited to visit the Vivace Essorbance website (the "Website").
Our email address: info@vivaceessorbance.com
1.2. This Website provides information about third-party platforms (the "Third-Party Platforms") that enable trading (the "Services").
1.3. These Terms govern your ("You", "Your", or "User") access to the Website and the Services. Before accessing the Services, read these Terms carefully. These Terms constitute a legally binding agreement between You and the Website owner. If you do not wish to use the Website, you must accept the Terms in their entirety. The Terms may be updated from time to time.
These Terms incorporate our Privacy Policy. By accepting these Terms, you also accept our Privacy Policy. (You can view our Privacy Policy here).
2. Admissibilité
2.1. Access to the Website is subject to compliance with these Terms and Conditions.
2.1.1. Minimum age: 18 years old
2.1.2. You must have the legal capacity to enter into these Terms and Conditions.
2.1.3. The laws applicable in your country of residence or use must not prohibit access to the Website or any of its services.
2.2. We make no warranty, representation, or assurance regarding the legality of the Website or Services for any particular user. We accept no liability for any unlawful use of the Website or Services by any user.
Restricted Territories
3.1. Without limiting the scope of information available, We reserve the right to restrict access to the Services and/or the Website (or any part thereof) for: (i) Users residing in restricted areas (the "Restricted Territories") and (ii) Users we determine may present a regulatory, legal, or reputational risk.
3.2. We may also impose additional conditions before accepting Users who are nationals of certain countries. If Users travel to or access the Services from Restricted Territories, the Website or Services may be temporarily unavailable or blocked.
4. Activités interdites
4.1. You agree to use the Site and Services responsibly. You must not:
4.1.1. Upload, share, publish, transmit, or send via the Site: (a) content that infringes intellectual property rights, privacy rights, property rights, or any other rights; (b) content whose publication or distribution is prohibited due to threats, harm, insult, defamation, slander, or hate speech; (c) content containing viruses or other harmful software capable of damaging our systems or those of third parties, or of blocking or restricting other users' access to the Site; (d) content that violates any applicable law or regulation; or (e) advertising or promotional material not covered by our prior written consent.
4.1.2. Remove or alter any attribution notices, legal notices, labels, or designations appearing on this Site.
4.1.3. Access the Services through any interface other than the Site.
4.1.4. Disrupt or interfere with other users' access to or use of the Site or Services.
4.1.5. Use bots or any other automated means to access the Site or its Services.
4.1.6. Upload or transmit — or attempt to upload or transmit — any content that actively or passively enables data collection or tracking mechanisms, including tracking pixels, cookies, or spyware, without our express prior authorisation.
4.1.7. Use framing, mirroring, or any other technique to replicate or imitate the appearance or functionality of the Services.
4.1.8. Violate any applicable law or regulation, or encourage or facilitate any unlawful activity, including trade mark infringement, copyright infringement, defamation, invasion of privacy, identity theft, or distribution of fraudulent software.
4.1.9. Modify, alter, or tamper with the source code of this Site, or upload applications or software that could cause damage to the Site or to any third party.
4.1.10. Disassemble, decompile, or reverse-engineer any technology or software on the Site or used to provide the Services.
4.2. These conditions apply in addition to any other rights we may have. If we determine that your use of the Site does not comply with these Terms or any applicable law, we reserve the right to monitor your use of the Site or Services, restrict or block access, report your conduct to relevant third parties, or take any other appropriate action to protect the rights and property of third parties.
5. Droits de propriété intellectuelle
5.1. All content on the Website — including video, text, images, logos, sounds, designs, trademarks, and other materials — is protected by our intellectual property rights and those of third parties.
5.2. All rights, title, and interest in the Services and the Website remain exclusively ours. Access to the Services and the Website under these Terms does not confer any intellectual property rights on the User.
5.3. The Website and Services may only be accessed by the User for personal, non-commercial purposes.
5.4. You may not permit any person to modify, reverse engineer, decompile, copy, sublicense, or rent the Services or the Website, or create derivative works from them.
6. Limitation de responsabilité
6.1. The Website and Services are provided at your own risk. We make no warranties, express or implied, regarding the Website or Services or your use of them, including implied warranties of quality, merchantability, fitness for a particular purpose, non-infringement, usability, accuracy, completeness, timeliness, or prompt delivery. All content and functions accessible via the Website are provided "as is", "as available", and "at your own risk".
6.2. We are not responsible for any errors, omissions, or inaccuracies in the information published on the Website. We accept no liability for disruptions or interruptions to transmissions to or through the Services.
6.3. We shall not be liable for any loss suffered directly or indirectly by you or any third party through the Website or Services. You are solely responsible for any decision made in reliance on information contained on the Website and/or within the Services.
6.4. We are not liable for any loss or damage, direct, indirect, or consequential, sustained by you or any third party, including any loss of revenue or data arising from your use of the Website and/or Services. This limitation of liability applies to the fullest extent permitted by applicable law in the relevant jurisdiction.
6.5. We accept no liability for technical failures relating to internet or telephone lines, IT service providers, server systems, or hardware. We are not responsible for any issues arising from the use of the internet.
7. Contenu et services de tiers
7.1. When using the Services, you may encounter content from third parties and external services, including advertisements or reviews on Third-Party Platforms.
7.2. We accept no responsibility for any information or products referenced through such content. This information may not be current or up to date at any given time.
7.3. We strongly recommend verifying the accuracy of any information before making a decision. You are solely responsible for all decisions and actions taken on the basis of such information.
8. Liens
8.1. This site contains advertisements and content provided through third-party websites ("Links"). Before downloading, relying on, or accessing any information obtained from these sites, software, or other materials — or completing any purchase or transaction — we encourage you to proceed with awareness. These links are provided solely for your convenience. We accept no responsibility for any damage or loss arising from reliance on information, products, or services made available through third-party websites or programmes.
8.2. The inclusion of hyperlinks on this site does not constitute endorsement, authorisation, affiliation, or approval of any kind in relation to those websites, their software, or their operators.
8.3. We have not reviewed all linked websites and cannot be held responsible for their content or software. We advise caution before using, relying on, or purchasing anything through these sites or applications. We are not liable for any damage or loss resulting from reliance on products, information, or content accessible via third-party websites.
8.4. You are responsible for reviewing the terms and conditions and policies of any third-party website. We strongly recommend doing so before engaging with any third-party site.
9. Divers
9.1. We reserve the right to modify, suspend, or adapt our Services at any time. Such changes will not give rise to any claim against us.
9.2. These Terms may be updated at any time. We will notify you by publishing the latest version and updating the date in the header. Changes take effect within a few business days. Continued use of the site after changes are published constitutes your acceptance of the updated Terms.
9.3. The User acknowledges and agrees that any information transmitted via the site does not create any relationship beyond what is expressly set out in these Terms.
9.4. These Terms and the Privacy Policy, as amended from time to time, constitute the entire agreement between us and the User. Any other promise, representation, or agreement — whether oral or written — that is not incorporated into the Privacy Policy remains legally binding on the parties.
9.5. Failure to exercise any right or power under these Terms does not constitute a waiver of that right or power. Any partial or full exercise of a right forms part of any further or subsequent exercise of the same or any other right or remedy.
9.6. If any provision of these Terms is found invalid by a competent court, the remaining provisions will continue to apply as if the invalid provision had been removed. The Terms will otherwise be interpreted in accordance with the intent and scope of the excluded clauses as determined by the courts.
9.7. These Terms permit third-party partners to assign or transfer all rights and obligations, including the operation of the site and all associated services. These Terms do not permit you to assign or transfer your rights or obligations.