KHIPLACE (here in after the “Service Provider”) is a French simplified single-shareholder company (SASU), registered with the Nanterre Trade and Companies Register under number 911 315 208, whose registered office is located at 8 avenue des Vanettes, 92400 Courbevoie, France.

Through its website, www.khiplace.com, and its dedicated application, KHIPLACE has developed a platform intended for investment professionals, particularly those operating in the financial markets.

Its purpose is to create a hub connecting all professional participants in the financial markets sector, including investors, institutional investors, portfolio managers, banks, financial analysts, fund managers and family offices.

KHIPLACE is a publishing and professional event organisation company.

Its purpose is strictly not to provide financial, investment or legal advice. Should the Customer wish to obtain advice or consultation in any of these areas, the Customer acknowledges that it is responsible for contacting a professional duly authorised to provide such advice or consultation.

These General Terms of Use (the “Terms of Use”) govern the terms and conditions under which the Services available through www.khiplace.com are used by the User and provided by the Service Provider.

Before using the KHIPLACE website and application, the User acknowledges having had the opportunity to test their features and assess whether they meet the User’s requirements.

1. SERVICES

In order to place an Order for Services, the Customer must first create an Account in accordance with the conditions set out in these General Terms.

KHIPLACE offers several levels of Services and Subscriptions and organises Events, which may be purchased either together or separately.

2. USERS OF THE SERVICES

The KHIPLACE Services may be used by any adult individual or legal entity acting in the course of its professional activity.

The User therefore acknowledges that it is not acting as a consumer within the meaning of the French Consumer Code.

A User acting on behalf of an end customer shall remain solely liable towards that end customer for any inaccurate information provided and for ensuring that the Service is appropriate for the end customer’s objectives.

3. ACCOUNT CREATION

3.1 Opening an Account

In order to use the Services on its own behalf, the Customer must create a User Account.

For this purpose, the Customer must provide information relating to its identity, including its company name, the identity of its manager and its email address, in order to ensure that it can be properly identified when logging in.

Depending on the level of Service or Subscription selected, the Customer may be entitled to create a specified number of User Accounts for the purposes of its internal organisation. In such circumstances, the Customer shall have one primary User Account and one or more secondary User Accounts, all of which shall be used under the Customer’s responsibility.

The creation of a User Account constitutes unconditional acceptance of these Terms of Use.

3.2 Use of the Account

The Customer shall remain solely responsible for the use of its Account or Accounts and undertakes to protect the confidentiality and integrity of the information used to access such Accounts.

Accordingly, the Customer undertakes never to disclose the username or password associated with its Account or Accounts to any third party and shall remain responsible for the use of such information by its employees, agents or representatives. For this purpose, the Customer is responsible for customising the password or passwords used.

After using the Services, the Customer undertakes to log out of the Account and close its browser.

The Customer shall be solely and fully responsible for the use and confidentiality of usernames and passwords by its User or Users and must ensure that only authorised persons have access to the Services.

The Customer shall also be solely and fully responsible where it gives a third party access to Documents stored in its Account and for any use made of such Documents by that third party.

The Customer must notify the Service Provider without delay if it becomes aware of a security breach, particularly one arising from the voluntary disclosure or unauthorised acquisition of usernames or passwords, so that the Service Provider may promptly take any appropriate action required to remedy the breach.

Where a username or password is lost, stolen or misappropriated, a procedure shall be implemented for issuing new login credentials and a new password.

Should the Customer fail to take all necessary measures to prevent a third party from using the Account, the Customer shall bear the consequences and any loss or damage caused to it or its End Customers.

3.3 Closure or Suspension of Accounts

The Customer may request the closure of its Account at any time by contacting the Service Provider at contact@khiplace.com.

The Account shall be closed within a reasonable period and without charge, except for any costs incurred before closure that remain unpaid at the date of closure.

Where the Customer has access to this feature, it shall remain solely responsible for creating or deleting User Accounts.

KHIPLACE may close or suspend an Account at any time in the event of a breach of this Agreement, subject to prior formal notice being sent by email to the address registered in the Customer’s Account.

Closing the Account shall result in the irreversible deletion of information provided to KHIPLACE, together with any Documents or other content stored in the Account.

For this reason, KHIPLACE shall inform the Customer of the reasonable period within which the Account will be closed, so that the Customer has the opportunity to retrieve any information or Documents it wishes to retain.

Should the Customer fail to retrieve its information or Documents within the allotted reasonable period, it shall not be entitled to any compensation for any loss or damage suffered by it or its End Customers.

Where the Service Provider identifies a security breach that is likely to seriously compromise the security of the Services and/or data, it may temporarily interrupt the Services without prior notice in order to remedy the security breach as quickly as possible.

4. ORDERING AND PERFORMANCE OF THE SERVICES

Order Confirmation

Orders for Services are placed by the User through its Account. The Customer selects the level of Service corresponding to its requirements.

The Service ordered shall be confirmed in accordance with Article 7 of these Terms of Use.

Performance of the Services

KHIPLACE is subject to an obligation to use reasonable endeavours in performing the Order and shall use all reasonable efforts to complete it.

Confirmation of the Order constitutes the Customer’s express agreement to the immediate performance of the Service by KHIPLACE.

5. USER LIABILITY

The Customer and User undertake to provide truthful and accurate information.

The User is prohibited from using the KHIPLACE Services in any manner contrary to applicable law or regulations, including for the purpose of committing unlawful acts, transmitting information whose disclosure is prohibited by law or by regulations applicable to the Customer’s profession, or using or transmitting content that infringes intellectual property rights.

The Customer may incur civil and/or criminal liability where it produces unlawful documents or provides inaccurate information or content for the purpose of enabling KHIPLACE to provide the Services.

Should KHIPLACE incur or potentially incur liability as a result of an intentional or unintentional act or omission by the Customer or User, the Customer or User shall indemnify and hold KHIPLACE harmless against any complaint, claim or legal action brought against it.

The Customer or User undertakes to compensate KHIPLACE for any loss or damage suffered as a result.

6. LIABILITY OF KHIPLACE

KHIPLACE shall not be held liable for any misuse of its Services by the Customer, including where such misuse results from the provision of inaccurate information or the commission of an offence.

Access to the Services

KHIPLACE undertakes to implement standard quality and security measures in order to provide continuous access to the Website.

The Customer is nevertheless informed that access to the Services is provided through the internet. The Customer is therefore advised of the technical risks that may affect the internet network and cause delays or unavailability preventing access to the Services.

The Service Provider shall not be held liable for difficulties in accessing the Services resulting from disruption to the internet network.

Access to the Services may also be temporarily interrupted where necessary for the operation of the Services, including for the purpose of maintaining the Service Provider’s servers.

In such circumstances, KHIPLACE shall use reasonable efforts to restore access to the Website and reduce the duration of any suspension or restriction affecting access to the Services.

Provision of the Services

KHIPLACE undertakes to provide high-quality Services.

The Customer acknowledges that the Services are provided subject to an obligation to use reasonable endeavours and not an obligation to achieve a specific result.

KHIPLACE accepts no liability in relation to the content of data supplied by the Customer or User, including for any loss or damage caused or any infringement of third-party rights.

7. DATA ACCESSIBILITY AND SECURITY, PERSONAL DATA AND SENSITIVE DATA

In connection with the provision of the Services, KHIPLACE may process Personal Data in the name and on behalf of the Customer.

KHIPLACE undertakes to process any Personal Data entrusted to it in accordance with the Privacy and Personal Data Protection Policy relating to the GDPR and forming part of this Agreement.

With regard to Personal Data collected and processed independently by each Party for the purposes of the administrative management of this Agreement and relating to the personnel of the other Party, each Party acknowledges that it acts as a data controller within the meaning of applicable data protection legislation.

Each Party therefore undertakes to comply with all obligations imposed on it in that capacity under the relevant legislation.

The Customer acknowledges that this Agreement sets out the conditions under which the Customer may access the Services, including the ability to create, organise, modify and process Data, and otherwise use the Services.

The Customer acknowledges that such Services are capable of meeting its requirements, including enabling it to comply with its obligations relating to Personal Data.

KHIPLACE shall under no circumstances be liable for the Customer’s failure to comply with its legal or contractual obligations relating to Personal Data.

The Customer acknowledges that the Service Provider has no control over the transfer of Data through public telecommunications networks used by the Customer to access the Services, including the internet.

The Customer acknowledges and accepts that the Service Provider cannot guarantee the confidentiality of Data while it is being transferred through such public networks.

Accordingly, the Service Provider shall under no circumstances be held liable for any misappropriation, interception, corruption or alteration of Data, or any other event affecting the Data, occurring during its transfer through public telecommunications networks.

8. INTELLECTUAL PROPERTY

Access to the Services

KHIPLACE grants the Customer, solely for its own purposes and in order to enable it to use the Services in the course of its professional activity, a personal, non-exclusive, non-assignable and non-transferable right to access the Services.

The Customer is authorised to use the Services solely on its own behalf and in accordance with this Agreement, to the exclusion of any other purpose.

The Customer may therefore under no circumstances make the Services available to a third party.

Ownership

KHIPLACE shall remain the sole owner of all intellectual property rights relating to its Solution, Services and documentation.

Acceptance of this Agreement shall not result in the transfer of any intellectual property rights to the Customer.

The Customer may use, download and print the documents generated through the Services. However, the Customer may not make commercial use of such documents by selling, assigning, licensing or renting them.

The Customer undertakes not to infringe the intellectual property rights owned by KHIPLACE.

In particular, the Customer undertakes not to reproduce or attempt to reproduce a solution intended to offer, directly or indirectly and whether free of charge or in return for payment, the same or a comparable service to third parties.

The Customer also undertakes not to distribute or sell, by any means, any intellectual property element for the purpose of enabling a third party to reproduce, in whole or in part, a similar website or equivalent mobile application.

The use or reproduction of the KHIPLACE name, its logo, the KHIPLACE trade mark or any other name used in connection with the Website is strictly prohibited without the Service Provider’s express prior consent.

9. GOOD FAITH

The Parties undertake at all times to conduct themselves towards one another as loyal and good-faith business partners.

In particular, each Party undertakes to promptly notify the other of any dispute or difficulty that it may encounter in connection with the performance of this Agreement or in its dealings with its suppliers, creditors, customers or other business partners.