Terms and Conditions of Use
Table of contents
- Preliminary statement
- Purpose of the Terms and current version
- Precontractual informations
- Intellectual property
- Information, responsibilities and guarantees relating to the means of access to the service
- Prior service information
- Test period
- Service overview
- Third Party Sites
- Force majeure
- Evidence agreement
- Partial impairment
- Applicable law and jusridiction attribution
Within the meaning of the general conditions of use, the following terms shall have the following definition:
- Administrator means the account in charge of administering the Client's Users accounts. This account may be that of the Client or that of one of the Users.
- Alert means any change of position (positive or negative) in ASTRABAZ's supervision of a fund, a selection, a category.
- Annualized performance refers to the performance obtained with the fund, category or selection by following the recommendation (with ASTRABAZ) or not (without ASTRABAZ) over the duration of the supervision, converted on an annual basis.
- Asset class means the class in which the Fund is registered: Equities, bonds, asset allocation (flexible), real estate, money market, alternative...
- Astrabaz Efficiency means ASTRABAZ's performance rating in protection and performance on a fund, a category, a selection. The higher the rating, the greater the effectiveness of Astrabaz in monitoring the fund, category or selection.
- Astrabaz monitoring chart means the chart representing, from the historical chart of the fund's net asset values or the net asset values composed of the category or selection, periods of positive (green) or negative (red) ASTRABAZ alerts. This chart can be selected from the start of the monitoring period or over several periods of time.
- Base 100 refers to the charts representing, on a 100 basis, the capitalised historical evolution of the fund, category or selection with or without the recommendation of ASTRABAZ. These charts can be selected over several periods of time.
- Base means the consolidation of funds (UCI/UC/FCPE) within an environment (employee savings contract, life insurance contract, etc.). The base corresponds to one of the user's working environments. A ‘Base Test’ is offered to the Visitor who wishes to test the services offered by ASTRABAZ.
- Board means the fund, category, selections comparison service.
- Category means the grouping of funds by theme, country or geographical area.
- Client means the company that has settled the ASTRABAZ subscription.
- Codes means the regulatory codes of the funds supervised by ASTRABAZ: ISIN for OPCVM and UC; AMF for employee savings funds. The ISIN code is composed of 12 characters, the first two of which identify the country of origin of the fund (FR = France, LU = Luxembourg, etc.). Certain Funds such as the FCPE (Employee Savings Fund) have no ISIN code, with the Autorité des Marchés Financiers assigning them a 12 characters code.
- Company means the firm in which the user operates, a client of ASTRABAZ.
- Comparative results means the performance obtained with the fund, category or selection by following the recommendation (with ASTRABAZ) or not (without ASTRABAZ) over the duration of the supervision.
- Cookies means all printers deposited and/or read on Users' equipment, for example when using ASTRABAZ's website or advertising.
- Create a selection designates the action button to create and appoint a selection.
- FCPE (Fonds Commun de Placement d'Entreprise) means the Employee Savings Investment Support. See OPCVM.
- Filters means all the research criteria for finding, in a given environment, funds, selections or categories that meet specific criteria.
- Folder means the analytical presentation of a fund, a selection or a category, whethergeneral, statistical or graphic information, or the results of its monitoring by Astrabaz.
- Fund means the investment vehicles supervised by ASTRABAZ: Mutual funds (within a PEA or a securities account), UC (life insurance or retirement savings) or FCPE (employee savings fund).
- Gains and losses means charts representing, in cloud of points, the maximum unrealized gains and losses obtained by an investor based on its initial entry date, with or without ASTRABAZ.
- Identifier means the identifier (Email) associated with the Tester, Client and User and enabling them to identify in order to access the services offered by ASTRABAZ, Test or in connection with the Subscription.
- Map means the dynamic visual representation that enables us to find out the position (positive or negative) of a geographical area, a country or, by default, out of area funds and to access statistical and graphic information on funds, categories and selections.
- My Account means the dashboard made available to the Tester, Client and User by ASTRABAZ.
- My Bases means the selection button to work in all or any of the user's workspaces.
- OPCVM (Organisme de Placement Collectif en Valeurs Mobilières) means the Funds in the business of investing in the financial markets the savings collected. The OPCVM may consist of transferable securities (equities, bonds) or other financial instruments. It is approved by the Autorité des Marchés Financiers (AMF).
- Overall score means the overall assessment of ASTRABAZ's effectiveness in the supervision of a fund, category or selection.
- Password means the code used by the Tester, Client or User to access their account.
- Performance score refers to the percentage of gains the fund achieves following ASTRABAZ's recommendations.
- Personal data regulations collectively means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinaker the ‘General Data Protection Regulation’) and the ‘Information and Freedoms Act’ No. 78-17 of 6 January 1978 as amended by Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, and as amended by Law No. 2004-801 of 6 August 2004.
- Position means ASTRABAZ's recommendation on a fund: Green, the fund is on a positive trend for ASTRABAZ; red, the fund is on a negative trend for ASTRABAZ.
- Protection score means the percentage of fund losses avoided by following ASTRABAZ's recommendations.
- Selection means a list of funds chosen by the User and kept under a name. It may be renamed, duplicated, amended or deleted.
- Service refers to all information devices made available to Users by ASTRABAZ.
- Show more filters means the action button to increase fund, selections or category search criteria.
- Site means the website www.astrabaz.com or any third party website.
- SRRI means the Synthetic Risk and Reward Indicator, defined by ESMA - the European Securities and Markets Authority, which classifies funds from 1 (lowest risk) to 7 (highest risk). The SRRI of a category or selection is calculated by calculating the average SRRI composing the category or selection.
- Subscriber means the Company which has entered into an agreement with FRN INGENIERIE to benefit from a specific access account at ASTRABAZ.
- Subscription means having subscribed to the contract.
- Terms means these Terms and Conditions of Use applicable to the Service.
- Test means the Visitor being able to attempt for a limited period of time ASTRABAZ before he or she has his or her firm subscribed to it.
- Tester means the Visitor who has decided to test the services offered by ASTRABAZ.
- UC (Account unit) means the Life & Savings Insurance Fund.
- User means any natural person who benefits from the contract to subscribe to the services offered by ASTRABAZ, by his company's subscription to the contract.
- Visitor means anyone who enters www.astrabaz.com and can test the services offered by ASTRABAZ.
- Weeks means the number of weeks of the current fund position, selection or category.
Unless otherwise specified in the Terms:
- Where a word or sentence has a defined meaning, any other form of that word or sentence has a corresponding meaning;
- The words in the singular include the plural and vice versa;
- A reference to a document, standard, legislative provision, code or any other document involves any amendment or updating of that document, standard, legislative provision or code;
- If a time period is specified on the CGU acceptance day, that time period shall be calculated as including that day.
2. Preliminary statement
FRN INGENIERIE informs the Visitors, Testers, Client and Users of the website that the information, articles and figures prepared by FRN INGENIERIE as part of the ASTRABAZ service are provided exclusively to professional clients, and for information purposes only, and may not in themselves constitute a proposal to subscribe to funds or buy back funds.
The Site user acknowledges that he is solely responsible for his actions in the course of his professional activity. The information presented on this Site is of a general nature and cannot be assimilated to advice. Notwithstanding the care taken to complete this Site and to verify the accuracy of the information contained therein, this information shall not be liable to FRN INGENIERIE or ASTRABAZ.
3. Purpose of the Terms and current version
The purpose of these Terms is to define the conditions under which Users can access and use ASTRABAZ.
Any Visitor who enters a service test offered by ASTRABAZ for a limited period of time undertakes to comply, without reservation, with these Terms.
Any Client who subscribes to the contract allows at least one User to access the services offered by FRN INGENIERIE with ASTRABAZ, and undertakes to respect, without reservation, these Terms.
Any User having access to the services offered by FRN INGENIERIE with ASTRABAZ undertakes to respect, without reservation, the present Terms.
If the Tester, Client or User does not agree with some or all of the UGC, it is strongly recommended that the Site and ASTRABAZ should not be used.
FRN INGENIERIE is free to amend this Terms at any time, in order to take into account any legal, regulatory, legal and/or technical developments. Subscribers will be informed of its changes.
The prevailing version of the Terms is the one accessible online. The Tester, the Client and the User recognise this and accept it without restriction, committing themselves to refer to it systematically during each connection.
4. Precontractual informations
The occasional use of ASTRABAZ is permitted within a limited period of time, subject to their undertaking to carry out a compatible professional activity, or as part of the discovery of the service for the purposes of simple information.
The continued use of ASTRABAZ is reserved subject to subscription by the Client, under an intuitu personae fixed term, renewable contract, to professional Users and only to them, natural and legal persons authorised and registered with the supervisory authorities.
These Users may not be attached to the Client Account without the professional responsibility of the signatory company.
Both the Client and the User, under the contract signed, refrain from selling, leasing, making available or communicating in any way to any particular or professional third party their access codes to ASTRABAZ.
Any usurpation of autorisation or disposal, donation, rental, provision by the Client or any of his Users of ASTRABAZ service access codes will expose the Client to immediate termination of his account and possible legal proceedings.
5. Intellectual property
All data, photos, marks and logos contained in ASTRABAZ are owned by FRN INGENIERIE or third party information providers. This information may only be reproduced for personal use, and in no case for commercial use. Any use other than that stated above is strictly prohibited and exposes the offender to civil or criminal proceedings.
Any reproduction, transmission, redistribution, translation, duplication, transfer, creation of hypertext links, in any form whatsoever, concerning all or part of ASTRABAZ appearing on this website shall be subject to the prior written consent of FRN INGENIERIE.
Accordingly, pursuant to the provisions of the Intellectual Property Code, the laws and regulations of all countries and international conventions, any reproduction, dissemination or representation, in whole or in part, of ASTRABAZ or any component thereof is prohibited, as is its alteration. In this respect, the Visitor, Tester, Client and User are prohibited, among other things, from adapting, arranging, modifying, correcting, associating, translating into any language or language, placing all or part of the Service provided by ASTRABAZ or any component thereof on the market free of charge or cost, whatever the means and medium. No stipulation of the Terms can be interpreted as an assignment of intellectual property rights whether tacitly or otherwise.
6. Information, responsibilities and guarantees relating to the means of access to the service
FRN INGENIERIE provides the necessary means for ASTRABAZ to function properly, in particular by taking the necessary measures to maintain its continuity and quality.
The Tester, Client or User acknowledges that his use of ASTRABAZ is at his own risk. ASTRABAZ is provided ‘as it stands’ and is accessible without any guarantee of availability and regularity. FRN INGENIERIE will nevertheless endeavour to make ASTRABAZ accessible 24 hours per 24, 7 days per 7, except in the event of force majeure or an event beyond control, and this subject to maintenance periods, any breakdowns, technical hazards related to the nature of the Internet network or malicious acts or any damage to ASTRABAZ hardware or software.
ASTRABAZ cannot be held responsible for disruptions to the Internet due to cases of major force within the meaning of the case law of the Court of Cassation and due to service maintenance operations planned by ASTRABAZ. ASTRABAZ cannot also be held responsible for the installation and operation of terminals used to access the Service and not provided by ASTRABAZ.
More generally, ASTRABAZ will under no circumstances be held liable for any interruption of the Service regardless of the cause, duration or frequency of such interruption.
Transfer rates and response times from ASTRABAZ's platform to the Internet are not guaranteed by ASTRABAZ. The Tester or User acknowledges that the speed of information transmission does not depend on the service offered by ASTRABAZ, but on the characteristics inherent in electronic communications networks and the technical characteristics of his connection mode (cable, ADSL, 3G, 4G, 5G, etc.) and his Internet access.
ASTRABAZ shall under no circumstances be required to repair any indirect damage suffered by the Tester or User in connection with the use of ASTRABAZ. Indirect damages are those that do not result exclusively and directly from the failure of the ASTRABAZ Service.
In addition, ASTRABAZ's liability cannot be sought for acts performed by the Tester or User or a third party using its Service.
Any software, downloaded by the Tester or User, or obtained in any other way during the use of the Service, is so at the risk and peril of the Tester or User.
7. Prior service information
Equipment (including computer, telephone, sokware, electronic communication media) enabling access, testing and use of the Service shall be borne exclusively by the Tester, the Client and the User, as well as electronic communications charges (including telephone costs, Internet access costs) resulting from their use. It is the responsibility of the Tester, the Client, the User to obtain information about the price at which such equipment or services are used from the operators concerned. Only the Tester, the Client and the User are liable for their prices.
By accepting the Terms and Conditions of Use, under test or for payment, the Tester, the Client and the User declare and acknowledge :
- He acts on behalf of his firm;
- He is a financial, insurance, advisory, brokerage and management professional;
- He is advised that paying services may only be ordered by a major individual, representing an approved firm.
8. Test period
The Site provides the Visitor with the option of conducting, under his sole responsibility, a free pre trial test of 15 days, on a test basis provided from time to time by the site.
This test allows him to access all of the Service's functionalities on this basis and thus become familiar with him. In this context, FRN INGENIERIE disclaims any responsibility for the use made by the Tester of the services offered by ASTRABAZ (See ‘Responsibilities’)
The Tester can ask the FRN INGENIERIE team to demonstrate these features by offering an online date. If the proposed date is not appropriate, the Tester will be contacted by telephone by the FRN INGENIERIE team in order to find another date.
To perform his test, the Visitor opens his User Account by specifying:
- His first name
- His last name
- Specifying his business activity
- His email
- His password
- His mobile number that will enable him to receive an identification confirmation SMS
The test period provides the Visitor with all of the site's functionalities, as part of a pre formatted test base.
During or at the end of the test period, the testing company may subscribe for a subscription is thus becoming a Client, and the Tester becomes the User.
The subscription is the subject of a specific licence agreement signed aker a quote has been issued between FRN INGENIERIE and the Client Company aker further information concerning the Company has been taken into account, as well as the environment requested by the Company and the characteristics of the use of the services offered by ASTRABAZ.
10. Service overview
ASTRABAZ offers its suppliers, clients and their Users a tailor made environment composed of the fund bases/UC of its choice corresponding to their working environment (life insurance contracts, employee savings plans, etc.), with:
- A dynamic map enabling them to view, overall, for all of its bases or any of them, at their choice, by country, area or off zone, the positive or negative position of countries, areas, funds, categories and selections, to view their summary information as the results of their monitoring by Astrabaz, to create or modify selections, to create alerts enabling them to be informed by mail in the event of a change in positions.
- A table enabling them to compare and classify funds, to select them, but also to compare and classify selections, the categories present in the selected base, as to activate an alert enabling them to be informed by mail in the event of a change in positions, by supporting their choice on the increasing or decreasing rankings of each fund, category, selection in the columns in the table and the use of selections multicriters to specify the research and reduce the field of comparison
- A folder enabling them to find dynamic summary information on, at their choice, a fund, a category, a selection such as creating or modifying a selection or activating an alert enabling them to be informed by mail in the event of a change of position and to analyse the fund, the selection, the category.
The information published on www.astrabaz.com is provided for information purposes only and the user states that he is fully informed and aware that it does not in any way constitute:
- an incentive to invest;
- a public offering;
- a solicitation;
- any solicitation to sell or buy financial products.
Consequently, this information can under no circumstances incur the liability of FRN INGENIERIE, particularly in the event of unsuccessful investment by the Tester or User. FRN INGENIERIE therefore accepts no liability whatsoever for any direct or indirect financial losses caused by the use of the information provided by the website www.astrabaz.com. Similarly, FRN INGENIERIE endeavours to verify the quality and legality of the external sites to which the hypertexts present on the website www.astrabaz.com refer, but cannot under any circumstances be held liable for their content. The Tester or User is invited to report any errors or omissions to FRN INGENIERIE.
FRN INGENIERIE is totally unrelated to the legal relationships that may arise between the Tester, the Client, the User and a third party, whether or not it is itself a Tester, Client or User of the services offered by ASTRABAZ. Consequently, the liability of FRN INGENIERIE cannot under any circumstances be enforced by the Tester or User in the event of a dispute between it and a third party.
The user guarantees FRN INGENIERIE against any action that may be taken against FRN INGENIERIE by a third party by the Tester or User.
The ASTRABAZ service provided by FRN INGENIERIE is strictly limited to the description given in these General Terms and Conditions and shall not, under any circumstances, be deemed to be an advisory or brokerage service. FRN INGENIERIE disclaims any responsibility for relations of any kind, concluded between suppliers, between Clients and between Users. FRN INGENIERIE also abdicates any responsibility for talks prior to the conclusion of these contracts, and cannot therefore be held responsible for any problems that may arise on that occasion.
The parties agree that FRN INGENIERIE is subject with the services offered by ASTRABAZ to a general obligation of means and not result. The responsibility of FRN INGENIERIE can only be sought if it is directly responsible for gross or malicious misconduct. Under an express agreement, FRN INGENIERIE is not liable for any damage, such as financial, commercial, customer loss, any commercial disorder, loss of profit, loss of brand image, loss of data, files or sokware or increased charges, which could result for the user from FRN INGENIERIE's failure to perform or failure to perform its obligations. Any action directed against the Tester, the Client or the User by a third party is deemed to be indirect prejudice and therefore cannot be liable to compensation.
For its part, the User undertakes to take all necessary precautions to reduce the harm that may result from the performance of this contract, and in particular to carry out data safeguards and use up to date anti virus sokware.
In any event, if FRN INGENIERIE's liability were nevertheless to be retained, the amount of damages that might be charged to it shall not exceed, all damages taken together, the amounts actually received by FRN INGENIERIE in respect of the performance of the test or that of the contract with the Client during the calendar year in which its liability would be invoked.
It is expressly agreed that this section will survive the termination or resolution of the contract for any reason whatsoever.
ASTRABAZ and the information it offers are provided for illustrative purposes only. They are no substitute for advice from ASTRABAZ and FRN INGENIERIE. FRN INGENIERIE also excludes the execution of any transaction in financial instruments, any brokerage or solicitation transaction and any transaction for investment services, financial investment advice or related services, and under no circumstances may it be held liable for indirect damage, such as loss, financial harm or decline in financial assets.
FRN INGENIERIE shall not be held liable for any errors, omissions, changes or delays in updating the information available on www.astrabaz.com or transmitted to the Tester, Client or User and for any consequences thereof in connection with their use. FRN INGENIERIE does not guarantee the completeness or accuracy of the information transmitted, even if this information is established from serious sources deemed reliable.
FRN INGENIERIE expressly recommends that the Tester or User should not take any decision solely on the basis of the information received from ASTRABAZ and consult its usual sources, it being specified that the Tester, Client and User will, in any event, be solely responsible for the use they have chosen to make of information given by ASTRABAZ. It is also recalled that the past or present performance of a Fund is not indicative of its future performance, and that the Funds exposed to financial market risks are intended for clients who accept stock market risks and are accompanied in their investment by approved professionals, under the responsibility of the Board. As a result, the Tester or User acknowledges testing or using ASTRABAZ only at its own risk and peril.
12. Third Party Sites
In the event that the Service contains hyperlinks referring to third party published websites (hereinaker the ‘Third Party Sites’) over which ASTRABAZ does not exercise any kind of control, ASTRABAZ does not assume any responsibility for the content of the Third Party Sites or the content to which the Third Party Sites may refer. Hyper links to Third Party Sites should not mean that ASTRABAZ approves the content of Third Party Sites in any way.
ASTRABAZ is not responsible for any changes or updates concerning Third Party Sites.
ASTRABAZ is not responsible for the transmission of information from the Third Party Sites, nor for their malfunctioning.
13. Force majeure
Force majeure arises when an event beyond the control of the debtor, which could not reasonably be foreseen upon acceptance of the Terms and whose effects cannot be prevented by appropriate measures, prevents the debtor from fulfilling his obligation.
The event of force majeure shall suspend the obligations of the party concerned during the period when force majeure will occur if this event is temporary. However, Parties will endeavour to minimise the consequences as far as possible.
Otherwise, if the impediment is final, the parties shall be released from their obligations under the conditions set forth in articles 1351 and 1351-1 of the Civil Code.
14. Evidence agreement
Messages received by fax or electronic means and more generally electronic documents exchanged between ASTRABAZ, the Client and the User are original writings within the meaning of Article 1366 of the Civil Code, i.e. as having the same value as the original.
The failure of either Party to avail itself of one or more of the provisions of the Terms shall under no circumstances imply a waiver by that Party to avail itself of them at a later date.
16. Partial impairment
In the event that certain provisions of the Terms are unenforceable for any reason, including any applicable law or regulation, the parties will remain bound by the other provisions of the Terms and endeavour to remedy the inapplicable clauses in the same spirit as that which presided over the conclusion.
17. Applicable law and jusridiction attribution
Terms are subject to French law. Any difficulties relating to the validity, application or interpretation of the Terms shall be submitted, in the absence of an amicable agreement, to the competent court of Grenoble, to which the Parties assign territorial jurisdiction, regardless of the place of performance or the domicile of the defendant. This allocation of jurisdiction also applies in the case of summary proceedings, multiple defendants or a call for security.