Legal information

In accordance with the provisions of Article 6 III.-1. of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, we inform you that :

The content of the Services is provided by :

AXA Epargne Entreprise, S.A. with capital of €14,820,521.34, Siren 428 191 027 RCS Nanterre, Registered office: 313 Terrasses de l'Arche 92727 Nanterre Cedex, Investment firm, approved in France by the A.C.P.R. (4 Place de Budapest CS 92459 75436 Paris Cedex 09) under No. 15573, authorised to act as an account holder-custodian of financial securities, and as such subject to the Monetary and Financial Code.

The director of the publication/editor is Yann Illouz.

The hosting of the Services is provided by :

  • the website: THALES SERVICES SAS; head office: 20-22 rue Grange Dame Rose 78140 Vélizy-Villacoublay; Telephone: 01 39 45 99 06.
  • the telephone service: ATOS ORIGIN INFOGERANCE; head office: 64 rue du 8 Mai 1945 92000 Nanterre; Telephone: 01 46 14 50 00.
  • the chattbox : Do You Dream Up; head office : 17 rue de Clery 75002 Paris ; Phone : 01 84 17 52 75

 

General terms of use of the website, mobile application and telephone service

 

Article I. Purpose

These general terms and conditions of use define the rules for the operation and use of the Services offered by AXA Epargne Entreprise, namely :

  • a secure website with a URL address of https://www.capeasi.com,
  • an "AXA Epargne Salariale" mobile application
  • a telephone service reserved for employees eligible for the employee savings scheme(s) set up by their company and holding an account with AXA Epargne Entreprise (hereinafter referred to as "Employees"),
  • a secure website whose URL address is https://www.capeasimanager.com reserved for companies that have signed an agreement with AXA Epargne Entreprise (hereinafter referred to as the "Business Client") to open an account, hold an account and keep a register of employee savings accounts; when the agreement is signed, the Business Client appoints a correspondent, a natural person, to represent it in its relations with AXA Epargne Entreprise (hereinafter referred to as the "Business Correspondent").

 

These Services enable the User to obtain general information on employee savings and to consult the employee savings accounts for which AXA Epargne Entreprise is responsible for account management and custody in the area of employee savings.

 

Article II. Conditions of access to the Services

The User acknowledges that he/she has the necessary skills and means (equipment and internet/telephone subscription) to access and use the Services, it being specified that the costs relating to these means remain at his/her sole expense.

 

Section 2.01 Access Equipment

  1. Support

The User must necessarily have to access :

    • To the website: a computer with an internet browser and internet access,
    • To the mobile application: from a mobile phone such as a smartphone or a digital tablet, with an internet connection,
    • Telephone service: from a fixed or mobile telephone, provided that it has multi-frequency key detection.

The User is responsible for the rental or acquisition and maintenance of this equipment and for the rights to use the software, and is responsible for ensuring that the said equipment and software are compatible with the Services offered by AXA Epargne Entreprise.

The obsolescence of a software package or operating system version may result in the termination of the compatibility guarantee.

AXA Epargne Entreprise shall in no case be held liable for any harmful consequences resulting from the choice of technical equipment, software and subscriptions and/or their use and/or installation.

 

 

  1. Download the mobile application

The mobile application is only delivered by download from a download platform or any other space authorized by AXA Epargne Entreprise.

To use the mobile application in its entirety, the User must be connected to the Internet. The User must accept updates to the application. Otherwise the application will be partially or totally unavailable. The obsolescence of a mobile operating system may lead to the end of the compatibility guarantee.

The mobile application is subject to the conditions of the User's internet service provider and telephone operator (coverage, saturation, availability) and to its possible limits and restrictions of availability, coverage and saturation depending on the User's geolocation at the time of using the application.

AXA Epargne Entreprise may not be held responsible for any malfunctioning of the application and the consequences thereof arising from these conditions.

 

Section 2.02 Identification

Access to the Services assumes that (i) the User has been identified by means of a double electronic key: an Internet account number and a password and (ii) his terminal is authenticated. The internet account number is permanent.

 

Assigning the internet account number and password

The account number and password (hereinafter the "Access Data") are sent to the User by separate mail. These data are common to all Services.

If the Client Company has opted for a direct relationship between its Employees and AXA Epargne Entreprise, the Access Data are communicated directly by AXA Epargne Entreprise to each User.

If the Corporate Client has opted for an indirect relationship between its Employees and AXA Epargne Entreprise, AXA Epargne Entreprise will communicate to the Business Correspondent its internet account number and those assigned to each Employee. The Business Correspondent is responsible for providing each Employee with this number. The password is sent by AXA Epargne Entreprise to each User.

 

Password renewal

The User is invited to change his password on his first connection and then on a regular basis in order to preserve its confidentiality. It is also recommended that the User does not choose a password that can be easily detected by a third party.

The User can change his password at any time on the website under the heading "My profile / Password" and on the mobile application from the "Profile" menu and then click on the "Change my password" button.

 

Forgot or lost password

The number of successive attempts to enter the password is limited to three attempts. After the third unsuccessful attempt, access to the Services is suspended.

 

The User may then request the allocation of a new password. This temporary password must be changed the first time the User connects to the Services following the assignment.

The Employee may request this:

  • from the identification page of the website or the mobile application under the heading "Forgotten?
  • from the Customer Service Department by contacting a telephone operator at the address indicated on the last transaction statement and/or the account status statement;
  • by mail to the following address AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9.

In order for a temporary password to be issued to him, he must indicate his identifier and his internet account number. He can choose to have the password sent to him by SMS (if he has filled in the corresponding data in his Customer Area) or, failing that, by post.

 

The Company Correspondent may request this:

  • from the identification page of the website under the heading "Forgotten?
  • to the Customer Service Department either by e-mail or by contacting a teleoperator;
  • by mail to the following address AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9.

The Correspondent must indicate the code of the company, its identifier as well as its name and first name.

 

Terminal authentication

All computer connection media must be registered to allow browsing on the Customer Area. Registration of the terminal will be done by exchanging a unique password sent by e-mail or SMS. Failing this, the Employee is invited to contact Customer Service.

 

Responsibility of the User

The Access Data are strictly personal and confidential. The User assumes full responsibility for the preservation of their confidentiality and bears all the consequences that may result from their voluntary or involuntary disclosure to a third party.

The entry of Access Data by the User enables AXA Epargne Entreprise to identify the User. Any operation carried out on the Services after the User's Access Data has been entered is deemed to be carried out by the User. In any event, the use of the Access Data is deemed to be made by the User.

The User expressly accepts that AXA Epargne Entreprise shall be released from any liability in the event of unauthorized fraudulent use of the Access Data entrusted to it, insofar as the User has all the necessary means to ensure the confidentiality of his or her Access Data (ability to change the password at any time).

In the event that an unauthorized person becomes aware of the Access Data, the User must notify AXA Epargne Entreprise and lodge an objection by telephone or by e-mail, with confirmation by sending a registered letter with acknowledgement of receipt to the following address AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9, so that the necessary measures can be taken (deactivation of the password, allocation of a new temporary password and resumption of Services). In the absence of opposition, AXA Epargne Entreprise is entitled to consider that any connection to the Services by means of the Access Data is deemed to have been made by the User to whom it has been allocated. In the event of a dispute as to the date of opposition, only the date of receipt by AXA Epargne Entreprise of the written confirmation is deemed authentic between the parties.

 

Section 2.03 Collection of Information

Within the framework of the regulations relating to the fight against money laundering and the financing of terrorism, Employees are invited to provide or verify and validate certain personal data, in particular their e-mail address, before having access to the features of the Services.

 

Section 2.04 Evolution of Services

AXA Epargne Entreprise may make changes and adaptations to the Services at any time and without prior notice, at its sole discretion.

Any modification of the Services will be subject to a modification of the present general conditions. The modified general conditions will be available on the identification page of the website and the mobile application. These Services will be automatically imposed on the User after acceptance of the modified general conditions.

 

Section 2.05 Accuracy, Completeness and Accuracy of Information Provided on the Services

AXA Epargne Entreprise makes every effort to ensure that the information published is accurate and up-to-date at the time it is put online. However, there may be a time lag depending on the operations being recorded or pending processing.

AXA Epargne Entreprise declines all responsibility for any imprecision, inaccuracy, omission or modification of the information available on the Services, particularly in the event of changes in administrative and legal provisions, as well as for any direct or indirect damage resulting from fraudulent intrusion, particularly when it could lead to a modification of the information made available or to the impossibility of accessing it.

 

Article III. Acceptance and modification of the general conditions of use

Access to the Services is subject to the User's prior acceptance of these general terms of use. Acceptance is made at the time of the first connection after entering (i) the Access Data and (ii) the collection of information.

The User accepts the general terms and conditions either on the website or on the mobile application by clicking on the "I accept the general terms and conditions" button located at the end of the general terms and conditions, or on the Telephone Service by pressing the corresponding button. Acceptance of the general terms and conditions on the website or on the mobile application or on the Telephone Service implies acceptance of the general terms and conditions of all the Services.

The User acknowledges that by clicking on "I accept the terms and conditions" or by pressing the corresponding button on the Telephone Service, he/she agrees to these terms and conditions. The User thus undertakes to comply with them.

Any changes to these terms and conditions, excluding changes to the required access equipment, will be notified to the User at the time of first connection following such changes. The User must accept the modified terms and conditions before being able to access the Services.

In case of disagreement of the User with one of the clauses appearing in the general conditions, the User will have the possibility of asking for the withdrawal of his access under the conditions of article VII of the present.

Proof of acceptance of the general terms and conditions is retained by the AXA Epargne Entreprise systems. In the event of modification of the general terms and conditions, only the proof of acceptance of the latest accepted version of the said general terms and conditions is retained.

The User may at any time consult the general conditions under the heading "General conditions of use" on the identification page of the website and from the "legal information / GCU" menu of the mobile application.

 

Article IV. Functionality of the Services

The Services offered by AXA Epargne Entreprise are subject to the provisions set out in the account opening, custody account keeping and account register agreement signed between AXA Epargne Entreprise and the Client Company. Consequently, AXA Epargne Entreprise does not guarantee that the User will be able to carry out all the operations mentioned below.

In direct relation, the Employees have direct access to the functionalities of the website and the mobile application.

In an indirect relationship, Employees have full access for consultation and limited access for transactions. Transactions that cannot be performed directly by the employee are performed by the Company Correspondent on their behalf.

 

Section 4.01 Website Features

  1. General information

AXA Epargne Entreprise provides the User with general information on employee savings schemes, on how to reimburse his assets (supporting documents, conditions, etc.) and on how to change his contact details.

Online assistance is available on the website and telephone service reserved for Employees.

 

  1. Operations carried out by the Company Correspondent

The Company Correspondent can perform the following operations:

    • consultation of the overall position of the savings of the Employees of his Company as well as the overall or detailed situation by system and by investment medium of the assets allocated to the Employees' savings,
    • consultation of the history of payments made by investment medium as provided for in the agreements in force in the Company,
    • management of collective operations (profit-sharing, voluntary payments, matching contributions, transfer of rights from CET to PERCO/PERECO) and monitoring of the processing of operations,
    • putting the Company's bank details online,
    • updating of the employee identification (present, out, retired),
    • edition of management reports (list of employees, reporting of NDPs, CSG/CRDS table, etc.).

Within the framework of an indirect relationship, the Company Correspondent must have received from each Employee concerned a mandate to carry out the following operations on his behalf

    • modify the personal data of the Employees (postal address, bank account),
    • Enter the profit-sharing and incentive option statements,
    • make a payment.

After each execution of a financial operation, a summary file of the processing of the operations is made available to the Business Correspondent.

It is specified that AXA Epargne Entreprise remains a third party to any dispute that may arise between the Client Company and its Employees. Responsibility lies exclusively with the Company Correspondent.

 

  1. Operations that can be performed by the Employee

The Employee may perform the following operations:

  • consultation and modification of personal data ;

The Employee can change his postal address, e-mail, telephone number, marital status and bank details, and upload any supporting documents.

It is the Employee's sole responsibility to ensure that his or her e-mail address and mobile phone number are kept up to date; AXA Epargne Entreprise cannot be held responsible for the consequences of their obsolescence, and in particular for a failure to receive the e-mail or SMS.

  • password management ;
  • consultation of the documentation relating to the investment vehicles provided for by the employee savings scheme(s) in force in his company;
  • consultation of the amount of savings by device, by investment medium and by date of availability ;
  • consultation of the contribution rule, if applicable ;
  • edition in .pdf format of a statement of account status at a specific date;
  • consultation of the history of the operations carried out (the history takes effect from 11 February 2008);
  • consultation of current operations ;
  • request for partial or total reimbursement of available assets or assets maturing in less than three months ;

The Employee must indicate the date of the release, choose the investment medium(s) and indicate the number of units or the gross amount he/she wishes to be reimbursed. Subject to the terms and conditions provided for within his Company, he may indicate a triggering threshold.

The gross redemption amount is an estimated amount, calculated on the basis of the last known net asset value for each investment medium. The refund will be made on the net asset value following receipt of the request (i.e. at an unknown price at the time of the transaction).

Payment will be made by bank transfer to the Employee's bank account. If the account number is invalid, payment will be sent by cheque to the Employee's postal address.

  • request for partial or total reimbursement of unavailable credits ;

In the event of an early release (except in the case of the Employee's death or overindebtedness), the Employee must select the reason for the release, the release date, choose the investment medium(s) and indicate the number of units or the gross amount he/she wishes to be reimbursed.

The Employee must enclose the appropriate supporting documents for his request for reimbursement to be admissible. The Employee has a period of thirty days following the online registration of his transaction. At the end of this period, the request will be cancelled. These supporting documents can be sent by post or posted online. In this case, the documents are attached in one of the following formats: .pdf, .jpg or .jpeg, and their overall size must not exceed 10 MB. Acceptance of the general terms and conditions of use implies certification that the supporting documents provided are the originals. AXA Epargne Entreprise may ask for the original documents to be sent by post for verification purposes.

The request is deemed to have been received on the first business day following the date of transmission. This date of receipt shall be taken as proof, in particular to determine the applicable net asset value and to ensure compliance with any time limit set for making the request for early release.

If the redemption operation is not valid, the Employee receives either a letter by post detailing the reasons for the rejection or an e-mail or SMS (if he/she has opted for this method of communication) informing him/her that his/her redemption file could not be validated and inviting him/her to log on to his/her Personal Area to view the letter detailing the reasons for the rejection. The letter made available on the Customer Area is in .pdf format.

Any application that is incomplete and/or contains illegible supporting documents or documents that cannot be opened by AXA Epargne Entreprise will be rejected.

Repayment is made under the same conditions as the repayment of available credit notes.

  • one-off or scheduled payment by direct debit from a bank or post office account;

The Employee must upload an identity document and a direct debit bank statement to his Customer Area after electronically signing a SEPA direct debit mandate. Alternatively, he/she may send the signed SEPA direct debit mandate by post to AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9. This SEPA mandate will lapse after a period of inactivity of 3 years.

At the time of the payment, he/she specifies in particular the month of the first payment, the possible periodicity, the amount, the distribution of the payment between the investment supports. The Employee accepts all the conditions specific to this service.

  • one-time payment by credit card ;

The Employee undertakes to be the personal holder of the bank card used for the payment. To make the payment, he/she must enter his/her e-mail address, indicate the device on which he/she wishes to make the payment, choose the investment medium(s) and specify the amount of the transaction. After validating this step, he/she leaves the site to be redirected to the Paybox System payment server (secure collection system for payment transactions on the Internet using the 3D Secure security protocol) on which the transaction can then be carried out. After having filled in his credit card information and the possible secret data agreed with his bank (date of birth, password, code received by SMS, ...), he will be able to proceed with the payment. The transaction will be validated subject to the acceptance of his bank and the Paybox transaction.

  • change of investment choice (arbitrage and transfer) ;
  • entry of an option form (profit-sharing, participation, transfer of CET rights to the PEE or PERCO/PERECO, transfer of unused rest days to the PERCO/PERECO);
  • cancellation of a transaction ;

The cancellation request must be made before the order reception deadline mentioned in the key investor information documents of the investment vehicles concerned and in the general terms and conditions of the account holder.

  • electronic statement subscription ;

The Employee who subscribes to this service receives his next documents (option notices, transaction statements, position statements, annual statement, summary statement, etc.) in electronic format, except for operations currently being processed, directly on his Customer Area. After each transaction, the Employee receives an electronic message informing him/her that each document is available on the site. The Employee acknowledges that the posting of his or her transaction records online constitutes delivery of said documents by AXA Epargne Entreprise.

The Employee may cancel this service at any time by clicking on the "My profile/My subscriptions/Statements and certificates" tab. As the information contained in the electronic statement is confidential, the Employee's attention is drawn to the need to use a personal e-mail address for which he/she is the sole recipient in order to respect all confidentiality.

  • subscription to commercial canvassing ;

The subscription to this service by the Employee results from his subscription by clicking on the tab " My profile " My subscriptions " Subscription to commercial offers ". The user must choose the mode of reception of these notifications (E-mail and/or SMS).

Transactions carried out and validated on the Site are recorded and stored by the computer systems of AXA Epargne Entreprise.

Each transaction is assigned a transaction number. This reference is indicated on the acknowledgement of receipt sent to the Employee by e-mail or SMS (provided that the latter has indicated his e-mail address and/or mobile phone number).

Employees who have assets in several Business Customers whose accounts are managed by AXA Epargne Entreprise benefit from its functionalities for their various accounts.

 

Section 4.02 Mobile Application Features

The Employee may perform the following operations:

  • consultation and modification of his personal data,
  • consultation of the position of its account by device and by investment support,
  • consultation of the last operations carried out,
  • consultation of current operations,
  • making one-off payments by credit card or direct debit,
  • partial or total reimbursement of available assets,
  • seizure of his profit-sharing or participation,
  • referral to arbitration,
  • password renewal,
  • cancellation of an operation,

subscription to electronic documents. Transactions carried out and validated on the mobile application are recorded and stored by AXA Epargne Entreprise's IT systems.

Each transaction is assigned a transaction number. This reference is indicated on the acknowledgement of receipt sent to the Employee by e-mail or SMS (provided that the latter has indicated his e-mail address and/or mobile phone number).

Employees who have assets in several Business Customers whose accounts are managed by AXA Epargne Entreprise benefit from its functionalities for their various accounts.

 

Section 4.03 Telephone Service Features

The telephone service allows Employees :

  • request to receive general information by e-mail about employee savings, the terms and conditions for repayment of available assets, and cases of early release
  • to access a teleoperator directly or to be called back by a teleoperator.

Access to this feature requires the User to enter his/her login and password and to have a valid e-mail address in his/her personal details.

 

Article V. Evolution and Availability of Services

AXA Epargne Entreprise undertakes to implement the necessary means to ensure the availability of the Services under optimum conditions. However, the User is informed that AXA Epargne Entreprise cannot guarantee uninterrupted operation of the Services.

Access to the Services is possible 24 hours a day and 7 days a week, subject to occasional but necessary operations of control or technical maintenance, updating of computer databases or congestion of the line, failure to supply electrical power, interruptions of service due to malfunction of the User's equipment or the transmission network.

In any event, in the event that all or part of the Services are unavailable, the User retains the option of carrying out the aforementioned operations either by sending a letter or by contacting a telephone operator directly, who is available from Monday to Friday (excluding public holidays and certain bridging days set annually) from 9:00 a.m. (8:30 a.m. for employees) to 6:00 p.m. (Paris time) at the telephone number indicated on his account statement (call not surcharged).

The User expressly acknowledges that AXA Epargne Entreprise may not be held liable for the unavailability of the Services for any reason whatsoever.

 

Article VI. Financial conditions

Access to the Services is free.

However, AXA Epargne Entreprise reserves the right to charge for access to these Services at a later date. In this case, the User will be informed of the applicable rate by letter three months before it takes effect. The User will then have the option of terminating his access to the Services, under the conditions set out in Article VII of these general conditions. The operations carried out within the framework of the Services will be invoiced in accordance with the price list transmitted and available on the Customer Area.

The User is personally responsible for paying the price of the communications necessary for Internet connections and telephone communications.

 

Article VII. Duration and suspension of access to the Services

Access to the Services is valid for an indefinite period starting from the date on which AXA Epargne Entreprise sends the User his/her access data.

AXA Epargne Entreprise reserves the right to suspend or terminate access to one or more of the Services at any time, without prior notice and without being required to state the reason, if it should find facts that suggest fraudulent use and/or use contrary to these general terms and conditions of use or attempted fraudulent use and/or use contrary to these general terms and conditions of use of its Services. The User may not be compensated in any way for this. A message will be activated on the identification page of the Services.

The User may at any time request the termination of his/her access to the Services by written notification to AXA Epargne Entreprise at the following address AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9. The withdrawal of access will take effect on the day AXA Epargne Entreprise receives the notification.

 

Article VIII. Information technology and civil liberties

Section 8.01 Cookies

You can view our cookie policy by clicking on the link at the bottom of each page of the website or from the "Profile" menu of the mobile application.

 

Section 8.02 Hyperlinks

The website and the mobile application may contain hyperlinks to sites for which AXA Epargne Entreprise is not the publisher.

By accessing another site via a hypertext link, the User accepts that such access is at his/her own risk. Consequently, AXA Epargne Entreprise cannot be held liable for any direct or indirect damage resulting from access to another site connected by a hypertext link.

Furthermore, the User may not set up a hypertext link to the website without the express prior authorization of AXA Epargne Entreprise.

 

Section 8.03 Information Security

AXA Epargne Entreprise undertakes to ensure the security and confidentiality of the User's personal data in order to protect them against any modification, loss, accidental destruction or unauthorized disclosure.

The information transmitted during the transmission of orders via the website or the mobile application circulates on the data transport networks in encrypted form. The security protocols are subject to vulnerability testing twice a year.

The User acknowledges that he/she is fully aware that total security of correspondence cannot be guaranteed on the Internet. In this context, he/she expressly releases AXA Epargne Entreprise from its obligation of banking secrecy.

The User's attention is drawn to the fact that e-mails circulating on the Internet are not encrypted and can be intercepted by third parties. The User is advised not to transfer personal or sensitive data by e-mail.

It is the User's responsibility to take all necessary measures to protect his media from contamination by a virus or attempts to intrude or use it by a third party.

 

Section 8.04 Right of access and rectification

In the context of your relationship with AXA Epargne Entreprise for an Employee Savings Plan, the latter will mainly use your data to conclude, manage and execute the plan. It may also use your data (i) in the context of litigation, (ii) to combat money laundering and the financing of terrorism, (iii) to comply with applicable regulations.

Your data will be kept for the time necessary for these various operations, or for the duration specifically provided for by the CNIL (standards for the banking sector) or the law (legal requirements).

It will only be communicated to authorized partners or professional organizations that need to have access to it in order to carry out these operations. For those recipients located outside the European Union, the transfer is limited to (i) countries listed by the European Commission as providing sufficient protection for data or (ii) recipients who comply with either the standard contractual clauses proposed by the CNIL or the AXA Group's internal data protection rules (BCR). These documents are available online at https://www.axa.com/en/about-us/cyber-data-privacy

To give you the necessary transparency on the different measures deployed and to reaffirm AXA France's commitment to protect your data, our RGPD commitments can be downloaded here.

We are legally obliged to check that your data is accurate, complete and, if necessary, updated. We may ask you to verify this or complete your file (for example by recording your email if you have written an email to us).

You may request access, rectification, deletion or portability of your data, define guidelines for its use after your death, choose to limit its use or oppose its processing. If you have given special and express authorisation for the use of some of your data, you may withdraw it at any time, provided that it does not concern information that is essential to the application of your contract.

You can write to our data protection officer to exercise your rights by email (service.informationclient@axa.fr) or by post (AXA France - Service Information Client - 313 Terrasses de l'Arche 92727 Nanterre cedex). In the event of a complaint, you may choose to refer the matter to the CNIL.

 

Article IX. Intellectual Property

The general structure, as well as the software, texts, images, sounds and all other elements making up the Services are the exclusive property of AXA Epargne Entreprise and are protected by French and international laws in force in the field of intellectual property. The trademarks and logos appearing on the website and the mobile application are registered.

Consequently, none of this information may be, in whole or in part, reproduced, represented, affixed, used, modified, distributed, rebroadcast, translated, commercially exploited or reused in any way whatsoever without the express, prior and written authorization of AXA Epargne Entreprise.

Violation of this prohibition constitutes an act of counterfeiting that may engage the civil and criminal liability of the counterfeiter in accordance with the provisions of the Intellectual Property Code.

 

Section 9.01. Contractual Terms and Conditions for Use of the CUSIP Service

 

The setting of a trigger point for a redemption may be based on the price of a share underlying the fund for which the redemption is requested. The display of the share price listed on the US market requires a subscription to the CUSIP service. Acceptance of these general terms and conditions of use also implies acceptance of the contractual terms and conditions of this service.

 

User agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to User in such materials or in any of the information contained therein.  Any use by User outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage.  User agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, User agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.

User agrees that User shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions.  User further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.

 

Neither cgs, aba nor any of their affiliates make any warranties, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in the cusip database.  all such materials are provided to user on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use nor with respect to the results which may be obtained from the use of such materials.  neither cgs, aba nor their affiliates shall have any responsibility or liability for any errors or omissions nor shall they be liable for any damages, whether direct or indirect, special or consequential, even if they have been advised of the possibility of such damages.  in no event shall the liability of cgs, aba or any of their affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by user for access to such materials in the month in which such cause of action is alleged to have arisen.  furthermore, cgs and aba shall have no responsibility or liability for delays or failures due to circumstances beyond their control.

 

User agrees that the foregoing terms and conditions shall survive any termination of User's right to access the materials identified above.

 

Article X. Acts of God - Force majeure

AXA Epargne Entreprise is only subject, within the framework of these general conditions, to an obligation of means. It shall not be liable for any consequences that may affect the User's account resulting from misuse or unauthorized use of the Services by the User or by an unauthorized third party.

AXA Epargne Entreprise is not responsible for the transport of data, the quality of the availability of telecommunications networks, nor for interruptions in service due to fortuitous events or force majeure or other circumstances beyond its reasonable control and, in particular, in the event of industrial disputes - even partial - occurring at AXA Epargne Entreprise or at any other intermediary involved in the operation of the Services, failure to supply electrical power, or interruptions in service due to malfunctioning of the User's equipment or of the transmission network.

AXA Epargne Entreprise is neither the supplier of the terminal nor the carrier of the Internet access information, and therefore cannot be held liable.

In any event, AXA Epargne Entreprise may not be held liable in the event of a dispute between the User and his or her supplier, or in the event of a malfunction, unsuitability or setting of his or her technical equipment that makes it impossible to access and use the Services.

In the event of a prolonged interruption of the Services, the User will be informed by display on the website or mobile application and via a message on the telephone service, except in cases of force majeure. Users may still send their requests for transactions by post. AXA Epargne Entreprise shall not be liable for any consequences resulting from an interruption of the Services.

The User accepts full responsibility for the transactions he/she initiates and their consequences and may not, under any circumstances, hold AXA Epargne Entreprise liable in this regard.

AXA Epargne Entreprise shall not be held liable for any direct or indirect damage that may result from access to or use of the Services, including any deterioration, virus or any other parasite of a destructive nature that may infect the User's technical equipment or any other property.

 

Article XI. Evidentiary agreement

It is expressly agreed between the Parties that the rules of evidence referred to below and in the present general terms and conditions of use as a whole govern the relationship between the User and AXA Epargne Entreprise.

The entry of the Access Data by the User identifies the latter. Consequently, any operation carried out by the User within the framework of the use of the Services after the entry of his Access Data is deemed to emanate from the User himself.

The fact of ticking the boxes corresponding to each stage of the operation carried out on the website or mobile application expresses the User's consent to the operation being carried out under the conditions that he himself has indicated during the various stages of validation of his request.

Traces of connections to the website and mobile application are kept by AXA Epargne Entreprise's IT systems as proof of the operations carried out using these services.

In the event of a dispute concerning the terms and conditions and the reality of the operation, AXA Epargne Entreprise will produce the said traces in order to prove the performance of the said operations. They may be produced on computer or paper. These elements may be used by AXA Epargne Entreprise in any legal or other proceedings and will of course be enforceable between the parties.

 

Article XII. Applicable Law - Competent Courts

The present general conditions are governed by French law.

Any dispute arising from the validity, interpretation or execution of the present contract will be under the exclusive jurisdiction of the competent courts within the jurisdiction of the Court of Appeal of PARIS.

 

Terms and conditions as of August 31, 2021.