GENERAL CONDITIONS OF THE MOLITOR PARTNERS
PLATFORM
Ref: Version 27/01/2021
LEGAL NOTICE
The www.molitor-partners.com site is edited by the company Molitor Partners SAS with a
capital of 2,000 euros, registered with the RCS of Nanterre under number 093 026 765, whose
head office is located at 45 Rue Gambetta 92100 Boulogne-Billancourt and represented by its
President Mr. Sébastien Masson.
Email address: themolitorteam@molitor-partners.com
The Director of the publication is: Sébastien Masson
The host of the site www.molitor-partners.com is the company Gandi SAS, whose head office
is located at 63-65 boulevard Masséna 75013 Paris, France, with the telephone number:
01.70.37.76.61.
Molitor Partners is a Service Provider which, through (i) on the one hand, the selection and
administration of a community of “high-end” business intermediaries (each of the “Council
Members”), in connection with one or more Potential Clients (as defined below) and; (ii) on
the other hand, the listing of investment service providers with recognized expertise (the
"Service Providers") and wishing to expand their customer base on the other hand, facilitates
the connection of these service providers with Potential Clients. .
Concretely, Molitor Partners offers, through the administration of an innovative digital
platform, managed in an integrated and dynamic way, introductory services allowing its
community of Council Members to introduce Potential Clients (as defined below ) to Service
Providers and to facilitate the organization of meetings with them. Molitor Partners is not
authorized to provide investment services or related services listed in Articles L.321-1 and
L.321-2 of the Monetary and Financial Code and only acts here as an intermediary for 'business
between Council Members acting as business contributors and Service Providers with
recognized expertise and referenced on its platform.
The present general conditions of use (known as "General Conditions") are intended to
provide a legal framework for the modalities of provision of the molitor-partners.com site and
services by Molitor Partners and to define the conditions of access and use of services by the
"User".
These General Conditions are accessible on the site under the heading "Terms and Conditions".
Any registration or use of the site implies the acceptance without any reservation or restriction
of these General Conditions by the User via the form made available to him, each user expressly
accepts these General Conditions by checking the box preceding the following text: "I have
read and accept the Terms and Conditions and the Privacy Policy”.
In the event of non-acceptance of the General Conditions stipulated in this contract, the User
must renounce access to the services offered by the site.
These General Conditions govern the relationship between Molitor Partners and the User.
1. DEFINITIONS
The term "Council Member" means a legal person, professional within the meaning of the
French Consumer Code, using the Molitor Partners Service to allow the introduction of
referenced Service Providers wishing to expand their customer base, to Potential Clients.
The term “Introductory Services Agreement” means the service agreement signed by each
Council Member in which are detailed the terms of introduction of Potential Clients, the rights
and obligations of Service Providers and Council Members, as well as the financial terms of
the connection made on the Site thanks to the Services of Molitor Partners.
The term "Expertise" designates any content published by Molitor Partners exclusively for
Council Members presenting the Service Provider, its company, its areas of expertise, the type
of clientele it seeks as well as any other public information on the Service Provider which does
not constitute not an act of promotion or marketing of a financial product. Its content is reserved
exclusively for professional or qualified investors as defined in articles D411-1 to D411-4 of
the French Monetary and Financial Code.
The term "Molitor Partners" or "MP" is a registered trademark and a trade name of Molitor
Partners, SAS with capital of € 2,000, registered under RCS N °: 093 026 765, whose head
office is located at 45 rue Gambetta 92100 Boulogne-Billancourt.
The term “Molitor Partners Documentation” means the descriptive documentation of the
Molitor Partners Service accessible on the site at this address: www.molitor-partners.com
The term “Potential Clients” means any legal person, professional within the meaning of
Directive 2014/65 / EU of May 15, 2014 (“MiFId 2 Directive”) or any other similar regulation,
in particular in Switzerland, and likely not to be qualified as "US person" within the meaning
of American regulations.
The term “Service Provider” means any management company authorized to deliver certain
services in certain authorized jurisdictions and which, in this context, wishes to develop its
customer base by using the Molitor Partners Service to present its Expertise to Council
Members.
The term "Service" designates all the functionalities offered by Molitor Partners on the Site and
described in article 3 of these General Conditions and consisting of the implementation of a
technical and digital platform for connecting its Users.
The term "Site" refers to the website located at www.molitor-partners.com
The term "User" refers to any user of the Site, registered or not, having accepted these General
Conditions and having access to the content of the Expertise published as well as, when
registered, premium access to the functionalities of the platform of Molitor Partners which are
reserved for registered Users only.
The term "User Account" means the account created by the User on the Site when subscribing
to the Molitor Partners Service.
2. ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS
Any use of the Site by a User is governed by these General Conditions.
Each User must also have been registered on the Site and have signed the Introductory Services
Agreement in order to benefit from all the functionalities of the Molitor Partners Services. In
the event of a conflict between these General Conditions and the Introductory Services
Agreement signed by a User, the provisions of the Introductory Services Agreement shall
prevail over these General Conditions.
The User undertakes, when accessing or registering on the Site, to comply with the General
Conditions and the Privacy Policy of Molitor Partners by checking the box "I have read and
accept the Terms and Conditions and the Privacy Policy”.
These General Conditions are accessible at the bottom of each page of the Site where they can
be consulted at any time.
Molitor Partners reserves the right to modify these General Conditions at any time in order in
particular to adapt them to the evolution of the Molitor Partners Services offered on the Site
and to comply with all legal, jurisprudential, editorial and/or technical developments. In the
event that the modification decided upon is substantial, before any new use of the Site, the User
registered or wishing to have access to the Site will be asked to expressly accept the new version
of the General Conditions.
The User is warned that in the event of a violation of these General Conditions, and in particular
in the event of use of the Site manifestly contrary to the laws and regulations in force in France
and abroad, the order public or morality, Molitor Partners reserves the right to terminate these
General Conditions and delete the User's account.
3. SERVICES OFFERED ON THE SITE
The Molitor Partners Service consists of the implementation of a technical and digital platform
for networking between professionals within the meaning of the French Consumer Code.
Concretely, Molitor Partners offers, through the administration of the Site, introductory services
allowing its community of Council Members to introduce Service Providers to Potential Clients
with whom they are in contact and for the Service Provider to facilitate and maximize
introductory meetings with these Potential Clients.
WARNING :
Molitor Partners acts within the framework of these General Conditions exclusively as
administrator of a technical platform hosting a European business network made up of
professional Council Members whose objective is to offer introductory services for
Service Providers by facilitating their introduction and maximizing their meetings with
Potential Clients.
The User or the Council Member thus expressly declares not to act as a consumer but
only in the context of his professional activity.
Molitor Partners is only an intermediary whose objective is through the Site to allow its
Users to facilitate their connection on an affinity basis. Molitor Partners is not authorized
to provide investment services or related services listed in Articles L.321-1 and L.321-2 of
the French Monetary and Financial Code. As such, Molitor Partners does not in any way
offer financial advice on investment matters or legal advice for the signing of investment
contracts. No Expertise published on the Site has been issued, offered or validated by
Molitor Partners. which has no a priori control over the content created or offered by its
Users, all professionals.
It is the responsibility of the User and the Council Member to verify and comply with all
the regulations applicable to him and the specific restrictions that may be applicable in
certain jurisdictions and concerning access to documents published on the Site.
Consequently, Molitor Partners does not guarantee the quality, conformity, return or
return on investments made on the basis of Expertise published on the Site.
4. CONDITIONS OF ACCESS TO THE MOLITOR PARTNERS SERVICE
4.1 The site www.molitor-partners.com allows the User, in particular through hypertext links,
free access to the publication of Expertise of Service Providers wishing to expand their
customer base.
Access to Expertise made available through a hypertext link is personal, exclusively reserved
for the User whose hypertext link has been sent to him by Molitor Partners and, more generally,
its access and its content are reserved exclusively for investors who are professional or qualified
investors, as defined in articles D411-1 to D411-4 of the French Monetary and Financial Code.
The User undertakes to comply with these provisions and in particular to comply with all the
legal and regulatory provisions applicable to him in his home jurisdiction, in particular with
regard to banking and financial marketing rules.
All costs incurred by the User to access the service (computer hardware, software, Internet
connection, etc.) are at their expense.
The User who is not a member does not have access to the reserved services. To do this, he
must register by filling out the form available on the Site.
4.2 Registration on the Site is free and is done only by invitation and / or membership request
studied and validated by Molitor Partners. All costs relating to the use of the Site, hardware,
software or Internet access costs, are the sole responsibility of the User. The latter is solely
responsible for the proper functioning of his computer equipment (mobile, tablet, computer) as
well as his access to the Internet.
4.3 Use and access to the Site are reserved for professionals, duly represented legal persons. In
order to be able to use all the Services, the User must first register by creating a profile on the
Site. In order to create his profile, the User must comply with the registration procedure and
accept beforehand and without reservation these General Conditions as well as the Privacy
Policy by checking the box provided for this purpose. The creation of a profile can only be
validated following this express acceptance by the User, who will acknowledge having read it
carefully. Creating a profile on the Site is free. Each profile is strictly personal and in particular
cannot be shared, transferred or rented to third parties. The User having validly registered
accesses the Services offered on the Site and his personal space available on his profile which
contains his personal information and password, which he can modify at any time.
4.4 These General Conditions are enforceable against the User as soon as he registers via the
Site, access to the Molitor Partners Service also being immediate. The User undertakes to
comply with them under penalty of suspension or termination of his registration.
4.5 As part of his registration, the User will choose an email address and an associated access
code, an access code that he undertakes to communicate, assign, rent or share to no one and for
which the User is responsible. of use and its confidential nature.
4.6 The User undertakes to provide accurate and precise information. Entering a valid and
accurate email address is essential for the provision of Molitor Partners Services. Molitor
Partners cannot be held responsible for the inability to confirm a registration for lack of email
address. The User undertakes to (i) not to usurp the identity of a third party, (ii) not to declare
himself under a false identity, (iii) to have only one active profile, any other account owned by
the same User who can be deleted by Molitor Partners. The User undertakes, in the event of a
subsequent change in his personal data, to modify his profile as well as any data provided as
part of his registration.
4.7 The provision of erroneous, incomplete information or the lack of updating of the
information provided is a cause for termination of the membership at the fault of the User. In
addition, Molitor Partners reserves the right to initiate all actions or prosecutions, including
criminal proceedings, to formulate any complaints or communications to the competent
authorities, against Users manifestly usurping the identity of third parties, voluntarily providing
false or illegal information or not respecting the Confidentiality Charter.
4.8 Molitor Partners cannot be held liable in the event of fraudulent use of the User's account
due to the latter's negligence in the conservation and protection of his login details. The User
undertakes to report to Molitor Partners, as soon as he becomes aware of it and as quickly as
possible, any fraudulent, abusive or unauthorized use of his account by sending an e-mail to the
following address: themolitorteam@molitor-partners.com
5. DELETION OF ACCOUNT AND CONTENT
5.1 Each User can delete their account at any time by sending an email to the following address:
themolitorteam@molitor-partners.com
5.2 Molitor Partners reserves the right to delete the User's account in the event that the latter
has not complied with the General Conditions. Molitor Partners will inform the User
beforehand, who will have 7 days to present their observations to Molitor Partners, unless the
breach is of such seriousness as to justify the immediate deletion of the account of the User
concerned.
5.3 The deletion of the User's account will prevent the latter from accessing all the Services of
Molitor Partners.
5.4 Molitor Partners undertakes to destroy all personal data relating to the User whose account
has been deleted within seven (7) days.
5.5 Molitor Partners will remove, without delay or formality, any content published on the Site
which violates these General Conditions or violates the law in force in France.
6. DURATION OF SUBSCRIPTION TO THE MOLITOR PARTNERS SERVICE
6.1 Registration is granted to Users for an indefinite period. It can be terminated by either party
as indicated below.
6.2 With regard to the User, the termination is effected by the closure of the User Account by
the User on the Site.
6.3 With regard to Molitor Partners, the termination will be notified to the User by sending an
email.
6.4 Without prejudice to the other provisions of these General Conditions, Molitor Partners may
suspend the Molitor Partners Service, or terminate this contract at any time if: (i) the User does
not comply with one of the clauses of this contract; (ii) Molitor Partners is informed that the
Molitor Partners Service is being used for illicit purposes.
7. INTELLECTUAL PROPERTY
Molitor Partners is the exclusive holder of the intellectual property rights on all visual elements
(texts, images, user interface, graphic charter), sound, software and databases making up the
Site, and does not grant any license or any other right. than that of using the Services of Molitor
Partners on the Site in accordance with these General Conditions. This right of use is granted
only for the duration of use of the Molitor Partners Services by a registered User.
The reproduction, representation and / or modification of any element of the Site exceeding the
functionality of the Services as described in these General Conditions is strictly prohibited.
Any use by the User of the corporate names, brands and distinctive signs belonging to Molitor
Partners is strictly prohibited except in the event of its express prior consent. Where applicable,
the request for authorization should be sent to the following address: themolitorteam@molitor-
partners.com. Molitor Partners reserves the right to take legal action against any act of
counterfeiting, unfair competition or parasitism committed against it and more generally any
act infringing its rights.
8. INTRODUCTION OF POTENTIAL CLIENTS
Molitor Partners’ Services are limited to facilitating the networking between professionals, all
qualified investors whether they are Service Providers, Council Members or Potential Clients.
The introduction of a Potential Client with a Service Provider, whatever the form, is established
directly by the User and/or the Council Member without the intervention or assistance of
Molitor Partners. The conditions for establishing a contact with Potential Clients are therefore
the sole responsibility of the User of the Site, who undertakes to comply with all the regulations
applicable to him and in particular the rules concerning banking and commercial marketing.
The User understands and expressly acknowledges that the Molitor Partners Service is limited
to leading a community of business contributors and to maximizing the scheduling of
appointments with Service Providers on various Expertise previously referenced by Molitor
Partners on the Site. In any case, Potential Clients cannot be qualified as customers of Molitor
Partners and therefore the responsibility of Molitor Partners cannot be engaged on the
introduction of a Potential Customer to a Service Provider and, in particular, on the opportunity
or ability for a Potential Customer (i) to benefit from the services offered by a Service Provider
and / or (ii) for the subscription in an Expertise, a product or any other service offered by a
Service Provider.
The financial conditions for establishing contact with Potential Clients with each Service
Provider as well as the sharing of commissions with the Council Member will be formalized
through the signing of the Introductory Services Agreement.
Molitor Partners does not offer financial investment advice or legal advice under any
circumstances.
9. USERS 'COMMITMENTS
9.1 The User acknowledges having read the provisions contained in Articles L. 341-1 et seq.
Of the Monetary and Financial Code relating to banking or financial canvassing as well as,
where applicable, any similar French or foreign regulations to which it could be subject. He
also undertakes to verify that his intervention as a business provider vis-à-vis the Potential
Client can in no way be assimilated to an act of bank or financial canvassing within the meaning
of the provisions referred to above or marketing of financial products.
9.2 The User declares to know and comply with all regulations to which he is subject for the
purposes of these General Conditions and in particular any European or French regulations
applying to him and concerning the provision of investment services, the protection of
individuals to with regard to the processing of personal data, the free movement of such data,
the fight against money laundering and the financing of terrorist activities, this list not being
exhaustive.
9.3 The User finally agrees to guarantee and indemnify Molitor Partners for direct damage and
other consequences that could result from the liability of the latter due to a User breach of these
General Conditions.
9. LEGAL LIMITATIONS
As a technical platform, Molitor Partners offers to put Service Providers in touch with Council
Members acting as business introducers so that they can discuss and introduce Potential Clients.
Molitor Partners does not intervene in establishing the business relationship between Service
Providers and Potential Clients introduced by the Council Members.
It is recalled that Molitor Partners does not offer on and off the Site, financial, real estate or
legal advice and only acts as an intermediary for establishing contact, thanks to an affinity
algorithm. Molitor Partners does not exercise control over the Expertise published by the
Service Providers, Potential Clients as relayed on the Site, and Users are solely responsible for
the analysis and audit of each content published. on the site. Molitor Partners is not a party to
transactions that may take place between Users, whether professional or non-professional.
Thus, Molitor Partners can in no way be held responsible for the use made by a User of the
content (and in particular of the Expertise) which are transmitted to him in a personal capacity.
Molitor Partners cannot also be held responsible, in any way whatsoever, in the event of theft,
damage or damage, accidental or intentional, caused to property or persons, that a User has
suffered as a result of the behavior of another User with whom he has come into contact through
the Site.
Molitor Partners implements all measures to ensure the User the provision, under optimal
conditions, of quality Services. However, it cannot under any circumstances be held liable for
any non-performance or improper performance of all or part of the services provided for in the
General Conditions, which would be attributable either to the User or to a third party. Molitor
Partners cannot be held responsible for the non-performance of its obligations due to a case of
force majeure as defined by article 1218 of the French Civil Code or for causes beyond its
control.
The Site may contain links to other sites not published or controlled by Molitor Partners, which
cannot be held responsible for the operation, content or any element present or obtained on or
through these third-party sites.
10. TECHNICAL LIMITATIONS
The Site is accessible 24/7 to any User, subject to cases of force majeure and maintenance
periods chosen at the discretion of Molitor Partners.
If a technical problem were to make access to the Site impossible, Molitor Partners undertakes
to use all reasonable means at its disposal to find and apply technical solutions so that access to
the Site is restored.
The User is solely responsible for the proper functioning of the computer equipment which
allows him access to the Site. Molitor Partners cannot be held responsible for any difficulties
the User has in accessing the Site related to the User's computer equipment or his network
connection.
The costs generated by the use of the Site (such as, for example, IT equipment: mobile phone,
tablet, computer) are the sole responsibility of the User.
11. INDEPENDENCE OF CLAUSES
The fact for one of the clauses of these General Conditions to be deemed null or deemed
unwritten will have no effect on the other clauses, unless it is an essential clause of these
General Conditions or if the clause is interdependent of another contractual stipulation.
12. DISPUTE RESOLUTION
In the event of a dispute relating to the interpretation or execution of these General Conditions,
Molitor Partners and the User will seek an amicable agreement, and will provide each other
with the necessary information for this purpose. The User can submit a complaint to Molitor
Partners at the following address: themolitorteam@molitor-partners.com
13. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by French law.
Any dispute relating to the formation, interpretation and execution of these General Conditions
which has not been resolved amicably within the framework of Article 13.2, falls within the
jurisdiction of the French courts.
14. AGREEMENT ON PROOF
Entering the access code associated with the User's username or email address on the Molitor
Partners platform constitutes proof of the User's identity and authenticates them on the Molitor
Service platform. Partners which are logged automatically by the constituent equipment of said
platform and stored in conditions such as to guarantee its integrity. By express agreement, the
newspapers thus produced will constitute proof of the actions of Users on the Molitor Partners
Service platform, including the actions of Service Providers and Council Members.
