General Terms and Conditions
Preamble
The following general terms and conditions govern all relations between the Site www.daphni.com published by daphni SAS, management company (hereinafter referred to as daphni), for daphni funds (daphni Puprple, daphni Yellow), Professional capital investment fund (Fonds Professionnel de Capital Investissement or FPCI in French), (hereinafter referred to as daphni Funds) founded and supervised by daphni employees (hereinafter referred to as the daphni team), whose identities and contact details are specified under the heading “legal notice”, and the Internet user.
Any Internet user who browses the www.daphni.com website is deemed to have read these terms and conditions.
The General Terms and Conditions (hereinafter referred to as “the General Terms” or “GT&C”) are intended to constitute the rules to be respected by any Internet user browsing the www.daphni.com website.
The use of the Website implies full agreement by the user to the GT&C, which are valid regardless of the technical means used to access it (computer networks, telecommunications, etc.), or the type of reception terminal (computer, smartphone, or any connected device).
The daphni team may amend these GT&C at any time. The conditions applicable to the User shall be the ones that are in effect on the day he/she uses the Website. The Users will be informed of any modifications to the GT&C when they are published online. Any new version is deemed to be agreed to as soon as the User starts using the Website’s features. Additionally, the daphni team suggests the Users regularly read the GT&C.
1. Definitions
The words defined below will have the following meaning among the Parties:
- “Applicant”: a person who submits an application on the Website requesting an equity investment by daphni in their company.
- “Internet”: network of networks used for the exchange of information based on a protocol called TCP/IP. The data is routed through networks of different nature that are able to read the messages according to this technical standard. Each element of this network belongs to private or public organizations that operate them in cooperation, without necessarily implying a shared standard of quality;
- “Internet user”: any person accessing and using this Website’s features;
- Parties: in the singular, refers to any of the following: daphni as the website publisher and management company, the daphni team, daphni as an investment fund, or the Internet user. In the plural, it refers to daphni, the daphni teams, and the Internet user together;
- “Regulations regarding the protection of personal data”:
o the French law on data processing, files and freedoms (la loi relative à l’informatique, aux fichiers et aux libertés) n° 78-17 of January 6, 1978 as amended, and its updates or amendments; and
o Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation);
- Website : website published by daphni, accessible at the following url: www.daphni.com
2. Purpose and description
The purpose of these terms and conditions is to set the terms and conditions of use of the Website and all its pages.
This Website is a way for young innovative companies (or “startups”) to learn about the daphni fund: team, purpose, investment axes, and portfolio.
An apply section will be available on the Website. Startups will be able to use it to submit their project and contact details (name, surname, project name, description, email address). Their project will be considered by the daphni team for equity investment through the daphni fund.
As this is not a purchasing platform, there are no general terms of sale, nor any mention of the security of payment methods.
3. Access to the Website
3.1 General access
Access to the Website is free. It is in theory accessible 24 hours a day, 7 days a week.
daphni does its best to provide quality access to the Website so Internet users can use the communication tools made available in the best conditions possible.
Considering the nature and complexity of the Internet network, especially as it relates to the technical performances and response times to visit, request, or transfer information data, daphni will try, to the extent possible, to allow access to the Website. daphni cannot ensure access or availability of the Website.
However, daphni has the right, without previous notice or compensation, to shut down the Website temporarily or permanently, for purposes including, but not limited to, performance updates, maintenance, modifications or changes in operational methods and servers.
daphni cannot be held liable for damages of any kind that may result from such changes or from the temporary unavailability or permanent shut-down of all or part of the Website or its associated services.
daphni has the right to add content or modify the Website and the services available on it at any time, according to the evolution of technologies.
It is the Internet user’s responsibility to monitor the evolution of computer and transmission technology so that these means can adapt to the evolution of the Website.
3.2 Apply request
3.2.1 Application forms (www.apply.daphni.com)
The contact request on the Website consists of submitting his/her contact information: last name, first name, project name, description and email.
The Applicant commits to sharing accurate information, especially when creating his/her account on the daphni apply form.
In the event of non-compliance with the Terms and Conditions of the Website, the daphni team has the right to delete, automatically and without compensation, the Applicant’s application without any advance notice period, after sending an e-mail or a registered letter, if it has remained without effect for over 30 days.
If the Applicant is responsible for misconduct and/or obvious and significant fraud, daphni team may delete his/her account, without notice, procedure, or compensation.
3.2.3 Selection criteria
By submitting an application on the daphni Website, the Applicant authorizes daphni to share the application and the information pertaining to it, within its teams and within its network.
It is specified that submitting an application on the daphni Website does not guarantee the Applicant will be selected, even if the he/she meets the abovementioned criteria. Successful Applicants will be contacted by the daphni team to organize a meeting with the people in charge of the project or company. An Application will only be finalized when the selection procedures set forth in daphni’s policies have been completed.
Unless otherwise specified by daphni team in written format, an Application on the daphni Website does not create a contractual relationship between the Applicant and daphni. If the Applicant is selected by daphni, the terms and conditions for the investment will be specified in an agreement. daphni team may not be held liable by the Applicant if his/her application is not selected.
4. Hyperlinks
daphni has the right to include hyperlinks on its Website, to grant access to web pages outside its Website, over which daphni has no control.
daphni declines any responsibility regarding access to these websites, their operation, their use of the Users’ personal data, and the information provided on these websites connected to the activation of the hyperlinks.
The User who has a personal website and on which he wishes to include, for personal purposes, a simple link referring directly to the home page of the Website, must obtain a written authorization from daphni to include such link, since it is a new communication to the public likely to infringe the copyright of daphni.
Under no circumstances will this authorization be considered an implicit affiliation agreement.
5. Personal data
In compliance with the General Data Protection Regulation, the Internet user is aware that daphni, as a processing manager, processes personal data.
To learn more about the processing of personal data and the extent of their rights, Internet users should consult the External policy for data protection, accessible at the following address: www.daphni.com/legal/
6. Cookies
In order to let Internet users take advantage of the services offered by the Website, such as browsing, optimized use or customized content, the Website uses Cookies. To find out about our Cookies policy, Internet users are invited to click on the following link www.daphni.com/legal/
6. daphni’s liability
7.1 General liability
daphni shall not be held liable for:
- the quality of the Website, the Website being offered “as is”;
- any disruption in the use of the Website;
- the impossibility to use the Website;
- computer security breaches, which may cause damage to the Internet user’ computer equipment and data;
- infringement of the Internet users’ rights in general.
7.2 Liability with regards to the Website’s content
daphni shall not be held liable for direct or indirect damage that may result from browsing or using the Website or the information it contains, regardless of its nature.
daphni makes every effort to ensure the information on its Website is accurate. All information made available to individuals browsing the Website has been selected as of a particular date.
The information on the Website reflects an opinion at the time of writing and not at the time the Website was browsed. It may need to be updated, and the update may not have occurred at the time of browsing for technical or other reasons.
daphni may not be held liable for any errors or omissions. Any update, new service, or new feature that enhances or expands one or more of the existing contents will fall under the scope of the GT&C.
daphni shall not be responsible for the appropriateness of decisions made and the manner in which they are carried out by Internet users based solely on information posted on the Website.
7. daphni’s liability
7.1 General liability
daphni shall not be held liable for:
- the quality of the Website, the Website being offered “as is”;
- any disruption in the use of the Website;
- the impossibility to use the Website;
- computer security breaches, which may cause damage to the Internet user’ computer equipment and data;
- infringement of the Internet users’ rights in general.
7.2 Liability with regards to the Website’s content
daphni shall not be held liable for direct or indirect damage that may result from browsing or using the Website or the information it contains, regardless of its nature.
daphni makes every effort to ensure the information on its Website is accurate. All information made available to individuals browsing the Website has been selected as of a particular date.
The information on the Website reflects an opinion at the time of writing and not at the time the Website was browsed. It may need to be updated, and the update may not have occurred at the time of browsing for technical or other reasons.
daphni may not be held liable for any errors or omissions. Any update, new service, or new feature that enhances or expands one or more of the existing contents will fall under the scope of the GT&C.
daphni shall not be responsible for the appropriateness of decisions made and the manner in which they are carried out by Internet users based solely on information posted on the Website.
8. Duties of the Internet user
The Internet user commits to only using the Website, and all the information to which he/she may have access, to obtain information and for a purpose that complies with public order, good morals, and the rights of third parties.
Thus, it is forbidden to publish, or share via the Website, any illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise offensive content. If daphni is informed of the presence of illegal content on the Website, daphni is entitled to immediately removing said content.
The User also agrees not to disrupt the use of the Website for other users and not to access parts of the Website that are not open to the public.
9. Intellectual property
The Website’s content, its general structure along with its software, texts, animated or unanimated images, photographs, its know-how and any other element that makes up the Website are the exclusive property of daphni or third parties who hold a license.
The GT&C do not imply any transfer of any kind of intellectual property to the consumer regarding the elements that belong to daphni nor the elements pertaining to the partners or third parties who have granted the company a license, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos.
The Internet user is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Website, or the computer codes of the elements making up the Website.
Any copy and/or reproduction, whether in whole or in part, of any of these rights, without daphni’s express written consent, is strictly forbidden and would constitute counterfeit likely to trigger the civil or criminal responsibility of the author.
Consequently, the Internet user refrains from any action likely to directly or indirectly violate daphni’s intellectual property.
The same applies to any database appearing on the Website, which are protected by the articles of the French Intellectual Property Code. Any extraction or re-use, whether in-whole or in part of the aforementioned databases and their contents, unless specifically authorized by daphni.
The distinctive features of daphni and its partners, such as domain names, trademarks, names, and logos displayed on the Website are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive features, as defined in the French Intellectual Property Code, carried out without express authorization from daphni is thus prohibited.
This Website can only be used in a way that is consistent with its purpose.
Any use that falls out of this specific use, and that has not been authorized by daphni in writing, is prohibited and constitutes counterfeit.
10. Invalidity
If one or more provision from these GT&C are held to be invalid or declared as such in compliance with the law, a regulation, or following an applicable court decision, the other provision will remain applicable.
11. Applicable law
These GT&C are governed by French law.
This is the case for substantive and formal rules, notwithstanding the location of performance of the substantive or accessory obligations.
12. Jurisdiction
In the event of a dispute arising from the interpretation or execution of the GT&C, the competent jurisdiction shall be determined in accordance with the provisions of the general law.