General conditions of subscription and use of Sinopole

ARTICLE 1 – SCOPE OF APPLICATION

MONTSALVY CONSULTING (hereinafter “SINOPOLE”) is a simplified joint stock company with capital of 10,000 euros, entered in the Trade & Companies Register of Paris under n° 800 889 255, having its registered office at 91 Rue du Faubourg Saint-Honoré, 75008 Paris.

The company specializes in consultancy and business management, and particularly in the provision of tools and methods which are intended to permit an understating of the political and economic operation of China.

To this end, it publishes a website which is accessible at the URL address https://sinopole.net/.

The Client (hereinafter “the Client”) is a professional or a private individual who wishes to avail themselves of the services provided by SINOPOLE.

The present General Conditions of Subscription and Use (hereinafter the “General Conditions of Subscription and Use”) shall apply between SINOPOLE and any Client who wishes to avail themselves of Services.

The Client hereby declares that they have familiarized themselves with the present General Conditions of Subscription and Use, prior to any conclusion of a Subscription.

Any conclusion of a Subscription shall imply the unrestricted and unreserved acceptance of the present General Conditions of Subscription and Use.

The present General Conditions of Subscription and Use shall take precedence over any other version, or over any other contradictory documents and conditions.

Any new version of the General Conditions of Subscription and Use shall replace the previous version, and shall be enforceable vis-à-vis the Client with respect to any new Subscription concluded with SINOPOLE.

ARTICLE 2 – DEFINITIONS

In the interests of the effective understanding of the present document, the following terms commencing with a capital letter, whether in the singular or the plural, shall have the meaning specified hereinafter:

“Subscription” shall signify the availment by the Client of Services provided by SINOPOLE on the Website for a specific period, subject to the settlement of a flat-rate Price.

SINOPOLE provides Subscriptions of two types:

A Subscription to the RED RIVER bimonthly Newsletter;
A Subscription to the RED OCEAN Database, including a Subscription to the RED DIVER [sic] Newsletter. Subscription to the RED RIVER bimonthly Newsletter which is included in the Subscription to the RED OCEAN Database shall be of equal duration to that of the RED OCEAN Subscription which is concluded by the Client.
“Database” shall signify the RED OCEAN database made available by SINOPOLE to a subscribed Client.
“Client” shall signify any natural or legal person subscribing to the Services provided by SINOPOLE within the meaning of the present General Conditions of Subscription and Use.
“General Conditions of Subscription and Use” shall signify the present General Conditions of Subscription and Use, which shall govern contractual relations between SINOPOLE and the Client in the context of Subscriptions concluded.
“Contract” shall signify the subscription Contract between SINOPOLE and the Client in the context of the use of Services provided on the Website.
“Client Space” shall signify the personal space of the Client on the Website, which shall permit the conclusion of a Subscription and access to the RED OCEAN Database.
“Live Demo” shall signify the presentation of the Database to the Client by SINOPOLE, in advance of the conclusion of a Subscription.
“Newsletter” shall signify the bimonthly electronic information bulletin RED RIVER delivered by SINOPOLE to the Client.
“Parties” shall signify the parties to the contract, namely, SINOPOLE and the Client, each of whom shall be designated individually as a “Party”.
“Services” shall signify the Subscription services provided by SINOPOLE to the Client.
“Price” shall signify the tariff paid by the Client in the context of the conclusion of a Subscription with SINOPOLE.
“SINOPOLE” shall signify the company MONTSALVY CONSULTING, as indicated at the head of the present General Conditions of Subscription and Use, publishers of the Website.
“Website” shall signify the Internet site published by SINOPOLE, accessible at the URL address https://sinopole.net/, via which the Client shall have the option of subscribing to Services.

ARTICLE 3 – CONDITIONS OF SUBSCRIPTION AND CREATION OF A CLIENT SPACE

Subscriptions shall be accessible to legal persons in the context of their professional activity, and to natural persons of the minimum statutory age for the conclusion of a contract in their country of residence.

Any conclusion of a Subscription shall require the creation of a client Space on the Website which is accessible at the URL address https://sinopole.net/.

In order to create their Space, the Client shall enter their E-mail address, and shall choose a password which is compliant with the security criteria dictated by the system, as indicated on-screen.

The Client shall then complete the fields relating to their identity, and to that of the company which they represent, where applicable, in order to permit their identification.

Having created their Space, the Client will be able to log-on using their identification details, namely, their E-mail address and the password selected at the time of creation of the client Space.

In the event of a forgotten password, the Client will be able to recover this password by clicking-on the link provided for this purpose on the Website, and following the instructions displayed on-screen.

Identification data for the client Space and Subscriptions are strictly personal, and shall be neither sold nor transferred.

A Subscription shall be valid for a single person only.

Group and corporate Subscriptions shall be the subject of a specific quotation.

ARTICLE 4 – SUBSCRIPTION TO THE NEWSLETTER

4.1. – Registration for the Newsletter

To register for the bimonthly Newsletter, the Client will be required to open the dedicated page for this Service on the Website.

At this stage they will be invited to:

Enter their E-mail address;
Check the box: “I accept the confidentiality policy of Sinopole”;
Click on: “Subscribe free of charge”.

The Newsletter will then be available free of charge for thirty (30) days, by way of two (2) issues.

The Client will then receive an E-mail confirming their free registration for the Newsletter, and will receive the first Newsletter within twenty-four (24) hours at the latest.

Once the term of thirty (30) days has expired, the Client will be invited to register for a paying Subscription.

4.2. – Paying Subscription for Newsletter

Once the trial period of thirty (30) days has expired, the Client will have the option to register for the paying version of the Newsletter.

Two payment options are available for the Subscription:

Monthly, by direct debit from a bank card (using STRIPE)
A one-off payment in advance, for a Subscription of six (6) months or one (1) year.

Payments shall be completed by bank transfer on a bank card (using the secure Sherlock solution), via the STRIPE payment platform.

4.3. – Reception of Newsletter

Reception of the Newsletter shall be embodied by the submission to the Client of an information bulletin in html format by E-mail to the E-mail address of the subscriber, together with a downloadable PDF version.

4.4. – Term of Subscription to the Newsletter – Renewal

Subscriptions shall be concluded for a term of six (6) months or one (1) year, subject to renewal.

The starting date of the Newsletter Subscription shall be the date of registration for the free version.

SINOPOLE shall undertake to contact the Client some weeks in advance of the anniversary date of the subscription Contract, in order to notify the latter of the forthcoming expiry of their Subscription, and to establish whether or not they wish to renew.

Should the Client wish to renew their Subscription, the Client shall be able to complete the renewal thereof on the Website.

If the Client does not wish to extend their Subscription, the submission of Newsletters will cease.

ARTICLE 5 – SUBSCRIPTION TO THE RED OCEAN DATABASE

5.1. – Customized preliminary demonstration

Prior to any registration for a Database Subscription, the Client shall have the option to access a Live Demo, in order to confirm the compliance of the Service provided by SINOPOLE with their requirements.

To this end, the Client shall complete the Live Demo application form, which is accessible on the home page of the Website.

They will then be contacted by SINOPOLE, for the purposes of the organization of said Live Demo.

5.2. – Choice of subscription package and payment

Registration for the Database Subscription must be completed via the client Space.

The Client will be requested to:

Click on the “Pricing” tab;
Select one of the Subscription packages available;
Click-on the “Basket” and follow the instructions displayed on-screen.

The Client will be requested to settle the Subscription Price on a one-off basis.

Payments shall be completed by bank transfer on a bank card (using the secure Sherlock solution), via the STRIPE payment platform.

5.3. – Access to the Database

Once the Subscription payment has been validated, the RED OCEAN Database will be active within twenty-four (24) hours.

In order to access this Database, the Client must be connected to their client Space.

The Database will thus provide the Client with access to political and industrial information concerning the People’s Republic of China.

5.4. – Reception of Newsletter included in the Subscription

The RED OCEAN Subscription shall include receipt of the bimonthly RED RIVER Newsletter, for such time as the RED OCEAN Subscription is active.

5.5. – Term of Subscription – Renewal

Subscriptions shall be concluded for a term of six (6) months or one (1) with effect from the date of access thereto, subject to renewal.

In the event that the Client wishes to renew their Subscription, the Parties shall consult in order to determine the conditions to be applied thereto.

If the Client does not wish to extend their Subscription, access to the Database shall be disabled upon the expiry of the term of the Subscription, and the submission of Newsletters will cease.

ARTICLE 6 – PRICES

The Price of Subscriptions shall be expressed in euros (€), net of taxes (ex-tax) and inclusive of taxes (incl. taxes), at the applicable rate of VAT in force.

Applicable taxes may vary, according to the territory concerned.

It may occur that SINOPOLE is not able to notify the Client in advance of any adjustments to applicable taxes. Where applicable, this information will be notified to the Client at the earliest opportunity.

Prices of Subscriptions shall be fixed, and shall not be subject to adjustment during their term of validity.

However, SINOPOLE shall reserve the right, outside any term of validity, to adjust the Price of Subscriptions at any time.

The Price settled shall be the price net of any promotional allowances, rebates or discounts. However, promotional allowances, rebates or discounts shall not be applied retroactively.

ARTICLE 7 – TERMS OF SETTLEMENT – INVOICING

Payments shall be completed by bank transfer on a bank card (using the secure Sherlock solution), via the STRIPE payment platform.

Payments completed by the Client shall only be classified as definitive upon the effective collection by SINOPOLE of sums due.

An invoice shall be raised by SINOPOLE and issued to the Client with respect to any settlement to be completed in the context of registration for Subscriptions.

SINOPOLE hereby observes that any absence of consultation of the Newsletter or of the RED OCEAN Database by the Client shall not confer any entitlement to a refund.

ARTICLE 8 – DELAY PENALTIES

In the event of arrears in settlement for the Newsletter Subscription, SINOPOLE shall reserve the right to suspend or terminate the submission of said Newsletter to the Client by way of a sanction, with no prior warning, and with no resulting prejudice to, or entitlement to compensation in favour of the Client.

Moreover, in the event of arrears in settlement which exceed the due dates indicated on the invoice or on any schedule of payments notified to the Client, delay penalties calculated on the basis of the rate of interest applied by the European Central Bank (ECB) to its most recent refinancing operation, increased by ten (10) percentage points, shall apply automatically and outright in favour of SINOPOLE, with no formality and no prior warning, together with flat-rate compensation to the amount of 40 euros by way of recovery costs, in accordance with Article L.441-10 of the Commercial Code.

ARTICLE 9 – ABSENCE OF RIGHT OF WITHDRAWAL

The Client, as a consumer, is hereby notified that the Services provided by SINOPOLE on the Website shall not be subject to a right of withdrawal under the provisions of the Consumer Code.

In practice, a right of withdrawal shall not be applicable to contracts for the provision of digital content with no physical medium, the execution of which has commenced prior to the expiry of the withdrawal period, where the consumer is subject to an obligation of settlement under the terms of the contract.

ARTICLE 10 – OBLIGATIONS OF THE CLIENT

The Client hereby guarantees the accuracy of information entered at the time of registration on the Website.

The Client undertakes to alert SINOPOLE, at the earliest opportunity, in the event of any change in personal information which is liable to concern SINOPOLE.

The Client hereby undertakes not to disclose, whether deliberately or otherwise, its access to the Database.

The Client hereby undertakes not to sell any information to which it may have access through the offices of SINOPOLE.

The Client further undertakes not to execute any bulk downloading of information and data contained in the RED OCEAN Database.

ARTICLE 11 – OBLIGATION OF SINOPOLE

SINOPOLE hereby guarantees the accuracy of information disclosed to its Clients.

It undertakes to submit the Newsletter at regular intervals.

In the event of any delay, SINOPOLE undertakes to alert the Client at the earliest opportunity, and to indicate the foreseeable duration of the delay concerned.

SINOPOLE hereby undertakes to maintain a facility for constant access to an operational and functional Database.

SINOPOLE undertakes to employ its best endeavours to ensure the availability of the Database at all times, independently of scheduled maintenance operations.

SINOPOLE hereby undertakes to alert the Client at the earliest opportunity, in the event of any temporary unavailability of the Database associated with maintenance and updating operations.

ARTICLE 12 – LIABILITY

SINOPOLE shall not accept liability, and shall not be held responsible for any consequential losses associated with the use of Services, including commercial prejudice, loss of turnover or loss of profits, loss of clientele or loss of opportunity, loss of data, reputational damage, or action brought against the Client.

SINOPOLE shall not be held liable in the event of any use of Services by the Client which shall be contrary to the Law which is applicable thereto in their country of origin.

ARTICLE 13 – INTELLECTUAL PROPERTY

All elements reproduced or employed on the Website or in the Newsletter shall be protected by laws in force with respect to intellectual property.

The RED OCEAN Database shall, moreover, be protected by sui generis law with respect to databases.

The Client shall enjoy a personal, non-exclusive and non-transferable right of use with respect to the RED OCEAN Database, which shall be limited to the duration and the number of users defined by the Parties under the terms of the Subscription Contract.

This right of use shall not confer in favour of the Client any right of extraction or reproduction of the Database, whether in whole or in part, in any form whatsoever and for any purpose whatsoever, either on behalf of the Client or on behalf of a third party.

Accordingly, the Contract shall not confer in favour of the Client any transfer of intellectual property rights, which shall remain under the full and unreserved ownership of SINOPOLE.

Any extraction, reproduction, representation, use or adaptation, in any form whatsoever, of all or part of any elements which are protected by intellectual property laws in force without the prior and written agreement of SINOPOLE shall be strictly prohibited, or shall otherwise entail the enforcement of the civil and criminal liability of the Client who shall be in breach thereof.

ARTICLE 14 – TERMINATION

In the event of any breach on the part of the Client, specifically failure to observe rules governing the use of the Website or the Database, or the disclosure of information, SINOPOLE shall reserve the right to terminate the Subscription of the Client by way of a sanction, further to the submission of prior notice thereto to this effect.

With effect from the termination of the Subscription, on whatever grounds, SINOPOLE shall proceed with the closure of the client Space and the withdrawal of access to the Database.

ARTICLE 15 – PROTECTION OF PERSONAL DATA

In the context of its operations, SINOPOLE undertakes the processing of personal data.

To this end, SINOPOLE hereby undertakes to observe applicable regulations in force with respect to the protection of personal data, particularly (EU) Regulation n° 2016/679 of 27^th April 2016 on the protection of personal data and Law n° 78-17 of 6^th January 1978, described as the “Law on Data Processing and Civil Liberties”, in its amended version in force.

SINOPOLE hereby undertakes to restrict the collection of data on Clients to such information as shall be appropriate, relevant and strictly necessary to the execution of the purposes described hereinafter.

Personal data which are disclosed to SINOPOLE by the Client shall be subject to processing, and may be employed by SINOPOLE and its partners for the purposes of processing, payments and the management of Subscriptions.

Personal data shall be conserved for such time as is necessary to the fulfilment of the objectives pursued. Under no circumstances shall these data be disclosed to unauthorized persons or sold to third parties.

Any Client who is able to provide evidence of their identity shall be entitled to exercise a right of access, retrieval, restriction, modification, correction, portability, anonymity and/or deletion with respect to all data pertaining thereto.

The Client shall also enjoy a right of objection to the processing of personal data, and a right of objection to any employment of these data for the purposes of commercial canvassing.

To this end, the Client shall be entitled to register, free of charge, on the BLOCTEL list of objection to telephone canvassing, in order to prevent any further telephone canvassing thereof by a professional with whom they have no current contractual relations in force. Any consumer shall be entitled to register on this list, at the following address://www.bloctel.gouv.fr/.

In order to exercise the above-mentioned rights, the Client shall submit a postal application to SINOPOLE, at the company MONTSALVY CONSULTING, 91 Rue Du Faubourg Saint-Honoré, 75008 Paris, or using the contact form at https://sinopole.net/fr/contact/.

The security and confidentiality of personal data shall be guaranteed by SINOPOLE, who shall undertake to notify any breach of personal data rights to the CNIL (French national council for data processing and civil liberties) and to the persons concerned, in the event of a high risk to their entitlements and liberties.

The Client shall be entitled to file a complaint with the CNIL, in the event of a breach of any of their entitlements.

ARTICLE 16 – FORCE MAJEURE

SINOPOLE shall not be held liable in the event that the non-execution or a delay in the execution of any of its obligations, as described in the present General Conditions of Subscription and Use, proceeds from an instance of force majeure within the meaning of Article 1218 of the Civil Code.

In such a case, SINOPOLE shall notify the Client forthwith of the impossibility of the provision of its service, and shall deliver supporting evidence to the latter to this effect.

The execution of an obligation shall be suspended for the full duration of force majeure, provided that the latter is temporary, and shall not exceed a term of two (2) months.

The suspension of obligations shall not, under any circumstances, constitute grounds for the enforcement of liability for the non-execution of the obligation in question, and shall not give rise to the settlement of compensation or delay penalties.

Immediately the grounds for suspension are no longer in force, the Parties shall employ their best endeavours for the resumption of the normal execution of their contractual obligations at the earliest opportunity.

If the impediment concerned is definitive, or exceeds a term of two (2) months, the subscription Contract between the Parties shall be terminated outright, with no resulting entitlement to compensation on the part of either of the latter, excepting any agreement between the Parties of terms for the continuation of their relations.

ARTICLE 17 – TOLERANCE

Any absence on the part of SINOPOLE of the enforcement of an entitlement resulting from the present General Conditions of Subscription and Use shall not be interpreted as a waiver of said entitlement on their part, or of any action in respect thereof.

ARTICLE 18 – PARTIAL INVALIDITY

In the event that one or more provisions of the present General Conditions of Subscription and Use are classified as invalid, or are declared as such under the terms of a law or a judicial ruling having the authority of res judicata, this invalidity shall not entail the invalidity of the remaining provisions, which shall remain in force.

In the event of the cancellation of one of the provisions of the present General Conditions of Subscriptions and Use, the Parties shall endeavour to negotiate an economically equivalent clause.

ARTICLE 19 – APPLICABLE LAW

The present General Conditions of Subscription and Use shall be governed by French Law.

They shall be drafted in the French language.

In the event of the translation thereof into one or more foreign languages, only the French text shall be classified as the authentic version, in the event of a dispute.

If national legislation is more favourable to the Client than French law, said more favourable law will prevail in the event of a dispute.

ARTICLE 20 – SETTLEMENT OF DISPUTES

In the event of any dispute pertaining to the validity, interpretation, execution or non-execution of the present General Conditions of Subscription and Use, the Parties shall endeavour to achieve an amicable solution thereto.

Any petition shall be submitted to SINOPOLE by registered letter with acknowledgement of receipt.

In the absence of amicable agreement, or in the absence of a response from SINOPOLE within a reasonable time, the Client, as a consumer, shall be entitled to refer the case to the consumer mediator free of charge, in the event that the dispute persists, using the following contact details:

Fédération du Commerce et de la Distribution, 12 rue Euler, Paris 8^ème. https://mediateur.fcd.fr/

In the absence of amicable agreement, the dispute shall be referred to the courts, in accordance with rules of competency in force.

In the context of Contracts concluded with professional Clients, and in the absence of amicable agreement, the dispute shall be subject to the exclusive competence of courts within the jurisdiction of the Court of Appeal of Paris, including any referral for summary proceedings, and notwithstanding the introduction of third parties or multiple defendants.

General conditions of subscription and use of Sinopole in French
Voir les CGU/CGV en français