Terms & Condition
1. LEGAL NOTICES
Publisher: The Big Whale
Headquarters: 9, rue des Colonnes, 75 002 Paris,
The Big Whale capital : 30 000 Euros
RCS (Registry of Commerce and Companies) : 911 651 859 Paris
CPPAP : in process of attribution
VAT number : in progress
Managing Director : Grégory Raymond
Director of Publication: Grégory Raymond
63-65 boulevard Masséna
75013 Paris, France
For the clarity of these General Terms and Conditions of Sale (hereinafter, "GTC"), terms and expressions shall be defined as follows when preceded by a capital letter:
"GTC": means the present General Terms and Conditions of Sale governing any Subscription to The Big Whale newsletters and productions;
"Customer": any person who has subscribed to The Big Whale newsletters;
"Data": personal data as defined by the General Data Protection Regulation 2016/679 i.e. any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity ;
"The Big Whale Newsletter": refers to the specific newsletters subject of the service offering content dedicated to technology news, crypto, NFT and DeFi;
"Services": refers to the services and content offered in The Big Whale newsletters
"Subscription": act performed by the Customer in order to subscribe to The Big Whale newsletters;
"Sites": refers to the website published by The Big Whale and accessible via the website https://the-big-whale.io/
3. PURPOSE OF THE TERMS AND CONDITIONS
The purpose of the GTC is to define the conditions under which the Customer benefits from the Services. They govern all subscriptions to The Big Whale newsletters.
4. ACCESS TO SERVICES
The Big Whale may, by right, cancel any Subscription that mentions incomplete or erroneous information. It is specified that the Services will only be accessible to visitors who respect the General Conditions of Use of the Site.
5. CUSTOMER'S CHOICE
The Big Whale offers 4 (four) types of subscription to published content proposed byteam :
- free subscription: a The Big Whale newsletter to which the Customer can subscribe free of charge for a period of one (1) year in order to receive once a week content dedicated to cryptocurrency ;
- subscription with a monthly payment (without commitment): a paid The Big Whale newsletter under the conditions defined herein in order to receive once a week premium content, without advertising.
- a paid subscription for one year, with one-off payment: a paid The Big Whale newsletter under the conditions defined herein in order to receive premium content once a week, without advertising, as well as advantages and privileged access to The Big Whale events.
- a "Founder" subscription: allowing a lifetime subscription to content, including a The Big Whale newsletter under the conditions defined herein with premium content, without advertising, as well as advantages and privileged access to The Big Whale events.
The validation of the Subscription will be carried out according to the steps defined below:
- the Customer checks the details of the subscription he/she has taken out and the total price indicated;
- prior to validation, the Customer must accept the GTC;
- the Customer proceeds to the payment in a secure way.
The Big Whale will send the Customer an email confirming the Order.
6. PRICE OF SERVICES
The prices of the Services are defined in Euros and remunerate the production of editorial content by The Big Whale.
The rates applied are :
- monthly subscription without commitment : 9,90€/month
- a paid subscription for one year, with payment in one go: 99,90€/year
- a lifetime "Founder" subscription: 990 euros.
The prices presented may be modified at any time by The Big Whale, it being understood that the prices applied and invoiced to the Customer will be those in effect on the day of the Subscription.
The Customer acknowledges that the validation of the Subscription commits him/her to pay for the Services.
7. PAYMENT FOR SERVICES
The payment of the Services is made online, in a secure way, according to the following methods:
- Or by credit card (Carte Bleue, e-carte bleue, Visa, Mastercard, American Express) via our payment partner Stripe for a monthly or annual subscription tacitly renewed but without commitment. The amount due will be deducted monthly or annually until the termination of the subscription by the Customer;
- Or a payment by cryptocurrencies via Coinbase Commerce for an annual subscription or Founder subscription. At the end of this term, the Customer will have to pay again for the new term.
Our payment partners have been chosen by The Big Whale'steam to enable customers to pay for their subscriptions securely. As soon as the Subscription has been validated, The Big Whale will be able to debit the corresponding amount from the Customer's credit card.
The site the-big-whale.io/ is subject to a security system to protect as effectively as possible all data related to payment methods.
When paying by credit card, bank details are transmitted in one go when paying by credit card online and are not stored on the Site. This transmission is carried out in a secure manner thanks to data encryption using SSL (Secure Socket Layer) technology.
At any time, the Customer can still verify that he is on a secure page by observing the page address and the status bar displayed at the bottom of the browser window. The address of a page secured by the SSL protocol begins with a padlock followed by https and not by http (the letter "s" is added).
8. TIMEFRAME FOR THE IMPLEMENTATION OF THE SUBSCRIPTION
8.1 Deadlines for communication of The Big Whale newsletter
From the validation of the Subscription, The Big Whale will send once a week The Big Whale Newsletter to the email address indicated by the Customer.
The first shipment will be made within 15 (fifteen) days of the Subscription.
8.2 Failure to deliver The Big Whale Newsletter
It is the Customer's responsibility to ensure that the email address provided to The Big Whale is correct and that it allows the Customer to receive The Big Whale newsletters. The Big Whale cannot be held responsible in case of non communication of the newsletters resulting from an error on the email address communicated by the Customer.
It is also the Customer's responsibility to check that The Big Whale newsletters have not been sent to his junk mail and to register the address of the newsletter in his contact list.
In case of error on the communicated email address, the Customer can at any time contact The Big Whale's customer service at email@example.com.
In accordance with the article L216-2 of the Code of consumption, at the expiration of the time of communication envisaged, the Customer will be able to enjoin The Big Whale, via its Customer service, to communicate the newsletter to him within a reasonable time fixed by the Customer. If the newsletter is not communicated within this period, the Customer may request a refund of the amount deducted.
9. TERMINATION AND RIGHT OF WITHDRAWAL
When the Customer opts for the monthly or annual direct debit via credit card payment, his subscription will be tacitly renewed every month or every year. The Customer may cancel his subscription by sending his cancellation request to The Big Whale customer service at least 15 (fifteen) working days before the first day of the following month.
When the Customer opts for payment by cryptocurrency, he will be committed for a minimum period before which he will not be able to terminate the subscription. The subscription will end automatically at the end of the commitment unless the Customer pays again.
In accordance with article L221-28 of the French Consumer Code, the Customer will not be able to withdraw from the contract if he has subscribed to a 100% digital subscription.
The Customer who stops his direct debit will be immediately removed from the Newsletter mailing lists, even if his subscription had not expired.
Termination requests can be sent to firstname.lastname@example.org.
10. CLAIMS - DISPUTES
Any claims by the Customer relating to the provision of the Services by The Big Whale should be directed to email@example.com.
In the event of a dispute, the Customer and The Big Whale agree to make their best efforts to resolve it amicably.
Failing amicable resolution, the Customer may resort to the online mediation service of the CMAP (Paris Mediation and Arbitration Centre) accessible at the URL address: https: //www.cmap.fr/le-cmap/nous-saisir/nous-saisir-en-mediation-de-la-consommation-2/ and at the postal address: CMAP - 39 avenue Franklin D.Roosevelt - 75008 Paris.
In accordance with the rules applicable to mediation, it is reminded that a consumer dispute must be submitted in writing to The Big Whale's Customer Service before any request for mediation.
In the event of a dispute with a consumer that is not resolved by one or other of the remedies provided above, the French courts shall have jurisdiction. In accordance with Article R631-3 of the French Consumer Code, the Customer may bring the matter before the court of the place where he/she resided at the time of the Subscription.
The Big Whale is responsible to the Customer for the proper provision of the Services, and in particular for the communication of The Big Whale newsletters in accordance with and within the deadlines set forth herein.
The Big Whale's responsibility is limited to the Services. In no case does The Big Whale guarantee the relevance of The Big Whale's newsletters to a result sought by the Client.
The Big Whale reminds you that the Services are for fun. The Services and information made available in The Big Whale Newsletters do not constitute advice of any kind, including legal, professional or financial advice.
The use of the information and Services will not engage the responsibility of The Big Whale, in any capacity whatsoever. The Customer is solely responsible for the proper use, with discernment and spirit, of the information made available in The Big Whale newsletters.
The Big Whale will not be liable for any consequential damages of any kind, including, but not limited to, lost profits, lost earnings, loss of image.
It is understood that The Big Whale cannot be held responsible in case of force majeure as defined by the jurisprudence of the French Courts.
Likewise, The Big Whale cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, notably an interruption or break in service, an external intrusion or the presence of computer viruses.
The photographs and texts illustrating the contents of The Big Whale newsletters are not contractual. Consequently, The Big Whale cannot be held responsible in case of error in these photographs or texts, or if they are deceptive.
12. CODE OF CONDUCT
The Seller applies the rules of the Code of Ethics of e-Commerce and distance selling of the FEVAD.
It is also a member of the Autorité de Régulation Professionnelle de la Publicité (ARPP) and, as such, applies the rules of deontology in force.
13. INTELLECTUAL PROPERTY
All content presented on the Site and in The Big Whale newsletters, including but not limited to: architecture, texts, photographs, images, videos, sounds, logos, trademarks, and creations, is the property of The Big Whale. When accessing and using the Services, The Big Whale transfers to the Clients the rights of representation and reproduction of these contents on the equipment and browsers used to access the Site and The Big Whale newsletters. These rights are granted on a revocable, personal, non-transferable and non-exclusive basis.
All other rights are expressly reserved to The Big Whale and its beneficiaries. All product photography reproduced by The Big Whale respects the provisions of copyright law.
The reproduction of trademarks and logos published on The Big Whale website and newsletters is prohibited, except with the prior written authorization of their owner. Clients agree to respect the intellectual property rights of The Big Whale and its beneficiaries. In accordance with articles L335-2 and following of the Intellectual Property Code, any violation of the present article would constitute an infringement.
14. PERSONAL DATA
Under these T&Cs, Customer Data will be treated confidentially by The Big Whale in accordance with applicable data protection regulations for the purposes of:
- the management of Customer subscriptions;
- commercial canvassing of users who have subscribed to the free offer or former subscribers to the paid offer;
- measuring satisfaction.
The processing operations relating to the management of subscriptions are those necessary for the execution of the subscription contract signed by the person concerned.
The processing of commercial prospecting on services similar to those subscribed to, as well as the measurement of user satisfaction, are based on the legitimate interest of the data controller. Indeed, the interests pursued of improving services and increasing the number of customers appear to be lawful. Users can reasonably expect, when subscribing to the Services, to be contacted at a later date for similar services, or in order to express their points of satisfaction or dissatisfaction with the Services.
The Data collected will be accessible only to the persons in charge of the Services within The Big Whale, as well as to the service providers bound by contract for the purpose of sending newsletters.
The Data collected necessary for the management of the subscription contract will be kept only for the duration of the Subscription. Upon termination of the subscription, for whatever reason, this Data will be deleted.
It is however specified that the Data useful for commercial prospecting or for improving the Services, namely the e-mail address of the person concerned as well as the offer subscribed to, may be kept for a period of three (3) years from the end of the subscription.
Also, certain information may be kept for five (5) years for customers who have subscribed to the paid subscription (monthly, annual, lifetime) newsletters in order to keep evidence of the proper provision of the Services.
For any information relating to the protection of personal data, we invite you to consult the Data Protection Charter available on the Site.
The Customer may at any time exercise his rights of access, rectification, opposition, deletion, limitation of processing, and portability of Data by sending a request accompanied by proof of identity to The Big Whale and indicating in the subject line "The Big Whale Newsletters" at the following address The Big Whale, 9, rue des Colonnes, 75002 Paris
At any time, you may file a complaint with the national authority in charge of data protection (CNIL) whose contact information is available at: https: //www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil.
15. EVIDENCE, STORAGE AND ARCHIVING OF TRANSACTIONS
The computerized registers, kept in the computer systems of The Big Whale and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The present GTC, the General Terms and Conditions of Use of the Site, the Data Protection Charter constitute the whole of the contractual documents allowing to frame the relations between the Customer and The Big Whale.
These contractual documents explain and complement each other. However, in case of contradiction or discrepancy between the terms of these contractual documents, except in the cases expressly mentioned, they shall prevail in the order in which they are listed.
17. PARTIAL NULLITY
In the event that one of the clauses of the GTC becomes null and void due to a change in legislation, regulations or by a court decision, this will not affect the validity and respect of the provisions of the GTC that remain valid.
18. APPLICABLE LAW
The GTC are written in French and subject to French law.
19. DURATION OF THE TERMS AND CONDITIONS
The T&Cs come into force on the date of their publication and will remain in force for the duration of their publication on the Site.
The T&Cs are available on the Site and can be accessed by clicking on the validation of the Subscription.
The GTC can be modified at any time, unilaterally by The Big Whale. The new GTC will be enforceable as of their online publication and applied to the Subscriptions made at this date.
It is specified that in case of modification, the applicable GTC will be those accepted by the Customer at the time of Subscription.