Easyvest is supervised by the Financial Services and Markets Authority ("FSMA") located at rue du Congrès 12-14, 1000 Brussels, and is registered on the list of investments firms approved by the FSMA as a portfolio management and investment advisory company under Belgian law.
Easyvest is also registered on the list of insurance intermediaries approved by the FSMA, under number BE0631.809.696, as an insurance broker.
2. These General Terms and Conditions govern the relationship between Easyvest and its Clients, whether natural or legal persons (hereinafter referred to as the "Client"), subject to any provisions to the contrary resulting from agreements or special conditions which take precedence over those in this text.
If any of these provisions contravene a legal or regulatory provision protecting a category of persons (e.g., the provisions of the Code of Economic Law which protect clients acting as consumers within the meaning of Article I.1, 2° of this Code), these provisions shall be considered as not applicable to these clients. In addition, the provisions of the General Terms and Conditions that contravene mandatory legal or regulatory provisions applicable to current agreements, which came into force after the date of registration of the General Terms and Conditions, shall be considered unwritten as of the date of entry into force of the provisions to which they contravene and shall not apply. The invalidity of one or more provisions of the General Terms and Conditions does not affect the validity of the other provisions. In the event of a discrepancy between the different language versions of the General Terms and Conditions, the French version shall prevail.
3. In addition to these General Terms and Conditions, the following documents are given or made available on a durable medium to each Client before he enters into a relationship with Easyvest and form part of the individual file compiled for each Client by Easyvest:
These documents and any contractual or pre-contractual documents relating to Easyvest's services can be obtained in French, Dutch or English. The Client may communicate with Easyvest in any of these languages. Easyvest reserves the right to request a translation into one of these languages of any communication or document issued in another language. The Client must keep a copy or copies of any agreement he enters into with Easyvest. A copy or reproduction of the agreement(s) between Easyvest and the Client may also be obtained from Easyvest on request. Any agreement between Easyvest and the Client is electronically archived by Easyvest.
4. The Client confirms that he is the full owner of the assets entrusted to Easyvest for management, as well as of the income generated by these assets, and that he is not acting as an agent, intermediary or nominee of any other person.
1. If an agreement between Easyvest and the Client is concluded remotely, within the meaning of the Code of Economic Law, the Client has a period of 14 calendar days counted from the conclusion of the agreement to notify Easyvest that she is withdrawing from the agreement (hereinafter referred to as the "Right of Renunciation"). The term "Client" in this article 2 refers only to natural persons who act for purposes that are not part of their commercial, industrial, craft or professional activity. The Right of Renunciation may be exercised by the Client without penalty and without giving any reason. The 14-day period is considered to be respected if the Client has given written notification before the expiry of the period.
2. Any initiative by the Client to use the financial service that is the subject of the agreement during the renunciation period implies the Client's acceptance of the execution of this agreement, notwithstanding the fact that the renunciation period has not yet expired. In such a case and if the Client exercises her Right of Renunciation, she will only be liable to pay for the financial service actually provided by Easyvest on the basis of Easyvest's rates. The amount to be paid will, as appropriate, be proportional to the size of the service already provided compared with all the provisions established by the agreement and will in no way constitute a penalty. If the Client does not exercise her Right of Renunciation, the agreement will continue in accordance with the General Terms and Conditions and any other contractual conditions that may apply to the agreement in question.
3. Renunciation by the Client of a remotely concluded agreement will also result in the termination of any other specific agreement concluded between Easyvest and the Client in the context of or in execution of that initial agreement, without penalty, without prejudice to any collateral that might have been granted to Easyvest and that will be applied to guarantee the possible payment or reimbursement of any sum due to Easyvest as a result of the renunciation of the agreement.
4. Notwithstanding the above, the Right of Renunciation does not apply to financial services whose price depends on fluctuations in the financial market or tax rules duly applied during the period (stock exchange tax, withholding tax, etc.) over which Easyvest has no influence and which are likely to occur during the renunciation period (i.e., in particular for all foreign exchange transactions, orders on financial instruments, etc.) nor to agreements that have been executed in full by both parties at the Client's express request before the latter exercises her Right of Renunciation.
5. In case of a remotely concluded agreement with several Clients, Easyvest will take into account of the exercise of the Right of Renunciation by a single Client without needing to obtain the agreement of the other Clients, even if they express their opposition to the exercise of this right.
1. Easyvest provides the Client with a discretionary portfolio management service. In the absence of a signed portfolio management service agreement, Easyvest does not provide any services to the Client.
2. The portfolio management service (hereinafter the "Service") is conditional upon the signature of the Portfolio Management Agreement (hereinafter the "Agreement") by the Client and will be implemented upon receipt by Easyvest of the amount of the initial deposit by the Client on the account of the Broker - Custodian, subject to Easyvest's acceptance of the Client's request for the Service. If Easyvest does not agree to provide the Service to the Client and the Client has already made the initial deposit, Easyvest will refund the amount paid into the original account.
3. In case of termination of the Agreement by the Client or by Easyvest, or in case of a request by the Client to withdraw all or part of the elements of the Portfolio, Easyvest liquidates the financial instruments in the Portfolio to the extent of the amount of the withdrawal. The resulting cash balance is then transferred to the Client’s banking institution.
1. Transactions in financial instruments involve particular risks. A general description of the nature and risks of financial instruments is given in the document "Investment Risks", which has been sent by Easyvest to the Client and which is also available on the Easyvest website and on request.
2. The portfolio will consist exclusively of cash and trackers. The definition of these financial instruments is given in the document entitled "Investment Risks".
3. The Client has taken note of the risk factors described in the document entitled "Investment Risks".
1. Easyvest provides its Clients with a standard form for private power of attorney granting authorization to a third party. In order to grant a power of attorney to a third party, this form must be completed and sent to Easyvest in accordance with the provisions set out in this standard form. Easyvest may refuse to recognize and give effect to a power of attorney without having to justify itself. The authorized representative will only be able to access the investment services provided by Easyvest on behalf of and for the account of the Client after she has herself completed a suitability test questionnaire with Easyvest.
2. Easyvest may also, at its sole discretion, refuse the authorized representative, acting in the name and on behalf of the Client, access to certain investment services or transactions that it freely determines, modulate access, or limit the authorized representative's powers in relation to certain services or portfolios. Easyvest may also require the personal intervention of the Client for certain transactions or decisions concerning the Client's portfolios or assets.
3. The power of attorney may be terminated for any of the following reasons: (i) revocation by the Client of the power of attorney, (ii) death, prohibition, bankruptcy, judicial reorganization or insolvency of the authorized representative, or due to a similar event (including incapacity), and (iii) death of the Client, provided that the Client is the sole holder of the account on which the power of attorney has been granted. The termination of the power of attorney will be effective at the latest on the second working day following the day on which Easyvest receives notification from the Client or her assignee of the occurrence of these events or of Easyvest's knowledge of the occurrence of these events, without Easyvest having to carry out any investigation in this respect.
4. When a power of attorney ceases to have effect, for whatever reason, the Client must return (or have the authorized representative return) to Easyvest all documents relating to the Agreement or the portfolio on which the power of attorney has been granted. If the Client fails to do so, the Client accepts all the consequences that may result from the use of these documents by the authorized representative or by a third party.
5. Without prejudice to articles 5.2, 5.6 and 5.7, the authorized representative has the same powers to manage, dispose of and terminate all or part of the contractual relationship as the Client herself.
6. By signing the power of attorney form, the authorized representative confirms her acceptance of the power of attorney granted to her and her acceptance of the General Terms and Conditions.
7. The Client is liable to Easyvest for all actions taken by the authorized representative in the exercise of her mandate. The Client acknowledges and, insofar as necessary, accepts that insofar as the authorized representative respects the possible limits provided for in the power of attorney that the Client has given her and that has been sent to Easyvest, Easyvest has no contractual duty to control the use that the authorized representative makes of the powers that have been given to her or the purposes for which she uses them. It is exclusively up to the Client to exercise this control.
1. Easyvest may require the Client, her authorized representatives or legal representatives, at the time of opening the relationship and, if necessary, thereafter, to deposit a specimen signature.
2. Easyvest determines the means of identification or authentication, including electronic means, that the Client may use to sign or approve certain agreements, transactions, instructions or consultations. The use, under the conditions defined by Easyvest of a pin code, secret code or other unique means of access, whether or not in combination with a personal code or individual identification number, the use of legally permitted cryptographic techniques, including, without limitation, asymmetric cryptography with a combination of public and private keys, as well as other means such as, without limitation, the digital representation of a handwritten signature, the use of biometric or voice identification techniques, writing and marking by means of electronic devices or touch screens, are deemed between Easyvest and the Client to constitute a valid electronic signature, providing proof of the Client's identity, acceptance and commitment.
1. The Client has the possibility to access Easyvest's Application and/or one or more of Easyvest's services via various devices, if necessary, by downloading a specific application and accepting specific conditions. The scope of the services accessible and the personalized access and security device to be used may vary depending on the device used by the Client.
2. Easyvest is at all times authorized to introduce new or modified personalized access and security devices in order to optimize the computer security of its systems. It undertakes to duly notify the Client.
3. The Client guarantees to respect the personal and confidential nature of the personalized access and security device(s) at her disposal, and assumes full responsibility for their possible communication to third parties.
4. The Client furthermore undertakes to observe the following precautionary measures, as well as any other reasonable precautionary measures, including any measures recommended to her by Easyvest through the Application or otherwise, to ensure the security and confidentiality of the personalized access and security devices at her disposal and thus of the Application:
5. The Client is aware that the use of the Application can generate specific risks related to technical or transmission problems that may occur in the use of a computer or the internet or on the Easyvest network, which may prevent or suspend the use of the service; or abusive, fraudulent or unauthorized use of the system, personalized access and security devices; or interception of data relating to the Client or her accounts by third parties through hacking methods, piracy, falsification or as a result of the theft or loss of the codes or means of access to the service.
6. The Client acknowledges and accepts that Easyvest can, without having to justify itself, make the Application temporarily unavailable for reasons of maintenance, system updates, system and security software changes, etc. If such unavailability occurs during opening hours, Easyvest will, as far as possible, inform the Client in advance via the Application. Easyvest can decide to close down the Application with immediate effect if it deems that this measure is necessary to prevent damage to Easyvest or the Client.
1. In the event of loss, theft, misuse or unauthorized use of her devices or personalized access and security devices, the Client shall notify Easyvest without delay on the same day by email to firstname.lastname@example.org. Any access to the devices and/or personalized access and security devices concerned will be blocked by Easyvest at the latest on the day following the receipt of the email.
2. The Client must also immediately notify Easyvest of any facts that could lead to misuse or unauthorized use of her accounts, wallets, devices or personalized access and security features.
3. The Client must also immediately notify Easyvest of the loss, theft or fraudulent use of her identity card.
4. Easyvest reserves the right to block personalized access and security devices, access by one or more specific devices of the Client for objectively justified reasons relating to the security of these devices or devices, the presumption of unauthorized or fraudulent use of these devices or devices. Easyvest will inform the Client, if possible, in advance and at the latest immediately afterwards, of the blocking of the aforementioned applications or devices and the reasons for it, except where such information is counteracted by objectively justified security reasons or is prohibited under the applicable legislation. Easyvest will send new codes or unblock other personalized access and security devices, applications or replace them, if it is the original supplier, as soon as the reasons for blocking cease to exist.
1. Any complaint or general dispute relating to (i) a malfunction of the Application and its functionality or any other service of Easyvest, (ii) general information on the Application, on Easyvest public website, or through any other service of Easyvest, (iii) an error in a transaction, (iv) non-performance by Easyvest, (v) the content or form of any communication made by Easyvest, including slips, reports, or the lack of such communication, (vi) the execution price or non-execution of an order, etc., shall, under penalty of the forfeiture of the Client's right of challenge, be notified by the Client to Easyvest, by letter or email to email@example.com, at the latest within fifteen (15) working days following the day on which the Client became aware of the matter or is presumed to have become aware of it, or within any mandatory longer period as may be required by the applicable rules. Easyvest shall notify acknowledgement of receipt of the complaint within 5 days. Easyvest will examine the complaint and the relevant facts and shall provide a written reaction as soon as possible following receipt of the complaint. The Client's complaint must be precise and complete (indication of the transactions involved and the relevant date, indication of the complaints against Easyvest and the relevant facts, communication of the relevant documents, etc.). If no answer can be given quickly, for any reason whatsoever, Easyvest shall inform the Client of this and shall indicate the period in which an answer may be expected and, as appropriate, any additional information that may benecessary in dealing with the complaint.
2. When a complaint lodged in accordance with Article 9.1. is not dealt with to the Client's full satisfaction, the Client may submit it to the Financial Services Mediation Service, known as Ombudsfin (North Gate II, Boulevard du Roi Albert II, no. 8, box 2, 1000 Brussels; http:// www.ombudsfin.be; firstname.lastname@example.org), in accordance with the conditions for admissibility of such a complaint. This option is reserved for Clients who are natural persons. The complaint may be submitted by registered letter, by simple mail, fax, email or via the online form available on www.ombudsfin.be. If the complaint is admissible, the aforementioned service issues a non-binding opinion. The procedure takes place in writing only. Easyvest may accept the decision but is not bound by it. Detailed information on the terms and conditions and form of such complaints is available from the site http://www.ombudsfin.be.
3. The Client who is a consumer may equally have her complaint resolved via the online dispute resolution platform developed by the European Commission in the framework of Regulation 524/2013 on the online settlement of consumer disputes (http://ec.europa.eu/consumers/odr). Information on this platform can be obtained from the Belgian National Contact Point, rue de Hollande 13, 1060 Brussels, telephone 02 892 37 12, fax 02 542 32 43.
1. Unless otherwise stated in writing, Easyvest presumes that each of the parents has the right to administer the property of their minor children. It is not for Easyvest to ascertain that the parent has acted with the consent of the other parent.
2. Funds entrusted to Easyvest in the name of a minor child are considered to belong to the minor child, the holder of the portfolio. The legal provisions concerning the administration of the property of a minor child must be respected. The persons authorized to manage these portfolios must do so in the exclusive interest of the minor child, requesting, where required by law, the approval of the Justice of the Peace.
Easyvest may, but is not obliged to, make the execution of a transaction on behalf of a minor child subject to the prior authorization of the Justice of the Peace when it considers such a formality necessary.
3. Portfolios opened in the name of adults lacking capacity shall be managed by the persons legally entitled to represent them, within the limits of the powers granted to them and under the conditions laid down by law or resulting from the decision of any competent authority.
4. Parents in relation to their minor children or the persons legally entitled in the case of adults lacking capacity are the persons taken into account by Easyvest for the assessment of knowledge, and experience. Minors or incapable persons are the persons taken into account by Easyvest for the assessment of the financial situation and the investment objectives.
1. In the event of the death of a Client or his/her spouse, Easyvest must be notified without delay by the heirs and/or successors, in regard to whom the Client's obligations are indivisible, as well as by any possible authorized representative of the deceased.
2. Once Easyvest is informed of the death of the Client or his/her spouse, it may temporarily freeze the portfolios of the Client and his/her spouse in order to make the declarations to the tax authorities or any other authorities required by law or pending receipt of all the documents required by law. Subject to any regulatory provisions to the contrary, the assets managed by Easyvest in the name of the deceased will then be released to the heirs and/or successors upon production, as the case may be, of a certificate of inheritance drawn up by the collector of the inheritance tax office competent for the filing of the deceased's declaration of inheritance or a certificate or deed of inheritance drawn up by a notary. Easyvest may also require the production of any other documents that Easyvest considers necessary or useful. Easyvest will check these documents carefully but will only be liable for fraud or gross negligence in examining their authenticity, validity, translation or interpretation, especially in the case of documents issued in a foreign country.
3. The Client acknowledges and accepts that, when her estate is being settled, information on her saccounts and the transactions she has carried out may be communicated by Easyvest to the notary responsible for organising the devolution of the estate or to the authorities, particularly the tax authorities.
4. Easyvest shall send correspondence relating to the assets it manages in the name of the deceased to the address indicated by mutual agreement by all the heirs and/or beneficiaries. In the absence of such instructions, it is sent to the address of the deceased Client, the notary or any other person responsible for the interests of the beneficiaries.
5. The heirs and/or successors are jointly and severally liable to Easyvest for the payment of the costs of the opening of the estate and its liquidation.
1. All documents and records, in the broadest sense, relating to the transactions handled by Easyvest, are kept by Easyvest for the periods laid down by law. Easyvest has the right to keep these documents and records in original or copy form.
The Client shall keep her own records.
2. Easyvest has the right to carry out any form of electronic archiving that is recognized, in compliance with its legal obligations and for its own needs. The Client expressly recognizes this and renounces the right to demand access to paper archives from Easyvest, apart from voluntary communication by Easyvest within the limits of its possibilities.
3. The content and date of receipt and dispatch of all communications, as well as information relating to agreements and transactions stored by Easyvest on a durable electronic medium of Easyvest, have the same probative force, as an original signed writing on a paper medium.
The business books and documents of Easyvest are considered to be conclusive until proved otherwise. In derogation of article 1341 of the Civil Code, regardless of the nature or amount of the legal act to be proven, the Client and Easyvest agree that each of the parties may prove any of their allegations by any means legally admissible in commercial matters, in particular by means of a copy, a reproduction of an original document or the recording of a telephone conversation or an electronic communication. Unless the other party proves otherwise, the copy or reproduction of the document shall have the same evidential value as the original.
Easyvest can prove access to its Application by all appropriate electronic means. The unalterable traces of access engraved on Application of Easyvest will be considered as proof of this access.
4. In addition, proof may, in derogation of Article 1341 of the Civil Code and irrespective of the nature or amount of the legal act to be proven, be established by the production of recordings of telephone conversations with the Client.
In this respect, the Client expressly accepts that Easyvest may record telephone conversations for evidential purposes, notwithstanding the origin of the telephone conversation, and that the recordings may be produced in court if necessary.
Furthermore, the Client acknowledges having been informed that telephone communications or conversations between Easyvest and the Client which give rise or are likely to give rise to transactions are systematically recorded for the purposes of compliance by Easyvest with its legal and regulatory obligations, of proof and of quality control, and that these recordings are kept by Easyvest for the time necessary to achieve the purposes it pursues or in compliance with the legal time limits
1. In order to serve the Client optimally, to ensure compliance with regulations and to benefit from the technical resources of qualified specialists, Easyvest outsources or subcontracts certain tasks, activities or services to third party service providers that may be unregulated and located outside the territory of Belgium, within the EU or outside the EU (the "Service Providers"). The Client acknowledges and accepts that in this context the Service Providers may receive or have access to certain information.
2. Outsourcing or subcontracting will be carried out in accordance with regulatory requirements and Easyvest will ensure that it meets all its regulatory obligations. The Service Providers are either subject by law to an obligation of confidentiality or will be contractually bound by Easyvest to respect strict confidentiality rules. The Client acknowledges and accepts however that the Service Providers are not specifically subject to Belgian rules on confidentiality. In this context, the Client explicitly consents to the transfer and disclosure of information by Easyvest to the Service Providers.
2. The Client who transmits to Easyvest personal data relating to other natural persons, undertakes to transmit these data only if this communication is lawful and after having sufficiently and previously informed the said natural persons and obtained, if necessary, their consent. The Client indemnifies Easyvest against all claims in this respect.
1. The Client is obliged to indemnify Easyvest for any loss or damage incurred by Easyvest as a result of the Client's failure to fulfil her obligations under the General Terms and Conditions, the special agreements with Easyvest and the transactions entrusted to Easyvest.
1. An undivided agreement may only operate under the joint signature of all portfolio owners. The portfolio owners shall determine, by mutual agreement, the reference person for the performance of the suitability test and the management of the portfolio.
2. In particular, unless otherwise agreed, the owners must jointly instruct Easyvest to dispose of funds, grant powers of attorney to third parties or carry out other operations or transactions, all orders to be signed by each of the owners. The power of attorney granted collectively by all owners of the undivided portfolio to one of the owners or to a third party may be revoked by each owner of the portfolio acting individually.
3. The undivided agreement implies a passive solidarity of all owners of the collective portfolio towards Easyvest. Each of the joint owners is fully and jointly and severally liable to Easyvest for the obligations arising from the said portfolio, whether they were taken in the common interest of all owners, in the interest of any one of them or in the interest of third parties.
4. Unless otherwise instructed, Easyvest may, but is not obliged to, assign funds entrusted to the undivided portfolio on behalf of one of the owners.
5. In the event of the death or incapacity of one of the owners, the persons entitled to represent the deceased or incapacitated person (in particular the executor, heirs or guardian, as the case may be) shall automatically take the place of the deceased or incapacitated owners, unless the law provides otherwise.
6. The heirs shall remain liable to Easyvest for the commitments and obligations which, at the time of death, were incumbent on the deceased owner in her capacity as joint and several debtors.
1. Easyvest can take into account the existence of a usufruct on entrusted assets.
2. Unless otherwise agreed in advance and expressly accepted by Easyvest, any transaction relating to a portfolio subject to a usufruct must be signed jointly by the bare owners and the usufructuaries.
1. Easyvest may rectify any error in the execution of a transaction or entry without prior notice to or agreement of the Client.
1. When entrusting the deposit of Clients' financial instruments to a custodian (the "Custodian"), Easyvest shall ensure that the Custodian identifies the Clients' financial instruments separately from both Easyvest and the Custodian.
2. Easyvest acts with due care and diligence in the selection, appointment and periodic review of its Custodian(s) with whom its Clients' financial instruments are deposited and in the legal and contractual arrangements governing the holding and safekeeping of such financial instruments.
3. Except in the case of gross negligence or willful misconduct on its part, Easyvest cannot be held liable for any damage resulting from the total or partial loss of the financial instruments deposited in the event of the negligence of the Custodian selected by Easyvest or the occurrence of insolvency proceedings against it.
4. Easyvest participates in the Belgian investor protection scheme set up by the Deposit and Financial Instruments Protection Fund organized by the law of 17 December 1998 creating a deposit and financial instruments protection fund, as amended by the law of 22 April 2016.
This protection applies to financial instruments that a Client has entrusted to Easyvest. In the event that the Client is no longer able to recover her securities due to the failure of a custodian, she may call upon the protection system for the loss she has suffered. The return of deposited securities will take the form of a transfer to a securities account opened with another institution, regardless of the value of these securities at the time of the Custodian's default. The protection scheme does not provide any cover against a possible loss of value of these securities.
The guarantee scheme also provides for compensation for any failure to return financial instruments that will be managed on behalf of investors, up to a maximum of EUR 20,000 per investor.
The terms and conditions of these guarantees are defined in the Intervention Regulations of the Protection Fund, which can be obtained on written request from Easyvest and which is available on the website www.protectionfund.be. This site provides more information on the Belgian protection system which includes the list of financial institutions adhering to this protection system.
1. In the event that an issuer of financial instruments of which the Client is a holder is the subject of a class action, i.e., a collective action brought by a group of claimants, or insolvency proceedings, Easyvest is under no obligation to inform the Client of this and therefore assumes no responsibility for the fact that the Client has not been informed of this class action or insolvency proceedings.
2. To the extent that Easyvest provides such information, it does so on a voluntary and non-binding basis.
1. The Client authorizes Easyvest to inform the issuer of financial instruments entrusted to Easyvest of her identity, the number of financial instruments deposited and the rights she has over these instruments (full ownership, usufruct, ...), in case the issuer requires this for legal and/or statutory reasons.
2. A Client who has entrusted Easyvest with foreign securities may, subject to the fulfilment of certain formalities, benefit from double tax treaties. The benefit of such agreements is subject to Easyvest's authorization to disclose the identity of the Client to the tax authorities. A Client who does not authorize Easyvest to disclose her identity to these authorities is excluded from the benefit of double taxation treaties. Easyvest assumes no liability if a foreign tax authority refuses to refund the tax due on the basis of the double taxation agreement.
1. Unless specifically provided for in the contract, Easyvest does not, in principle, execute orders given other than in accordance with the methods of communication provided for in the General Terms and Conditions or the special terms and conditions.
2. The transmission of instructions in accordance with the methods of communication provided for in the General Terms and Conditions or the special terms and conditions or by post, insofar as Easyvest accepts this, is done exclusively at the risk of the Client. The Client releases Easyvest from any liability in this respect.
3. Easyvest is under no obligation to accept instructions given by telephone. If it does so, it may postpone the execution of the instruction until it has received the corresponding written confirmation. To avoid duplication, any confirmation or modification of a previous instruction must explicitly mention the latter. The absence of confirmation does not engage the responsibility of Easyvest and does not affect the validity of the transactions executed in accordance with these orders.
4. It is expressly agreed that notwithstanding the means of communication agreed in the General Terms and Conditions and in the special terms and conditions, Easyvest may make a counter-call or contact the Client by other means to verify the reality and effectiveness of an instruction transmitted. The counter-call or additional communication is merely an option for Easyvest and does not in any way constitute a condition for the validity of the instruction transmitted by the Client.
5. Easyvest accepts no responsibility for the consequences that may arise from the transmission of instructions by telephone, email, chat or any other electronic means, including fraud, error or omission in connection with such instructions or their misunderstanding.
1. The Client shall ensure that all documents, materials, data, information, and instructions that she communicates or provides to Easyvest are legible, reliable and complete.
2. Easyvest is only able to detect the irregular nature of the order or instruction if this is evident from a quick and normally careful examination. Unless Easyvest is guilty of serious misconduct, the order or instruction, even if falsified, can be invoked against the Client.
3. Easyvest also reserves the right not to carry out instructions which it considers to be inaccurate or incomplete, without however being liable for any errors or delays resulting from their inaccuracy or incompleteness if they are carried out, except in the case of gross negligence or fraud on its part.
1. Easyvest has no obligation to execute instruction given by the Client and may therefore refuse to execute any instruction, without having to justify its refusal. For example, in case of doubt as to the authentication of the client, or as to the pursuit of the client's interests where there is a power of attorney.
1. The Client accepts that the supervisory authorities, in particular the tax authorities or the Financial Servcies an Markets Authority (FSMA), may in certain circumstances require Easyvest to provide them with any information or documents, including the identity of the Client, that they consider necessary or useful for investigative purposes. The Client authorizes Easyvest to communicate to these authorities all information validly requested and relating to the instructions transmitted and the transactions executed on behalf of the Client.
1. The software, programs and other algorithms on which the functionalities offered by Easyvest via its Application or any other service of Easyvest are based, as well as the content of the Application, including in particular the brands and logos, are protected by intellectual property rights. No software, material, text, information, images or other works accessible or visible on the computer applications or services provided by Easyvest may be copied, reproduced, used, distributed, downloaded, posted or transmitted in any form or by any means, including, but not limited to, electronic or mechanical means, photocopying, recording. The Client may not duplicate the Application or its contents or any other Easyvest service or software provided by Easyvest or their contents on any other server or medium without the prior express written permission of Easyvest.
1. The Client shall certify that the assets that are or will be entrusted to Easyvest originate or will originate from a legal activity and that they will not be used for money laundering or terrorist financing.
2. Easyvest shall not accept any liability for the transmission of any information whatsoever to the “Cellule de traitement des informations financières” (Financial Intelligence Processing Unit) or to any individual or competent body involved in the fight against money laundering or the financing of terrorism, nor for the direct or indirect consequences that may result from such information, for example following opposition to a transaction by the abovementioned persons.
1. Without prejudice to mandatory legal provisions or legal or contractual provisions that provide for a shorter period, any legal action by the Client against Easyvest or by Easyvest against the Client, whether based on a contractual or extra-contractual basis, shall expire at the end of a period of three years from the date of the transaction or event that gives rise to the proceeding.
1. In the course of providing investment services to Clients, Easyvest may encounter situations in which its own interests, those of its directors, officers or employees, or those of other companies in the group of which it is a part, conflict directly or indirectly with those of its Clients, or situations in which the interests of different Clients conflict. Easyvest has established a list of situations that may give rise to such conflicts and has put in place a policy and procedures to prevent such conflicts or, where appropriate, to manage them.
2 If this policy proves to be insufficient to guarantee, with a reasonable degree of certainty, that the interests of the Client will not be prejudiced, Easyvest will inform the Client of this, so that the Client can make an informed decision to use the services of Easyvest.
1. The General Terms and Conditions can be modified by Easyvest at any time.
2. The Client shall be informed by Easyvest of the modification of the General Terms and Conditions. The amended General Terms and Conditions will be available to the Client on Easyvest's website or on request to Easyvest. The Client agreesto read them on receipt of the communication from Easyvest.
3. Unless required by law or regulation, the amended General Terms and Conditions will come into force at the end of a period of 15 days from the communication or at any other later date communicated by Easyvest. The Client has the right to accept or reject the proposed changes before the proposed date of entry into force. A Client who does not notify Easyvest of her rejection of the changes before the date of entry into force of the changed conditions will be deemed to have accepted them. The Client who does not accept the new General Terms and Conditions can herself immediately terminate her relationship with Easyvest free of charge until the date of entry into force of the amended conditions. Easyvest has the right to terminate its relationship with a Client who has informed Easyvest that she does not accept the new amended General Terms and Conditions, at any time until the date of entry into force of the amended General Terms and Conditions, without charge.
4. The provisions of the General Terms and Conditions, the content of which is merely informative, can also be modified at any time by Easyvest, if necessary, by documents separate from the General Terms and Conditions. These changes can be communicated to the Client by any appropriate means, including by posting on the Easyvest website.
5. Without prejudice to the foregoing, it is expressly agreed that any operation carried out by the Client after the entry into force of the amended conditions shall be governed by the new General Terms and Conditions and that the Client shall be conclusively presumed to have accepted them.