1. Purpose

These Terms and Conditions of Use define the terms and conditions under which USERS may use the Site.

2. Acceptance of the Terms and Conditions of Use

The USER declares that they have read and expressly and unconditionally accepted these Terms and Conditions of Use in effect on the day of accessing the Site.

WIN WIN FATUM reserves the right to modify, at any time, all or part of these Terms and Conditions of Use. It is therefore the USER’s responsibility to regularly refer to the latest version of the Terms and Conditions of Use, which is permanently available on the Site under the “Terms and Conditions of Use” section.

Any visit to the Site or use of the services offered on the Site after modifications to the Terms and Conditions of Use constitutes full and unconditional acceptance by the USER of the new Terms and Conditions of Use.

These Terms and Conditions of Use are written in French in their original version, which is the only legally binding version and prevails over any other translated version.

3. Ownership of the Site, Use of the Site, and Consequences of Non-Compliance

The Site is protected by intellectual property laws, including copyright and trademark laws, as outlined in Article 7 of these Terms.

WIN WIN FATUM authorizes the use of the Site only in compliance with these Terms and Conditions of Use.

WIN WIN FATUM reserves the right to suspend access to certain parts of the Site for any USER who fails to comply with the obligations set forth in these Terms and Conditions of Use.

4. Conditions of Access to the Site

These Terms and Conditions of Use apply to all internet users, whether or not they are clients of WIN WIN FATUM, who connect to the Site.

The Site is strictly for personal use.

The USER acknowledges that they meet the required age and authorization to access the Site. Parents or legal guardians are solely responsible for any improper use of the Site by a minor.

5. Acceptance of Internet Risks

The USER acknowledges being aware of the risks associated with the Internet and understands that:

• Data exchanges over the Internet are only relatively reliable and are not fully protected, particularly against risks of interception or hacking.
• The technical performance of the Internet network, as well as response times for consulting, querying, or transferring data, are variable and unpredictable.

6. Limitation of Liability

The services and information provided on the Site are made available based on the Site’s availability. WIN WIN FATUM cannot guarantee that the service will be uninterrupted, timely, secure, or error-free.

The content, presentation, and functionality of the Site may be modified at any time by WIN WIN FATUM in accordance with these Terms and Conditions of Use and for the proper functioning of the Site.

The USER expressly agrees to waive any claims against WIN WIN FATUM for any damage they may suffer from using the Site, including but not limited to any loss of profits, loss of data, or business interruption resulting from the use or inability to use the Site or from reliance on any content or information provided on the Site.

Specifically, the USER acknowledges that:

• They assume full responsibility for any risks associated with using the Site.
• The use of the Site is at their own risk regarding the downloading of data, files, or software that may damage their computer system. WIN WIN FATUM cannot be held liable for any data loss, virus infection, or damage to their computer system.
• WIN WIN FATUM cannot be held responsible for any USER sharing data that violates third-party rights.
• WIN WIN FATUM is not responsible for technical issues, including the unavailability of the Site and any defects affecting its operation.

7. Use of Hyperlinks on the Site

The Site contains hyperlinks to other websites managed by third parties. By clicking on these links, the USER leaves the Site.

WIN WIN FATUM has no control over these sites, and the presence of such links does not imply that WIN WIN FATUM approves of their content. Consequently, WIN WIN FATUM is not responsible for the content of these sites. The inclusion of these links does not in any way engage the responsibility of WIN WIN FATUM.

WIN WIN FATUM does not guarantee:

• The accuracy, timeliness, quality, or completeness of the content of the linked sites.
• The accessibility or proper functioning of the Site or the linked sites.

Therefore, the internet user using the Site waives any claim for compensation against WIN WIN FATUM for any damage they may suffer from using any of the hyperlinks featured on the Site.

8. Intellectual Property

The content and structure of the WIN WIN FATUM Site are protected by copyright and intellectual property rights.

Any reproduction, representation, permanent or temporary copying, translation, arrangement, adaptation, or modification of the Site or any of its components (including but not limited to any text, image, iconographic representation, photograph, brand, or logo) for any purpose and on any medium is strictly prohibited.

Failure to comply with this prohibition constitutes an infringement, which may result in civil and criminal liability for the infringer.

French courts have jurisdiction to sanction any violation of WIN WIN FATUM’s rights under the conditions and penalties provided by Articles L.335-3 and following of the Intellectual Property Code and Articles 323-1 and following of the Penal Code, without prejudice to any other penalties that may be imposed, including by any other competent court.

Nothing in these Terms and Conditions of Use shall be interpreted as granting the USER a license to any intellectual property rights owned or exclusively licensed by WIN WIN FATUM.

9. Force Majeure

WIN WIN FATUM disclaims liability for any failure to fulfill its contractual obligations due to force majeure or unforeseen circumstances, including but not limited to natural disasters, fires, internal or external strikes, system failures, or any other event preventing the proper execution of its obligations.

10. Independence of Clauses – Waiver

If any provision of these Terms and Conditions of Use is found to be contrary to applicable law, it shall be deemed unwritten but shall not render the entire Terms and Conditions of Use invalid.

In case of difficulty interpreting a title and the content of a clause, the clause shall prevail.

The fact that WIN WIN FATUM does not enforce any provision of these Terms and Conditions of Use, whether permanently or temporarily, shall not constitute a modification of these Terms and shall not create any rights for USERS.

11. Governing Law – Jurisdiction

French law exclusively governs these Terms and Conditions of Use and the matters they regulate, to the express exclusion of any international convention.

Any dispute relating to the interpretation and/or execution of these Terms and Conditions of Use and the matters they govern shall be submitted to the COMPETENT COURTS of PARIS (France), where WIN WIN FATUM’s registered office is located, including in summary proceedings and notwithstanding multiple defendants or third-party claims.

12. Legal Notice

The Site, located at https://winwinfatum.com/, is published by the association WIN WIN FATUM.

The publication director is Anne Bourdu.

The WIN WIN FATUM website is hosted by Ligne Web Services – LWS, located at 2 rue Jules Ferry – 88190 Golbey, France, with the phone number +33 1 77 62 30 03.