"Visitor" includes any person who visits the Site to view content and information published therein, without signing up beforehand or prior to becoming a Member of the Site;
"Individual" refers to any person who is at least 18 years old when registering on the Site and who has full legal capacity in accordance with legislation applicable to his/her country;
"Site or Platform" refers to the crowdfunding website www.fundovino.com and/or any other domain extension or address that may be used as a substitute;
"Fundoviner" refers to a Site Member who has made at least one Donation to a Project posted on the Site;
"Project Owner" refers to any Member registered on the Site who uses the Services provided to present, promote and raise funds to contribute to the development of his Project via Donations awarded by Fundoviners on the Site;
"Compensation - Reward", where applicable, refers to the advantages or gifts awarded to Fundoviners by the Project Owner in exchange for their Donation(s) to the Project(s). The Compensation awarded on a Project shall be indicated for each individual Project posted on the Site, and remains at the sole discretion of the Project Owner;
"Fundraising Target" refers to the amount of Donations that a Project Owner aims to collect via Member Donations on the Site in order to finance and implement the Project;
"Donation or Contribution" refers to any amount of money paid by a Fundoviner to a Project Owner via the Site to finance one or more Projects posted on the Site;
"Fundraising Period" refers to the number of days and/or hours and minutes during which Fundoviners may make Donations via the Site in order to reach the Fundraising Target set for the Project;
"Member Account" refers to the following: (i) for a Project Owner, the account information (including the username and password indicated by the Project Owner) and a content section used to promote Projects, and (ii) for a Member, the account information (including the username and password indicated by the Member) and the content section where all registered Site Members can provide information about themselves and details of Projects to attract contributions to their Projects by other Members;
"Company" refers to the company QABB SARL, a Limited Liability Company with a capital of 101,150 Euros, registered at the Trade and Companies Register in Paris under the number 595 802 017, whose head office is located at 6 avenue Franklin Roosevelt, 75008 Paris.
"Fundovino" is the name or trade name of the Company.
"Business" refers to any legal entity, governed by public or private law, excluding Non-Profit Organizations;
"A Non-Profit Organization" refers to a group of at least two people, who decide to pool resources to engage in any type of activity, their aim being something other than personal enrichment;
"User" refers to a Visitor or Member;
"Services" refers to the services and features provided by the Company, including (i) acting as an intermediary between Project Owners and Users via its Internet Platform, managed and designed to help them interact and promote Projects presented on the Site, and (ii) collecting donations made on the Site by Fundoviners to support Project Owners by funding Projects posted on the Site;
"Intellectual Property Rights" refers to all intellectual property rights as defined in the French Intellectual Property Code and national conventions. This includes copyright, trademark law, patents, trade names (and Internet domain names), author rights, design rights, database rights, expertise, whether they are, or can be registered or not, anywhere else in the world;
"Case of Force Majeure or Unforeseen Circumstances" refer expressly to events usually retained by French courts, as well as the following events: war, riot, fire, internal or external strikes, lock-outs, sit-ins at the Company's premises, extreme weather conditions, earthquake, flood, water damage, legal or government restrictions affecting the Service, accidents of all kinds, epidemic, pandemic, illness affecting more than 10% (ten per cent) of Company employees over a period of two consecutive months, power outage, partial or total interruption of Internet access and, more generally, access to private or public telecom networks, as well as all other unforeseen events beyond the control of the Parties and preventing normal use of the Site.
"Business Day" means any day of the week other than Saturday, Sunday or a holiday.
"Follow a Project" describes how Members may keep up to date with progress on one or several Projects, without contributing financially to it. They are informed when a Project Owner publishes latest news about the Project or updates the Project description on the Site.
Generally speaking, each Visitor is obliged to (i) comply with the existing rules and regulations, (ii) behave fairly towards the Company and other Visitors and/or Members, (iii) comply with Intellectual Property Rights relating to content provided by the Company and Members of the Site, (iv) provide only accurate and reliable details with regard to marital status and personal information, and (v) make no commitments with regard to a third party.
In the event of failure to comply with the conditions of access to the Site and/or use of the Services provided on the Site, the Company reserves the right to suspend access to the Site and its Services for the Member concerned. Continued breach of these conditions entitles the Company to terminate this agreement with the Member, and with immediate effect.
Fundovino's role is strictly limited to providing Members with the Services featured on the Site.
The Company therefore acts as an intermediary and the Services offered on the Site are limited to:
- providing Members with the tools to submit, publish and promote a Project to other Members and/or Visitors as well as providing the means to collect and transfer Donations, according to the conditions laid down in Article 14.2 herein;
- managing the technological aspects of the Site and enabling Members, in particular, Project Owners and Fundoviners, to network and interact;
- providing access to the Platform;
- ensuring the correct overall functioning of its Services;
The contractual documents are, in order of priority (high to low):
- online notices.
DURATION - EFFECTIVE DATE - OPPOSABILITY
At any moment, Users may stop using the Services on the Site and close their account. However, they remain responsible for any use prior to its closure.
In its role as intermediary, the Company's liability is limited to the provision of access to its Services.
For this reason, the Company shall not be liable for the following (non exhaustive list):
- difficulties that Users may encounter with their computers, tablets or smartphones or any other means of access;
- difficulties that Users may encounter with their Internet Service Providers or mobile operators.
The Company shall not guarantee any volume of contact between Members, and cannot guarantee any success rate for the Projects funded, since the relationships between Members and overall a Project funding depend on numerous external factors, including (non exhaustive list):
- the quality of information provided by the Project Owner;
- the fact that Members may or may not consult or follow the published Projects;
- the fact that Fundoviners make one or more Donations and the amount of these Donations;
The Company is only bound by a best-efforts obligation to ensure continued Services on the Platform.
The Company cannot guarantee that the proposed Services will be continuous, that there will be no temporary or permanent interruptions or suspensions or that access will remain error-free.
The Company cannot be held responsible for the conditions of use of the Services by Members or for relationships between Members on the Site.
The Company cannot be held liable, except in the case of gross negligence or willful misconduct, for any act or omission, failure to perform its obligations, or partial or delayed performance of its obligations, resulting in any damage or loss suffered directly or indirectly by a Member due to an act or omission by another Member or any other person related to the latter.
The Parties recognize that the definition of unforeseeable circumstances includes hardware breakdowns and technical problems encountered with hardware, programs and software, or on the Internet, including but not limited to interruptions, suspensions or termination of Services.
Using the Site in any other manner entitles the Company to refuse access to the Member Account, delete data and files contained therein, prevent access to such data or files, or block access by the Member to all or part of the Services available on the Site, without prejudice to any damages to which the Company may be entitled.
The Company cannot be held liable for indirect damage or loss suffered by the Member. This includes all immaterial damage such as lost earnings and profits, loss of use, lost or corrupt data, and the expense of replacement goods or services resulting from the use of the Services or data available on the Platform.
The Company shall not be held liable for (i) the malfunction of any Services provided on the Site for incompatibility reasons or for lack of interoperability; (ii) any difficulties or delayed access to the Site features or Member data; (iii) any loss of data, or use of the Platform with hardware or equipment that is incompatible; (iv) any faults, anomalies, errors or malfunctions encountered by the Member while using the Services, and which are not due to a fault, anomaly, error or malfunction intrinsic to the Services themselves (v), more generally, for any damage arising from use of the Platform.
In any case, the Member shall be solely responsible for data exchanges with other Members and for ensuring that data complies with applicable regulations. In case of breach of existing laws and regulations by the Member, the Company may, without prior notice, suspend or terminate the Member's Account.
All information provided by a Member must be entirely accurate, in all material respects, and up to date when published, or where applicable, accurate as of the date it was issued.
The User indemnifies the Company against claims by any party (including Visitors, Members and third parties in general) concerning the reproduction and distribution of such content and information.
Members agree to comply with all applicable legal, regulatory and administrative provisions. Failure to comply with the latter shall result in a breach of the obligations herein, including the provisions of the Evin Law of January 10, 1991 relating to smoking and alcoholism. In particular, the Member reserves all rights to the content and information that it provides to the Company and publishes on the Site.
The Company cannot be held liable for any damage, whether in contract or implied tort, or other, for any act or event occurring after expiry or termination hereof.
The Company has no duty to advise Users. As such, the Company can in no way be held responsible for the consequences of Contributions by donors. In particular, the Company shall not provide any recommendations or assessment of tax matters for Fundoviners and Project Owners. Members agree to seek information about tax obligations that may arise when making or receiving Donations.
The responsibility of each Party shall not be limited in the event of fraud, or death or personal injury caused as a result of negligence by a Party.
The Company reserves the right to sell advertising space on its Platform to a third party and in any form whatsoever.
The Fundovino.com Platform may also feature hypertext links to other websites.
The Company cannot be held responsible for the content or services provided by such external links or for the proper access to these sites and the relationships between Members and the owners of these sites.
The Company does not endorse and is not responsible for the content, opinions, products or services sold on these external sites.
The Company cannot be held liable in any manner whatsoever for damage or loss resulting from the use of such external links.
Visitors and Members acknowledge and agree that the contents of the Platform, including but not limited to text, photographs, videos, software and programs, sounds, music, layout, visual identity, logos, design or any other type of information or media featured on the Site, are protected by their copyrights, trademarks, patents and all other intellectual or industrial property rights in accordance with applicable laws.
Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of the Company, is prohibited and constitutes an infringement of the Company's or its licensors' intellectual property rights.
Accordingly, it is prohibited for Visitors and/or Members to take any action that is likely to cause prejudice, directly or indirectly, to the intellectual property rights of the owner Company or third parties.
Under no circumstances may the Visitor and/or Member use, print or reformat contents on the platform for purposes other than private or family use. Visitors and/or Members agree not to upload, reproduce, send, sell or distribute the Platform's contents. Visitors and/or Members are not authorized to extract Projects published on the Site using any automated processes, and may neither use any part of the data and databases featured on the Company's Platform nor make them available to the general public.
Each Member or Visitor acknowledges that the information and databases available on the Platform are the property of the Company.
It is forbidden for Members to use the Site for commercial purposes, and in general, to offer products and services in exchange for direct or indirect compensation; it is forbidden to "sell" or provide access to the Site and Services to third parties and/or other Members in exchange for payment or free of charge; it is forbidden for Members to publish advertising messages, promotional or sponsorship information in exchange for compensation in any form whatsoever.
MEMBER REGISTRATION AND IDENTIFICATION
Visitors can sign up on the www.fundovino.com Site and become Members by completing all required fields on the registration form available on the Site. Only individuals aged 18 and above, as well as Businesses and Associations are eligible for membership on the Site.
After signing up and creating a personal Member Account, the Member may make Donations to support one or more Projects proposed by Project Owners on the Site.
When all registration conditions have been met, the Member receives a username (or login) and a password that are strictly personal. This information shall neither be disclosed nor shared with third parties. This information is required to log in to the Member Account.
If this information is transferred or used for anything other than its intended purpose, the Company reserves the right to refuse access to the Member Account. The Member is solely responsible for this login information and its use by third parties or for acts or statements, whether fraudulent or not, as a result of access to the Member Account. The Member indemnifies the Company against claims related to such activities.
If a Member wishes to sponsor people and provide the Company with their details, the Member must obtain their express consent for the Company to be able to process their personal data. This data will only be used to contact the people by email, in the name and on behalf of the Member who provided the Company with their details, and provide information about the Company and the Services provided on the Site. Where applicable, the Member shall provide such information freely and on a voluntary basis. He does so under his own responsibility and agrees to notify the Company.
The Password is strictly personal and confidential. Both the Password and Username are required to log in as a Member.
Users agree not to disclose their password to others and are solely responsible for ensuring that this password remains secure and confidential and preventing accidental disclosure to third parties.
When connection to the Site is made using a password assigned to a particular Member, any further use of a Service on the Site shall be attributed exclusively to this Member.
The Company agrees never to send any unsolicited email (spam) requesting password information from its Members. Members agree to be careful to log out of their Member Accounts and close the browser window at the end of a session. This will prevent access by other people to their personal information when access to a computer is shared at work or in a public place, for example in a library or Internet cafe.
The User agrees to inform the Company as soon as he becomes aware of any fraudulent use of his account, username or password.
If Members forget their password, they can click on the "forgot password" link that can be found under the username and password fields. After entering the contact address and sending the request, the Member will receive a new password by email or a link to a page where the password can be reset.
PERSONAL DATA AND COOKIES
The Company complies with the French Data Protection Act and the Site has been registered with the French National Commission for Data Protection and Liberties (CNIL) under the number: 1773661v0
To register on the Site, Members are required to submit a number of personal details.
Members agree to provide only accurate and lawful information.
To have full access to the range of Services provided on the Site, Members are required to register. The Company may also ask its Members for additional information when there are special operations such as customer satisfaction surveys or free games.
The purpose of signing up is to provide the Company with information it requires to enable access to Services on the Site.
The Company and, where appropriate, its technical partners in charge of implementing Services, gathering statistics or improving Service performance on the Site have sole access to Members' personal data.
In accordance with Articles 38 to 40 of Act N° 78-17 of January 6, 1978, Members have the right to access, query, modify, rectify and delete their personal data.
As a result, Members may send a request to rectify, complete, clarify, update or delete any personal information that is inaccurate, incomplete, ambiguous, outdated, or whose use, communication or retention is forbidden.
Members acknowledge that they have the ability to exercise their rights and receive, upon request, information on the processing of their personal data. To do so, they can send a written, signed request, with a photocopy of proof of identity to the following address:
Fundovino – Service Clients – 6 avenue Franklin Roosevelt – 75008 Paris
If the Member requests the deletion of any information used for registration, the Company reserves the right to deny access and use of all or part of the Services.
When an account is closed, for any use as evidence, data concerning the Member may be retained and archived confidentially by the Company for a period fixed by the Company and up until the maximum time limit set forth in Article 2224 of the Civil Code.
Members agree and authorize the Company to disclose any information concerning them to third parties, if such disclosure is reasonably necessary to comply with existing laws and regulations or any other judicial or administrative request, to protect itself or its Users or any other person.
Marketing by email is permitted under the conditions provided by law, as long as information about the recipient has been gathered in compliance with Act N° 78-17 of January 6, 1978.
Members have the free right to refuse that their data be used for such purposes.
Using cookies enables the Company to record certain types of information stored in the hard disk memory of equipment used by Members to access the Site.
A User may block these cookies on the hard disk of his computer by configuring the Internet browser. However, in this case, access to Services on the website may then be limited or even impossible.
INTERMEDIARY ROLE AND NETWORKING
13.1 Presenting Projects
For a Project to be considered by Fundovino for possible promotion on the Site, the presentation must include the Fundraising target, Fundraising Period and details of Compensation or Rewards.
The Project Owner is entirely responsible for the presentation of the Project on the Site and shall ensure, in particular, that this presentation does not mislead Visitors and/or Members. The Project Owner acknowledges that if misleading, incorrect or incomplete information is provided, this may render him liable to the Company and the Members and he assumes full responsibility for the consequences of any omission or negligence in this regard.
13.2 Publishing and promotion on the Site
From the date on which all required Project information is submitted by the Project Owner for publication by the Company, the Company has 5 (five) Business Days to provide the Project Owner with its agreement to publish the Project on the Site.
Projects published on the Site are listed in the Member Account, enabling Project Owners to present an unlimited number of Projects to Visitors and Members on the Site and, where applicable, by email.
Visitors and Members may consult Projects and content posted by Project Owners in their Member Account freely and without charge. The Company informs Members by email when a Project is published.
The Project Owner hereby agrees that the content and information provided may be used freely by the Company, Members and Visitors involved with the Project.
The Project Owner grants the Company (i) the exclusive right to use, for the purposes of marketing and promoting the Site, the name of the Project Owner whose Projects are included on the Site, and the name and characteristics of the Project, for the duration of the present agreement, and (ii) the right to reproduce and arrange for the reproduction of the content and information provided on the websites, as long as the aim of such operations is to promote the Project.
In addition, the Project Owner expressly agrees that the content and information provided may be used on the Site alongside brands or logos belonging to the Company's partners.
13.3 Rearing period
When a project is published on the site, he enters a Rearing period (like any good wine!). The Rearing period is included in the Fundraising period and holds every prerogative of it, except the listing of the project on the site. Once a project has received 5 contributions, he leaves the Rearing period and will then be directly accessible from the site and the categories in which he would have been indexed.
13.4 Project development
At of the end of the Fundraising Period and throughout the Compensation Validity Period, the Project Owner agrees to provide Fundoviners with their Compensation or Rewards.
The Company cannot be held responsible for the actions of Project Owners, who remain solely responsible for the terms agreed with Fundoviners with regard to Donations on the Site.
Project Owners are solely responsible for collecting Donations received via the Site and for organizing the distribution of Compensation rewarded to Fundoviners who contribute to Projects published on the Site. Therefore, any risks involved in the development and organization of a Project, as well as delays and possible cancellations are borne entirely by the Project Owners.
If a Project is cancelled, but the Fundraising target has been reached, the Project Owner agrees, at its sole discretion, to refund contributors to the Project and the Company shall not be liable for reimbursing Donations collected via the Site.
The Project Owner agrees to indemnify the Company against any damage it may suffer, and to protect it against any action for damages that may be brought against the Company by a Member, a Visitor or, more generally, by third parties, for any infringement of rights arising from the publication of a Project on the Site or its implementation.
COLLECTING AND MONITORING DONATIONS
14.1 Collecting Donations
When they sign up, Project Owners may choose to appeal for Donations for one or more Projects published on the Site. Based on the information published on the Site, Fundoviners may choose the Project Owners who will benefit from their Donations and, where applicable, make their Donations to support the development of one or more Projects under the terms set out herein.
The minimum amount of the Target Fundraising for a Project is 100 € (one hundred euros).
Fundoviners are entirely free to choose the Donation amount (minimum amount greater than or equal to 5 € (five euros)) and the Projects that will benefit from their Donations.
It should be noted that the contribution of Donations by Fundoviners should not be construed as establishing any form of contractual relationship between the Fundoviner and the Company. The Company acts as an intermediary between the Project Owner and the Fundoviner for the promotion of the Project.
14.2 Paying Donations
The Company uses the Mangopay system to secure online payments via the Site.
Fundoviners make their payments by credit card (Visa, Carte Bleue, Eurocard and MasterCard) to the aforementioned bank account in order to support Projects on the Site.
The Company, acting as authorized agent, undertakes to pay Project Owners the amounts corresponding to Donations made by Fundoviners on the Site.
If a payment made on the Site is considered as a purchase, it will be subject to value added tax at the applicable rate. The Fundoviner agrees to pay all amounts due, including taxes. The Fundoviner is solely responsible for the payment.
A secure payment server is provided by the Company to ensure that all information on the Site remains confidential. The secure payment server checks the validity of the credit card used, grants authorization for payment and sends confirmation automatically to the Company.
Transaction completion is subject to validation of the payment. To make a Donation, the Fundovinor enters his credit card number via the secure payment server and the payment is debited immediately.
If the Fundraising Target has been reached once the Donation Period has expired, the Donations made by Fundoviners are credited to the Project Owner's bank. If the Fundraising Target is not reached once the Donation Period has expired, the Donations already made are considered as canceled and the Company will refund them in accordance with Article 14.5.
14.3 Invoicing Donations
The Company does not receive any direct commission for Donations from Fundovinors. Such fees are borne by the Project Owner who benefits from the Donations.
For Project Owners who receive the Donations, the fees charged by the Company for its Services are calculated as a percentage of Donations collected on the Site. The percentage applied is 8% (eight per cent) including tax. Service fees are automatically deducted from the Donations collected on the Site when the Company credits the Project Owner's bank account. This payment is made at least 10 (ten) Business Days after the Fundraising Target has been reached and once the required Donation amount has been confirmed by the Company. Once the Fundraising objective has been achieved, the Project Owner receives an invoice via his Member Account.
14.4 Monitoring Donations
The Site provides Fundoviners with information received from Project Owners concerning the launch and progress of Projects they supported and, where applicable, on completion of the Project, it provides results of the Projects funded by Fundoviners.
14.5 Cancelling Donations
Throughout the Fundraising Period, the Fundoviner has the right to withdraw a Donation made on the Site. Once this period expires, the Donation will be considered as permanently awarded to the Project, unless payment is rejected when the Fundoviner's bank account is debited, or if the Fundraising Target is not reached at the end of the Fundraising Period.
If the Project is cancelled during the Fundraising Period or if the Fundraising Target is not reached by the end of the aforementioned period, the Donations will be considered as cancelled and the corresponding amounts will be credited automatically to the Fundoviners' bank accounts.
The Project Owner shall inform the Company and the Fundoviners if a Project is cancelled after the Fundraising Period has expired, specifying the reason for the cancellation. Donations made by Fundoviners on the Site will be considered as cancelled and the Company will refund them within a maximum of 7 (seven) Business Days following cancellation of the Project.
14.6 Tax receipts
Each Member shall ensure full payment of all applicable taxes. This applies to both Donations collected on the Site by Project Owners, and Donations made by Fundoviners to support Projects.
If they receive requests, Project Owners agree to issue and send tax receipts directly to Fundoviners who make Donations on the Site. All Fundoviners must check that they are eligible to receive tax deductions on all or part of Donations made through the Site, in accordance with French legislation. Any claims related to the issue of tax receipts and information featured on these receipts should be addressed directly by the Fundoviner to the Project Owner.
VALIDITY - TERMINATION - SUSPENSION
- the Member is informed of the breach and receives a request to rectify the situation;
- access to Services may be partially or totally suspended;
- access to Services may be terminated.
- by Members, at any time and without notice;
- by Project Owners, at any time and with 30 (thirty) days notice;
- by the Company in the event of interrupted access to the Site or provision of Services, at any time and with 30 (thirty) days notice;
From the effective date of termination of Site membership, access to Services, all publishing of content about the Member and promotion of Projects previously posted on the Site will be stopped immediately and the Member concerned shall no longer have access to his personal Member Account on the Site.
NOTIFICATIONS AND ADDRESSEES
16.1 Method of notification
(a) If addressed to the Company, the document must be sent to:
Julien Worth, Fundovino, 6 avenue Franklin Roosevelt, 75008 Paris, Email: [email protected]
(b) If addressed to Members, the document must be sent to their postal address, or email address, indicating the username and/or first and last name of the person registered in the Member Account
Notifications shall be deemed sent if delivered:
(a) by registered letter with an acknowledgement of receipt: on the date of first delivery by the postal service, the postmark on the receipt serving as proof of the date;
(b) by email: on the date indicated on the message sent, as long as the received message is in readable form.
The Company tracks and stores its user connection history.
Information related to such Service connections is collected and stored in compliance with regulatory time limits.
Information provided or collected by the Company when Services are used is considered as confidential and subject to professional secrecy. This information may not be disclosed to third parties.
This provision shall not prevent the Company from providing such information to comply with applicable laws and regulations and/or in response to all judicial or administrative requests, to protect itself, its Users or any other person.
AGREEMENT ON PROOF
Electronic records held on all IT systems shall be stored under reasonable conditions of security and considered as proof of communication between the parties.
The contractual documents are stored on reliable and durable media that may be produced as evidence.
Shall be considered as force majeure, events usually retained as such by French courts.
The Parties agree to fulfill their obligations in perfect good faith.
The Parties mutually agree that if one of the Parties tolerates a particular situation, this fact shall not grant any rights to the other Party.
Furthermore, such tolerance shall not be interpreted as a waiver of such rights.
The Parties declare the present undertakings to be sincere.
In this respect, they declare that to their knowledge, no element of information, if brought previously to the attention of the other, would have altered the agreement of the other Party.
ASSIGNMENT OF CONTRACT
In case of interpretation issues resulting from a discrepancy between any of the headings of the provisions and the content of any of the provisions, the headings shall be deemed non-existent.
No general or specific term contained in the documents previously sent or provided by the Parties shall be incorporated herein.
SURVIVAL OF PROVISIONS
INDEPENDENCE OF MEMBERS
Members use the Site and Services available on the Site totally independently. Registration and Fundraising on the Site do not constitute any form of subordinate relationship, agency or de facto company, partnership or representation between Members and the Company.
APPLICABLE LAW AND JURISDICTION
However, the application of French Law shall not deprive the User of the protection afforded by the mandatory provisions of laws in the country in which he/she usually resides.
The Site is published by the Company QABB SARL, a Limited Liability Company with a capital of 1,250 Euros, registered at the Trade and Companies Register in Paris under the number 595 802 017. The Company's head office is located at 6 avenue Franklin Roosevelt, 75008 Paris. EU VAT number: FR41 802 595 017
Publications Director: Mr. Jean-François Vandroux
The Site is hosted by Heroku Inc, 650 7th Street – San Francisco, CA 94103 – USA.
For any claims concerning this Site and/or its contents, please send us an email to [email protected] or contact us by phone at +33 826 811 041 (0.15€/mn - additional cost may apply from your provider).
The abuse of alcohol is dangerous for your health, please drink responsibly.
The www.fundovino.com website (hereinafter referred to as the "Site"), is published by the company QABB and uses a technical and banking solution provided by the company MANGOPAY S.A. a public limited liability company incorporated under Luxembourg law, with a share capital of 2.000.000 euros. The Issuer is listed under number B173459 in the Luxembourg Trade and Companies Register. The Issuer is authorised to conduct its business in certain European Member States under the freedom of establishment, as an electronic money institution approved by the Luxembourg Financial Sector Supervisory Commission, whose address is at 110 route d'Arlon L-1150 Luxembourg and whose website is at: www.cssf.lu. You can contact the Issuer at its registered offices, which are at 59 Boulevard Royal, L-2449 Luxembourg, or by email at: [email protected].
Use of the Site is subject to full acceptance of the terms and conditions displayed by the company QABB on their Site as well as unreserved acceptance of the terms and conditions published by MANGOPAY, which together constitute the contract established between MANGOPAY and each User.
For the purposes hereof, the words hereafter are defined as follows:
Account: Means an internal reference allowing the Issuer (i) to identify in its records each transaction involving the purchase, use and reimbursement of Electronic Money carried out on behalf of a User, and (ii) to determine the amount of Electronic Money available to the User at any time. The Account may under no circumstances be compared to a deposit account, a current account or a payment account.
Banks: Credit institutions that hold funds collected by the Issuer corresponding to the Electronic Money in circulation. The institutions selected are currently Barclays, Crédit Mutuel Arkéa and ING Luxembourg. The Issuer reserves the right to select any other credit institution based in a European Union Member State or in a State party to the agreement on the European Economic Area. The current list of the selected credit institutions is available upon request at MANGOPAY S.A.
Business Day: Means between the hours of 9am and 7pm on any calendar day, apart from Saturdays, Sundays and public holidays, in France, Luxembourg and in the host country indicated in the Special Conditions, on which the payment infrastructures of all these countries and the Banks are open for business.
Card: The bank, payment or credit card used by the User to pay to the Issuer the purchase price of the Electronic Money. This card belongs to one of the following networks: Visa, MasterCard, CB, Amex.
Distributor: Means the entity whose contact information is stated in the Special Conditions and who operates the Website. The Distributor prepares, facilitates and advises its customers, for the purpose of concluding the Framework Contract through the Website. It assists the customers for the duration of their relationship with the Issuer within the context of carrying out Payment Transactions, including Purchases and Reimbursements of Electronic Money. To this end, the Distributor provides each User with a dedicated user service for Payment Transactions carried out hereunder. The Distributor does not collect funds apart from those agreed in the Financial Conditions.
Electronic Money: Means the monetary value available at any given time that represents a debt payable by the Issuer to the User. Electronic Money is issued by the Issuer in exchange for the User's delivery of the corresponding funds and constitutes a means of payment exclusively accepted by the Recipients. The Issuer stores the Electronic Money on its server in an Account opened for this purpose.
Financial Conditions: Means the document comprising all the fees paid by the User for the purchase, use and management of Electronic Money, as provided in the Special Conditions of Use.
Framework Contract: Means the General Conditions for the Use of Electronic Money and the Special Conditions for the Use of Electronic Money.
General Conditions of Use of Electronic Money: Means the present document.
General Conditions of the Website: Means the general conditions of use of the Website concluded between the User acting as a customer of the Website and the Distributor, including those conditions governing access to the Website.
Issuer: Means MANGOPAY SA, an issuer of Electronic Money licensed in Luxembourg by the Financial Sector Supervisory Commission under reference n°3812 and entitled to conduct business in the host country indicated in the Special Conditions. The Issuer is on the list of electronic money institutions available at http://supervisedentities.cssf.lu/index.html?language=fr#Home.
Login: Means the data required for the Issuer to identify a User in order to carry out a Payment Transaction, consisting of a user name (valid email address).
Order: Means the instruction given by the User to the Issuer in accordance with the procedure specified in the Framework Contract, for the purpose of carrying out a Payment Transaction and/or Reimbursement.
Payment Page: Means the secure page provided by the Issuer's electronic banking provider.
Payment Transaction: Means the transfer of Electronic Money to the User's designated Recipient on
Recipient: Means the recipient of Electronic Money, being any natural or legal person acting on their own behalf, selected by the User from among the clients of the Website, who receives Electronic Money as part of a Payment Transaction. Any Recipient can also become a User upon acceptance of the Framework Contract, subject to the Issuer's prior approval. In certain cases, the Recipient may also be the Distributor, in accordance with the Special Conditions.
Reimbursement: Means the transfer by the Issuer upon an Order from the User, of cashless payments corresponding to all or part of the available Electronic Money held by him/her, less any costs due.
Special Conditions of Use of Electronic Money: Means the form to be filled out by the User on the Website containing his/her personal data and the applicable Financial Conditions for Electronic Money.
User: Any natural or legal person acting on their own behalf and holding Electronic Money registered in an Account opened in their name, in order to carry out one or more Payment Transactions.
Website: Means the website operated by the Distributor with the aim of selling goods or services to Users or to establish links between Recipients and Users. The address of the relevant Website is indicated in the Special Conditions.
These General Conditions of Use of Electronic Money set out the conditions under which the Issuer will provide You with a means to pay the Recipients that you choose through the Website.
The proposed means of payment must be consistently prepaid by the User and will not be subject to any advance, credit or discount. It is based on the Electronic Money issued and managed by the Issuer.
The Issuer has authorised the Distributor to offer this means of payment to customers of the Website, to facilitate the conclusion thereof and to assist the Users for the duration of their relationship with the Issuer.
These General and Special Conditions of Use of Electronic Money constitute the whole Framework Contract entered into between the Parties regarding the issue, use and management of the Electronic Money issued by the Issuer. The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Framework Contract shall be valid in case of any dispute between the parties.
Necessary preconditions for User registration
Any natural person of at least 18 (eighteen) years of age, with capacity to enter into legally binding contracts, as well as any legal person, resident of or registered in a European Union Member State or in a State party to the agreement on the European Economic Area or an equivalent third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism, can request to open an Account, provided that they are a customer of the Website.
The User, a natural person, will be deemed to be acting exclusively for non-professional purposes.
Registration procedure and procedure for opening an Account
You must provide the Distributor with:
- your surname, name, email address, date of birth and nationality (for natural persons); or
- the name, corporate form, capital, head office address, business description, identities of associates and executives, as well as a list of beneficial owners as defined by the regulations
(for legal persons),
if the Distributor is not already in possession of this information.
You must indicate a Login, consisting of a User name and a password, or connect via your Facebook account. You are solely responsible for the use of your Login and maintaining the confidentiality of your Login. You agree not to use the Account, name or Login of another User at any time, or to disclose Your Login to a third party.
You must protect the secrecy of your Login and password at all times and never disclose it to another person. You must take reasonable steps to keep Your Login and password safe and prevent fraudulent use of Your Account. For example, You should keep information relating to Your Account in a safe place, You should not write down your Login and password and You should take care to ensure that other people do not oversee or hear you using your Login and password.
You agree to immediately inform the Distributor in the event that You suspect any unauthorised use of Your Account or Login.
The Issue reserves the right to immediately suspend or withdraw Your right to make Payment Transactions where: the Issuer has reasonable grounds to believe that there may be a breach in the security of your Account, the Issuer suspects unauthorised or fraudulent use of Your Account or the Issuer is required by law. If the Issuer decides to take such action, the Issuer will notify You in advance, except where this is not possible, in which case the Issuer will inform You at the earliest opportunity. The Issuer will not inform You if it would compromise its reasonable security measures or is otherwise unlawful. If the reasons for the Issuer's actions cease to exist, the Issuer will reinstate Your Account or issue You with new account details as soon as practicable.
After carefully reading the Framework Contract, You must accept it in accordance with the terms specified on the Website and must provide all information and relevant documents requested by the Distributor. By accepting the terms of the Framework Contract, You agree that the Distributor may transmit Your application to register as a User to the Issuer, together with all supporting documents received.
Only the Issuer can accept the Your registration as a User and open an Account in Your name. The Distributor will notify You if the Issuer accepts Your registration in accordance with the terms specified on the Website.
The Issuer may, without stating reasons and with no right to compensation to You, refuse an application to register as a User and to open an Account. You will be notified of this refusal by the Distributor in accordance with the terms specified on the Website.
In addition, the Issuer reserves the right to ask You, before any registration and at any point in the duration of the Framework Contract, for supplementary information and identification data for the purposes of identity checks, as well as any supporting documents that the Issuer may deem necessary.
You confirm upon submission of Your request to register to the Distributor and throughout the duration of the Framework Contract that:
(a) (if You are a natural person) You are at least 18 (eighteen) years old;
(b) You are legally competent to enter into this agreement;
(c) You are acting on your own behalf and not for any other person; and
(d) all information that You provided during registration is true, accurate and up-to-date.
Account use limitations
At the Issuer's discretion, a User who has not provided all the required documents as listed below may be expressly authorised by the Issuer to use his/her Account for the purchase of goods or services up to a limit of 2,500 Euros of Electronic Money held by a User within the same year, provided that this Electronic Money has not been subject to requests for reimbursement exceeding 1,000 Euros per year.
Upon receipt of all the documents listed below and provided that they are deemed satisfactory by the Issuer, the User may initiate reimbursements exceeding 1,000 Euros per year and hold an amount of Electronic Money exceeding 2,500 Euros per year. These Reimbursements will only be granted if the purchase or Reimbursement of Electronic Money is carried out to or from an account opened in the User's name with a payment services provider established in a European Union Member State or in a state party to the agreement on the European Economic Area or in a third country that imposes equivalent requirements regarding money laundering and the financing of terrorism.
The documents required for any User who is a natural person in accordance with the above are as follows:
- A copy of an official and valid identity document1
- And, on request, a proof of residence which is less than 3 months old.
The documents required for any User who is a legal person in accordance with the above are as follows:
- An original or copy of an extract of the official register, less than three months old and stating the name, legal form, head office address and the identities of associates and executives;
- A certified copy of the statutes and any decisions appointing the legal representative
- a copy of the legal representative's identity document1
It is expressly provided that the Issuer retains the right to request at any time additional documents regarding the User, the Recipient, the beneficial owner or any Payment Transaction or Reimbursement.
The Recipient is considered to be the recipient of the funds that have been transmitted by the User. Where appropriate, the Recipient agrees to provide his/her email address, date of birth and nationality, as well as the postal address of the person to whom the Recipient will pay the funds.
Communication between us
The Issuer will contact You using the contact details You provided when You opened Your Account, or any updated contact details You have provided to the Issuer. It is Your responsibility to update the Issuer with any new contact information, including a change in address. The Issuer will send any correspondence to most recent email address or postal address You have provided to the Issuer for Your Account. You must advise the Issuer promptly of any change to Your contact details in the interests of security (including name or address) and provide appropriate supporting evidence required by the Issuer.
You can contact the Issuer by telephone call to the customer service department of the Distributor at the number indicated in the Special Conditions. All contact should initially be directed through the Distributor. If You wish to contact the Issuer directly, please email [email protected]
Operation of the Account
Purchase of Electronic Money
Electronic Money can be purchased by Card (or any other means accepted by the Issuer), in one or more instalments.
To carry out such a transaction, You must Login to the Website and place a money transfer order via the dedicated Payment Page. For any payment, You may be asked to enter a single-use code on the Payment Page, which You will receive on Your mobile phone. By using the Payment Page and, where applicable, entering the single-use code, You are giving Your consent to the Payment Transaction.
The Issuer may refuse any payment at its sole discretion and without giving rise to any right to compensation. The transaction is carried out by Your Card issuer. Any dispute concerning such transfer must be notified to Your Card issuer. The Issuer is not entitled to cancel such a transfer. Notwithstanding the foregoing, You may receive a Reimbursement of Electronic Money in accordance with article 32.4.4.
The registration of Electronic Money in the User's name is subject to the actual receipt of funds by the Issuer less the costs agreed in the Financial Conditions.
In the event that the transfer of funds is cancelled by the Card issuer following a dispute, for whatever reason, the Issuer may, upon receipt of the information, suspend or cancel any Payment Transaction, close the Account concerned, debit, at any time, the Account for the amount of Electronic Money corresponding to the funds of the cancelled transfer and recover the amount due from the User by any means.
Functioning of the Account
The Electronic Money is stored for an indefinite duration on the User's Account by the Issuer under the agreed Financial Conditions.
The Electronic Money purchased is credited to the User's Account, following the receipt of the funds transferred by Card (or any other means accepted by the Issuer). The amount to be credited is equal to such funds less the corresponding costs as provided in the Financial Conditions.
Upon the User's Order, the Electronic Money corresponding to the amount of the Payment Transaction or Reimbursement is debited from its Account and the related costs, as provided in the Financial Conditions.
The Issuer is entitled, at any time, to reimburse an amount of available Electronic Money on the Account equal to the charges due and payable, as provided in the Financial Conditions.
The amount of Electronic Money available on the Account is automatically adjusted based on the Orders transmitted to the Issuer (or in the process of being transmitted), the Electronic Money issued, any charges due and payable and any cancellation of one of the aforementioned transactions hereunder.
The use of Electronic Money to carry out a payment Transaction
Before transmitting an Order, the User must be sure to have a sufficient amount of Electronic Money available to cover the Payment Transaction amount and the related costs as agreed in the Financial Conditions.
Where appropriate, the User must acquire a sufficient amount of Electronic Money in accordance with article 4.1 before an Order can be legitimately transmitted to the Issuer for execution. The Electronic Money may be issued and stored by the User, provided that the corresponding funds are duly received by the Issuer. The Electronic Money may in no way be issued on the basis of a credit granted to the User.
As such, if the amount of available Electronic Money, at the date of execution of the Order by the Issuer, is lower than the amount of the Payment Transaction (fees included), the Order is automatically refused by the Issuer. The information about this refusal is made available to the User on the Website. This refusal may give rise to additional fees in accordance with the Financial Conditions.
The transmission terms of an Order by the User are as follows:
When carrying out a Payment Transaction, the User logs on to the Website by entering his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form should include the following components: the Payment Transaction amount; the currency, which may only be the currency of the Electronic Money; the details required to identify the Recipient; the date of execution of the Order; and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the 'Date of Receipt'.
In certain cases, the User may fill in a single form containing the purchase of Electronic Money as provided in article 32.4.1 and an Order in compliance with the previous paragraph.
Execution of the Order
The Electronic Money is debited from the User Account to be credited to the Recipient Account, following the User instructions. As such, the Recipient may open an Account in accordance with article 3.2 in order to receive the Electronic Money if he/she is not already a User. Where appropriate, the funds corresponding to the Electronic Money transferred to the Recipient can be directly reimbursed to a bank account or a payment account opened in the name of the Recipient upon the receipt by the Issuer of the relevant account details. For this purpose, the Recipient must provide the IBAN number and SWIFT code of his/her bank or payment account as well as his/her address. This account must be opened by a bank or a payment institution, based in a European Union Member State or in a State party to the agreement on the European Economic Area.
It is agreed between the Parties that the Payment Transaction will be executed, at the latest, on the next Business Day following the Date of Receipt if the Recipient has an Account. If the Recipient does not have an Account, the Payment Transaction will be executed as soon as an Account is opened or on the date the Issuer receives the bank or payment account details of the Recipient to whom the funds are due.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
Transmission and execution of an Order for Reimbursement
When the User wishes to transmit an Order for Reimbursement, the User identifies him/herself on the Website by indicating his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form must contain the following components: the Reimbursement amount, the currency, which may only be the currency of the Electronic Money, the date of execution of the Order and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the 'Date of Receipt'.
The Reimbursement of electronic money purchased by Card by a User will occur by crediting the Card used by the User to purchase such Electronic Money.
Where applicable, the Reimbursement will be carried out by money transfer to the bank account or payment account of the User (using the details for the relevant bank account or payment account already provided by the User to the Issuer ('Date of Notification'). It is agreed between the Parties that the Reimbursement will be carried out, at the latest, on the next Business Days following the Date of Receipt or the Date of Notification as appropriate.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
Withdrawal of an Order
An Order may not be withdrawn by the User after the date on which it is deemed irrevocable as indicated above.
Login objection, Transaction dispute and Reporting
The User must inform the Distributor of the loss or theft of his/her Login, or misuse or unauthorised use of his/her Login or data as soon as he/she becomes aware of this fact in order to request that the Login be blocked. Such a declaration should be made:
- by telephone call to the customer service of the Distributor at the number indicated in the Special Conditions;
- directly by email through the contact form available on the Website.
On receipt of the notification, the Issuer, through the Distributor, will immediately block Your Account. The event will be recorded and time stamped. A time stamped objection number will be communicated to the User. A written confirmation that Your Account has been blocked will be sent to You by the Distributor by email. The Issuer is responsible for the file at an administrative level and retains all the data for 18 (eighteen) months. Upon written request by the User and before expiration of such a deadline, the Issuer will communicate a copy of this objection.
The Issuer and Distributor shall not be held liable for the consequences of any request to block Your account that is made by a person who is not the User.
An objection request is deemed to be made at the date and hour of its actual receipt by the Distributor. In case of theft or fraudulent use of the Login, the Issuer is entitled to request, through the Distributor, [a receipt or a copy of the complaint][information about the circumstances leading to the alleged theft or fraudulent use from the User who undertakes to respond as soon as possible.
For any claim concerning Payment Transactions or Reimbursements executed hereunder by the Issuer, the User is advised to consult the customer service department of the Distributor or the address indicated for this purpose in the General Conditions of the Website.
If You notify the Issuer that the Issuer has incorrectly executed an Order, the Issuer will refund the amount of the incorrectly executed Payment Transaction and the Account will be restored to its former state before the receipt of the Order without undue delay. The Order is then resubmitted correctly.
A User who wishes to dispute a Payment Transaction not authorised by him/her shall contact the customer service department of the Distributor by telephone (contact details shown on the Website) as soon as possible after becoming aware of the anomaly and within 13 months of the date of the Account registering the Payment Transaction. After validation of the legitimacy of the request, the Issuer will immediately arrange for the refund of the amount of the unauthorised Payment Transaction and restore the Account to the amount it would contain if the disputed transaction had never been executed, including any interest and related charges.
In the event of loss or theft of Your security information (Login and password), or where You have failed to keep your security information safe, You may be responsible for unauthorised transactions carried out before notification of the dispute, up to a maximum of 50£. However, You may be responsible for a greater amount if You have acted fraudulently, have not used your Account in accordance with the Framework Contract or otherwise through Your fault. Except where You have acted fraudulently, You will not be responsible for any losses incurred in respect of unauthorised Payment Transactions arising after you have notified the Issuer of the lost, theft, misappropriation or authorised use of your Account details.
The User may dispute an authorised transaction whose exact amount is undefined or those whose final amount is not that which he/she could have reasonably expected taking into account his/her profile, previous expenditures and the Framework Contract conditions. This request must be submitted to the Issuer within 8 weeks of the execution of the Order on the Account. The Issuer must reimburse the User within a period of 10 Business Days after receipt of the request, if the latter proves justified, taking into account applicable laws, and whether the request consists of all the components necessary for examination by the Issuer. The Issuer reserves the right to refuse such a reimbursement, which will be explained and notified to the User. The latter will provide the necessary information in order to determine the circumstances of the Payment Transaction. The Issuer reserves the right not to reimburse the fees resulting from the Payment Transactions concerned. The fees indicated in the Special Conditions may be collected in the case of a non-justified Payment Transaction dispute.
The User may access, at any time, on its personal page on the Website, the indicative amount of Electronic Money available on his/her Account.
The User has, on his/her personal page on the Website, a statement of Payment Transactions carried out on the Account. The User is advised to pay careful attention to the list of these Transactions.
The Issuer shall make available to the User upon written request a monthly statement of the Account, covering the 13 previous months.
Amendment of the Contract
The Issuer reserves the right, at any time, to amend the General Conditions of Use of Electronic Money. Such amendments will be sent by email to all Users at least two (2) months' before they take effect.
If You are not happy with any amendments that the Issuer plans to make to the General Conditions of Use of Electronic Money, You can terminate the General Conditions of Use of Electronic Money immediately and without paying a charge. If You do not end the General Conditions of Use of Electronic Money before the proposed amendments take effect, the Issuer will consider that You have agreed to the amendments. The relationship between the Parties after the date the amendments come into force shall be governed by the new version of the General Conditions of Use of Electronic Money.
It is therefore important that the User reads his/her emails and regularly reads the General Conditions of Use of Electronic Money available on the Website at any time.
The Issuer undertakes to provide its services in accordance with the applicable and professional laws and regulations. In particular, the Issuer will make every effort to ensure the security and confidentiality of the User's data, in compliance with current regulations in force.
The Issuer reserves the right to temporarily suspend access to the Account on line for technical, security or maintenance reasons, without these operations being eligible for any compensation. The Issuer will limit this type of interruption to a necessary minimum.
The Issuer cannot, however, be held liable to the User for possible errors, omissions, interruptions or delays produced by the Website resulting in an unauthorised access to the latter. Nor can the Issuer be held liable for thefts, destruction or unauthorised communications of data arising from unauthorised access to the Website. In addition, the Issuer will not be involved in the existing legal relationship between the User and the Recipient of the Payment Transaction. The Issuer cannot be held liable for faults, wilful default or negligence of the User or Recipient towards each other.
The Distributor is solely responsible for the security and confidentiality of the data exchanged within the framework of the use of the Website, in accordance with the General Conditions of the Website. The Issuer is responsible for the security and confidentiality of the data that it exchanges with the User within the context of these General Conditions of Use of Electronic Money in respect of the creation and management of the Account, as well as the Payment Transactions associated with the Account.
Limitation of Issuer liability
The Issuer will not intervene in any way in the legal and commercial relationships and any litigation arising between the Recipient and the User. The Issuer has no control over the compliance, security, legality, characteristics and appropriateness of the products subject to a Payment Transaction. In this respect, it is up to the User to obtain all useful information before proceeding to the purchase of a product or service, the collection of funds or any other transaction, in full knowledge of all the considerations involved. Any transaction carried out by the User gives rise to a contract directly formed between him/her and the Recipient(s) with whom the Issuer has no contact. The Issuer cannot, under any circumstances, be held liable for the non-performance or poor execution of obligations that may result, or possible damages caused to the User in this respect.
If the Issuer fails to comply with the Framework Contact, the Issuer is responsible for any loss or damage You suffer that is a foreseeable result of the Issuer breaching this contract or failing to use reasonable care and skill when providing its services under the Framework Contract, but the Issuer is not responsible for any loss or damage that is not foreseeable or which is not caused by its failures. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Issuer and You knew it might happen.
You acknowledge and agree that the Issuer will not be responsible to You for any loss or damage You suffer in connection with the use of the Issuer's service where such loss or damage is caused by Your acts or omissions or by those of a third party including, but not limited to:
(a) Your failure to provide the Issuer with accurate, complete and up to date information; or (b) You losing or allowing third parties to gain access to your Login and password.
The Issuer will take reasonable care to ensure that any data it holds in relation to You and Your Accounts is secure. However, You acknowledge and agree that a service provided via the internet cannot be completely secure and the Issuer will only be responsible to You for loss or damage to Your data to the extent that it is caused by the Issuer's failure to take such reasonable care.
Whilst the Issuer will use its reasonable efforts to make sure that its service is available to You when You want to use it, the Issuer makes no promise or guarantee that its service will be uninterrupted or error free and the Issuer will not be responsible to You for such errors or interruptions.
The Issue will not be responsible to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
The User guarantees that no part of its profile on the Website will harm the rights of third parties or is contrary to the law, to public order or to accepted principles of morality.
The User undertakes not to:
- Execute the Framework Contract in an illegal manner or in conditions that are likely to damage, deactivate, overload or impair the Website;
- Assume the identity of another person or entity, falsify or conceal his/her identity or age, or create any false identity; or
- Disseminate personal data or information concerning a third party, such as postal addresses, telephone numbers, email addresses, bank card numbers etc.
In the event of User default, the Issuer reserves the right to take any appropriate measures in order to stop the relevant actions. The Issuer will also be entitled to suspend and/or block access to the Account.
Duration and Termination
The Framework Contract is concluded for an unlimited period. It is applicable from the date of receipt by the User of the email from the [Issuer] confirming his/her registration with the [Issue].
The User can terminate the Framework Contract at any time on 30 (thirty) calendar days' advance notice to the Issuer. The Issuer can terminate the Framework Contract at any time on two months' advance notice to the User.
Such termination shall also constitute the termination of the entire Framework Contract and consequently the closure of the Account.
To terminate the Framework Contract, the terminating Party shall transmit a notice of termination to the other Party by registered letter with proof of delivery to the postal address indicated in the Special Conditions.
The User shall indicate his/her bank or payment account details in the termination letter enabling the Issuer to reimburse him/her with the available Electronic Money. In the absence of such information, the Issuer shall follow the Reimbursement instructions entailing the Reimbursement by credit to the Card used for the purchase of Electronic Money. The Issuer has no further obligations after having confirmed with the User the transfer to the bank account indicated or the credit to the Card of the amount of the Electronic Money.
In the event of gross default, fraud or lack of payment on the part of the User, the Issuer reserves the right, without cause or prior notice, to suspend or terminate these conditions by sending an email accompanied by a registered letter with proof of delivery.
In the event that a successor to the Issuer is nominated to issue the Electronic Money distributed on the Website, it is the responsibility of the Distributor to obtain the User's express written consent to this change, about the amount of Electronic Money available and to indicate the arrangements for the transfer of funds corresponding to the available Electronic Money to the Issuer.
It is envisaged that the Framework Contract will be automatically terminated in the event of new circumstances affecting the ability of one Party to commit to these conditions.
Right of Cancellation
The User has a period of 14 (fourteen) calendar days to cancel the Framework Contract, without having to either justify any reason or sustain any penalty. This deadline for cancellation shall start from the day of the User's registration.
The User must notify its decision to cancel within the prescribed deadline to the Distributor's customer service department by telephone or email and send a letter of confirmation to the address of the customer service department of the Distributor. In respect of the exercise of a right of withdrawal by the User, the Framework Contract will be cancelled without any fees charged to the User.
In the event that a User has already benefited from the service and is in possession of Electronic Money at the date of the withdrawal, he/she must transmit his/her bank account details to the Distributor in order to allow the Issuer to reimburse the User with Electronic Money.
Anti-money laundering and terrorism financing
The Issuer is subject to applicable legislation regarding the combating of money laundering and the financing of terrorism. As a result, the Issuer must obtain information from any User, for any transaction or business relationship, of the origin, purpose and destination of a transaction or opening of an Account. In addition, the Issuer must take all the steps necessary to identify the User and, where appropriate, the Recipient owner of the Account and/or any Payment Transactions linked to the Account.
The User recognises that the Issuer can, at any time, stop or delay the use of a Login, access to an Account or the execution of a Payment Transaction or a Reimbursement in the absence of sufficient information pertaining to its purpose or nature. He/she is informed that a transaction carried out within the framework of these conditions may be subject to the national financial intelligence unit's right to disclosure.
The User can, in accordance with the legislation, access all of the information disclosed, provided this right to access does not undermine the purpose of the fight against money laundering and terrorism financing of terrorism, where this data concerns the applicant.
No prosecutions or civil liability actions can be brought or any professional sanction taken against the Issuer, its managers or employees who have reported their suspicions in good faith to the national authority.
Personal data and professional secrecy
The User's personal data provided in connection with the opening of the Account, is used by the Issuer for the purposes of managing his/her Account, Payment Transactions and Reimbursements.
The User agrees that his/her contact details and personal information obtained by the Issuer in connection with the Framework Contract may be transmitted to operational providers, with whom the Issuer has a contractual relationship, with the sole purpose of executing Payment Transactions and providing the services under the Framework Contract, provided that these third party recipients of personal data are subject to regulations guaranteeing a sufficient level of protection. The list of the third party recipients of the User's data is available upon request from the Issuer's compliance manager at the following address: [email protected]. This information is stored by the Issuer or by any company authorised to do so in accordance with legal and regulatory rules.
The User will be informed prior to any transfer of his/her personal data outside the European Union. In such a case, the Issuer undertakes to respect the regulations in force and to put in place any measure necessary in order to guarantee the security and confidentiality of data transferred in such a way.
Certain information collected and held by the Issuer thereunder may give rise to the rights of access and correction. Any User may, at any time, obtain a copy of the information pertaining to him/her upon request addressed to the Issuer's customer correspondent at the following address: [email protected]. He/she may request the deletion or correction of this information by letter to the Issuer at the address found at the beginning of this document. The User may, at any time, object to receiving commercial solicitations, amend his/her contact details or object to their disclosure by sending a notification by registered mail or e-mail to the customer service address of the Issuer.
The Issuer will store the personal information and data for a maximum legal or regulatory period applicable depending on the purpose of each type of data processing.
Any Account that is inactive for a period of 12 (twelve) months will receive a notification of inactivity by email from the Issuer followed by a reminder a month later.
If there is no response or use of available Electronic Money within this period, or in the event of the death of the User, the Issuer may close the Account and keep it active for the sole purpose of the Reimbursement of Electronic Money. The right of Reimbursement may be subject to time limits pursuant to the law of the residence of the User, with such time limits starting from the last transaction on the Account. In the event of death, the Electronic Money can only be reimbursed to the User's assignee.
An Account that has been closed will not permit the further use of Electronic Money.
Events Outside The Control of a Party
Neither Party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under the Framework Contract that is caused by an Event Outside The Control of a Party.
An Event Outside The Control means any act or event beyond a Party's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Independence of contractual provisions
If any of the provisions of the Framework Contract is held invalid or unenforceable, it shall be deemed deleted and will not invalidate the other provisions.
If one or more of the provisions of the Framework Contract lapses or is declared as such under any law or regulation or following a final decision of a court of competent jurisdiction, the other provisions will retain their binding force and scope. The provisions considered null and invalid would then be replaced by provisions closest in scope and meaning to those initially agreed.
Protection of funds
The collected funds are protected against any claims from other creditors of the Issuer, including in the event of enforcement proceedings or insolvency proceedings against the institution.
The User's funds are deposited at the end of each Business Day into an account opened with a Bank and are ring fenced by the Bank.
The Framework Contract cannot be subject to a complete or partial transfer by the User, whether against payment or free of charge. It is therefore forbidden to transfer to a third party any rights or obligations that the User owns hereunder. In the event of breach of this prohibition, in addition to the immediate termination hereof, the User may be held liable by the Issuer.
The services offered hereunder are charged by the Distributor on its behalf and on the behalf of the Issuer in accordance with the Financial Conditions.
The Fees due by a User to the Issuer may be paid with available Electronic Money (stored on the User Account) reimbursed at the Issuer sole discretion.
Agreement of proof
All data held in a permanent, reliable and secure manner in the computer database of the Issuer relating, in particular, to Orders and confirmations received by the User, notices sent, access, withdrawal and Reimbursement will prevail between the parties until proven otherwise.
Complaints and arbitration
The User is invited to send any complaint to the customer relations service indicated in the Special Conditions and on the Website.
Any complaint other than as provided in article 5.2 concerning the conclusion, execution or termination of the Framework Contract and services for the issue and management of Electronic Money shall be notified by email (and without any failure or undeliverable messages) to the following address: [email protected]
If the User believes that the response provided is unsatisfactory, or in the absence of a response within one month after sending the email, he/she may refer the complaint to the Luxembourg Financial Sector Supervisory Commission by post at 110 route d'Arlon L-1150 Luxembourg or by email: [email protected].
Applicable law and competent jurisdiction
The Framework Contract is governed by the laws of England and Wales. You and the Issue agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident outside England, You may also bring proceedings in Your local courts.