GENERAL CONDITIONS OF USE FOR THE OKPAL SITE IT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THE GENERAL CONDITIONS OF USE FOR THE SITE. IN ACCEPTING THESE, YOU UNDERTAKE TO RESPECT THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND DO NOT WISH TO RESPECT THEM, YOU SHOULD NOT ACCEPT THEM AND WILL NOT THEN BENEFIT FROM THE SERVICES PROPOSED BY THE COMPANY ON THE OKPAL SITE.
Last update: 15 March 2016
The Company ULULE SAS, a simplified joint stock company with a share capital of €253,061, registered in the Paris trade and companies register under number 794 710 830, having its head office at 8 rue Saint Fiacre, 75002 Paris, France (hereinafter "the Company") publishes and manages a website under the OKPAL brand, which can be accessed on the Internet at this address: http://www.okpal.com (hereinafter "Okpal" or "the Site"), with the following purposes:
- to present web users with Fundraising Projects that seek financing;
- to provide an intermediation service between Fundraisers and web users via the Site managed by the Company in order to facilitate their interaction;
- to enable Fundraisers to post on Okpal one or more Fundraising Projects for which they are seeking financial contributions;
- to propose that web users become Site Users and provide financial support to one or more Fundraising Projects by paying a Contribution.
Okpal acts as an intermediary between Site Users who wish to participate in financing for Fundraising Projects and Fundraisers seeking financial contributions intended to finance their Fundraising Projects.
The purpose of these General Conditions is to define the conditions and procedures for providing these Services to Site Users. The use of Okpal or services provided on Okpal implies the full acceptance of these General Conditions of Use by Users, including the stipulations of any notices applicable to the site.
Article 1. Definitions and scope of application
1.1 General Definitions
The definitions below have an identical meaning whether used in the singular or plural.
"Fundraising Project": any fundraising project launched on Okpal by a Fundraiser and published on the Site according to the General Conditions of Use.
"Commission": the payment due to the Company, deducted from the Contributions collected by the Fundraiser in exchange for the intermediation service provided.
"Personal Account": a User's personal space on the Site. This space can only be accessed by entering the User Identification and gives access to the Services provided by the Company. It also enables Users to view and modify their own personal information.
"General Conditions": these General Conditions of Use of the Site, applicable to Visitors, which can be viewed on the Site by all Visitors, and to which they must agree in order to become Users.
"Contributor": a User who has registered on the Site and/or who wishes to support one or more Fundraising Projects proposed on the Site by making Contributions to Fundraising Projects.
"Contribution": any cash sum collected by a Fundraiser via the Site in view of financing one or more Fundraising Projects proposed on the Site.
"Fundraiser": any natural person or legal entity registered on the Site to present and promote one or more Fundraising Projects with the aim of obtaining financing through Contributions collected from web users via the Site.
"Intellectual Property Rights": all Intellectual Property Rights as stipulated by the Intellectual Property Code and national agreements, including royalties, associated rights for performing artists and phonographic and video graphic producers, brand rights, patents, trade names (including Internet domain names and email addresses), copyrights, moral rights, rights over all models, rights over all databases and know-how, whether or not registered or which may or may not be registered, existing in any part of the world.
"User Identification": the information required for the identification of a User by the Issuer, consisting of a User name (valid email address) and password.
"Working day": a calendar day, excluding Saturdays, Sundays and public holidays in mainland France.
"Okpal" or "the Site": the community website accessible on the Internet at the address http://www.okpal.com, the exclusive property of the Company, whose purpose is to enable Fundraisers to create and promote their Fundraising Projects, and Contributors to contribute their financial support to these Fundraising Projects, through Contributions carried out via the Site.
"Party": depending on the case, the Company and/or any User who has agreed to the application of the General Conditions; "Parties" designates all of these.
"Service(s)": all the Services proposed on the site whether or not for payment.
"Company": ULULE, a simplified joint stock company with a share capital of €253,061, registered in the Paris trade and companies register under number 794 710 830, having its head office at 8 rue Saint Fiacre, 75002 Paris, France.
"Transaction": a transaction concluded by a User according to the conditions indicated in the Site's General Conditions of Use giving rise to a payment operation.
"User": all Fundraisers and Contributors registered on the Site, provided that they have previously agreed to the General Conditions.
"Visitor": any person who visits the Site to view the content and information published on the Site without being registered, or prior to being registered on the Site as a User.
1.2 Scope of application
These General Conditions of Use (hereinafter "the General Conditions") apply unreservedly without restriction to all the Services proposed by the Company on its Site, notably accessible at the address www.okpal.com, with the exception of specific conditions applicable to certain Services.
These General Conditions take precedence over any other general or special conditions not expressly approved by the Company.
Registration for Services is solely reserved for Users who have previously taken note of the General Conditions of Use in their entirety and have accepted them unreservedly.
Users declare and acknowledge having read the General Conditions of Use in their entirety.
These General Conditions of Use take effect from their publication on the Site and remain in force until their partial or total modification by the Company.
The General Conditions of Use are regularly updated and thus subject to change. In view of possible extensions and improvements to the operation of the Site, the Company reserves the right, at any time, to adapt or modify the scope of services offered via the Site. The Company reserves the right to unilaterally alter the General Conditions of Use at any time without notice.
The new characteristics will be put online on the Site so that Users and Fundraisers can take note of them. It is thus the Users' responsibility to view and accept the General Conditions of Use whenever they make a Contribution, notably to be aware of the current provisions. Every use of the Services proposed on the Site by Users implies their acceptance of the latest version of the General Conditions of Use published on the Site.
Article 2. Conditions for accessing and registering on the Okpal Site
2.1 Consent and capacity
Registration is carried out by completing an online form. Once the form is completed and validated, the Site sends an email confirming the web user's application. When registering, Users and Fundraisers undertake to provide accurate information, and must fill in all the mandatory fields in the registration form.
Users who are natural persons must be of age and have the legal capacity to sign contracts.
Representatives of Users that are legal entities must certify that they hold all the rights necessary to conclude this contract in the name of the legal entity they represent.
The Company must accept Users' registrations. In this respect, the Company notably reserves the right to refuse the registration of any Users who do not fulfil the conditions of good conduct, or who oppose the values and ethics the Company endeavours to uphold, without the latter being obliged to give a reason for this refusal.
The Company is the sole decision-maker as regards the registrations it accepts, without any possible recourse or indemnification of any kind.
Users undertake not to create or use other accounts than the one initially created, whether under their own identity or that of a third party. Any exemption to this rule must be requested explicitly by the User, and must be expressly and specifically authorised by the Company. The fact of creating or using new accounts under their own or a third party's identity without having requested and obtained the Company's authorisation could entail the immediate suspension of a User's account and all associated services.
Users guarantee that the information they communicate on the site are true, accurate and not misleading. They undertake to inform the Company promptly if there is any change in the information communicated when they registered, and if need be, to make the changes themselves in their personal space.
2.2 User Identification and password
When they have created their accounts, Users choose or are allocated a User Identification and password (hereinafter "User Identification") enabling them to access their personal space. This User Identification is personal and confidential. It can only be changed at the User's request or on the Company's initiative.
Users are solely and entirely responsible for the use of User Identification concerning them and undertake to make every effort to keep it secret and not to disclose it to anyone in any form for any reason.
Users will be held liable for the use of their User Identification by third parties and for actions or declarations made via their Personal User Accounts, whether or not these are fraudulent, and shall hold the Company harmless against any demands in this respect
Furthermore, as the Company does not have the obligation or the technical means to check on the identity of people registering on the Site, it may not be held responsible in the event that a User's identity is usurped. If Users have any reason to suspect that someone is fraudulently using elements of identification or their account, they should inform the Company immediately.
In the event of loss or theft of User Identification concerning them, Users are responsible for any harmful consequences arising from such loss or theft. They should use the process for altering their identification as soon as possible.
If they become aware that another person has accessed their Personal Account, Users should immediately inform the Site manager by mail at this address: , and confirm this information by registered letter to the following address: ULULE SAS, 8 rue Saint Fiacre, 75002 Paris, France.
Any fraudulent use of the Site or use that infringes these General Conditions will justify a User being refused access to the services or other functions of the site at any time.
Article 3. Conditions Applicable to Fundraisers
3.1 Nature of the Services provided to Fundraisers
The Site enables Users who so wish to present their Fundraising Projects in order to create and disseminate a Fundraising Project and have it financed on the Site.
In this respect, the Company only takes action as a technical intermediary, by providing Fundraisers with an online platform enabling them to create, disseminate and promote Fundraising Projects on a web page or several pages dedicated to this Project.
3.2 Presentation of Fundraising Projects
Fundraisers who so wish can create a project in view of obtaining Contributions.
The characteristics and parameters of a Fundraising Project are not reviewed by the Company before this is put online, so it cannot guarantee the accuracy of the information presented by the Fundraiser. The Company does not perform any analyses to check the accuracy of the information presented in the public description of a Fundraising Project. Only the Fundraiser who created the project is responsible for this description and the accuracy of the information presented in it.
It is the responsibility of Fundraisers to ensure that they have all the rights required to publish a Fundraising Project on the Site and that they comply with all the laws and regulations applicable as regards the publication and promotion of the Project concerned.
In particular, Fundraisers may not create Fundraising Projects that infringe current laws and regulations, jeopardise the human dignity or privacy of another person, contravene moral standards, or incite or lead to an illegal activity or any other activity that violates the rights of the Company and its co-contractors, of other Users and more generally of any third party.
Fundraisers are entirely responsible for the presentation of a Fundraising Project published on the Site and must notably ensure that this presentation does not mislead Users.
Fundraisers acknowledge that the provision of misleading, incomplete or erroneous information may incur its liability with regard to the Company and Users and thus assume entire responsibility for consequences arising from any omission or negligence in this respect.
In the event of the death or incapacity of a Fundraiser, or an accident or any other event making it impossible for the latter to manage the Fundraising Project, the Company is authorised to suspend any Fundraising Project under way.
More generally, the Company may, at its discretion, cancel an ongoing Fundraising Project and delete a Fundraising project if it becomes aware that a Fundraiser has infringed these Conditions. In this event, all Contributions registered will be immediately cancelled and the Contributors concerned refunded, and the Fundraiser may not lay claim to the sums collected.
Fundraisers are requested to update their Projects regularly and to share with other Users all information and the latest news about the Fundraising Projects for which they have raised funds, together with any actions carried out.
3.3 Promotion on and outside the Site
Through these Conditions, Fundraisers agree that the content and information provided can be freely used by the Company for the purpose of promoting a Fundraising Project.
Thus Fundraisers exclusively transfer to the Company at no cost, for the entire world and for the duration of these Conditions, the rights indicated below, to enable the Company to provide the Service in the form of dissemination on the Internet, networks and mobile telephony and/or any other current communication network open to the public.
In this respect, Fundraisers transfer the following rights to the Company:
- to use their names together with the name and characteristics of Fundraising Projects as part of their communication and promotion of the Site;
- the right to reproduce and have reproduced the content and information provided on the Site on any network, using any process, in any form, known or unknown, whether or not in association with other works of any kind, if these uses are carried out in connection with promoting a Fundraising Project;
- to represent or have represented all or part of the content of a Fundraising Project;
- to adapt or have adapted all of part of the content of a Fundraising Project.
In addition, Fundraisers expressly authorise the Company to promote and/or advertise a Fundraising Project, and to disseminate advertising, commercial and/or promotional messages relating to products or services of third parties with the content.
Fundraisers also expressly agree that the content and information provided can be exploited on the Site with the presence of brands or logos of the Company's partners.
3.4 Obligations of Fundraisers
If they undertake to perform certain actions relating to their Fundraising Project, such a commitment being described in the description of the Project, for example, then Fundraisers undertake to fulfil their commitments to Contributors.
Fundraisers undertake not to make any illicit commitments, notably of a sexual, racist, discriminatory, libellous, insulting or xenophobic nature or any that incite others to violence, violate the image of third parties, jeopardise public order or decency, go against the law, infringe professional secrecy, brand ownership or rights, patents or any other intellectual or industrial creation belonging to third parties, or are dangerous or falsified.
If Fundraisers are unable to meet any commitments they have made to their Contributors, they acknowledge that they are solely responsible for any legal consequences (for example, if Contributors consider that they have been wronged), and accept that the Company can in no way assist them.
Fundraisers expressly acknowledge that they are solely responsible for accounting, tax and social matters relating to Fundraising Projects, including sums received via the Company.
The Company is not responsible for the actions of Fundraisers, who remain solely responsible for the terms binding them to Contributors as regards Fundraising Project Contributions via the Site.
Fundraisers are solely responsible for the collection of Contributions, which they organise via the Site, and for any commitments they make in the context of Fundraising Projects presented on the Site.
Fundraisers can organise reimbursements at their sole discretion. The Company is not responsible for reimbursements which have or have not taken place in connection with the collection of Contributions.
Article 4. Conditions applicable to fundraising services and the monitoring of Contributions
4.1 Collection of Contributions
Contributors are entirely free as to the amount and allocation of their Contributions.
In agreeing to these conditions, Contributors declare that the source of funds they use on the Site is not illegal, and undertake not to use the latter for an illegal or fraudulent activity, notably money laundering.
It is reminded that the Company only acts as an intermediary between Fundraisers and Contributors in the context of Fundraising Projects.
Consequently, Contributors cannot seek the company's liability if Fundraisers fail to meet their obligations.
4.2 Payment of Contributions by Contributors
It is stipulated that the Company receives no commissions from Contributors on the Contributions raised, which are paid by the Fundraisers.
Contributions are paid using one of the means of payment proposed for the Fundraising Project concerned: for example, via a bank card, and/or Paypal, and/or payment by cheque, and/or any other means of payment already proposed on the Site or which may subsequently be added to the service.
Payment by bank card
Okpal.com uses the services of Leetchi Corp. SA via the Mangopay solution, for all money transfer services via a bank card and direct debit denominated in euros. When you support a Fundraising Project or create any Fundraising project, you thus accept the conditions of use for the payment systems available on Okpal, including those of Mangopay.
All Mangopay's conditions of use are appended to this document and form an integral part of the General Conditions of Use of the Okpal site.
4.3 Management of Contributions
A Contribution made using a bank card is immediately debited from the Contributor's account and immediately credited to the Collected Funds of the Fundraising Project concerned, and from then on cannot be refunded to the Contributor.
In the event of a dispute, the Contributor will have to take action against the Fundraisers.
Contributors acknowledge and expressly agree that the Company will communicate information on their identities and addresses to the Fundraisers, notably to enable Fundraisers to thank their Contributors and keep them informed about actions connected with their Fundraising Projects.
4.4 Commissions in exchange for the intermediation Service and transfer of sums collected
Access to the site is free.
The Company receives a commission on the funds raised through Fundraisers' Fundraising Projects, which is due and calculated when the Fundraiser applies for a transfer of funds to its bank account.
With Fundraisers receiving Contributions, the costs of the Services provided by the Company are calculated as a percentage of the amount of Contributions raised via the Site.
The percentage applicable is 4.17% excluding tax.
This commission is taken directly by the Company from the Funds Raised before these are paid to the Fundraiser.
VAT applies at the rate in force on the day when the funds raised are transferred, and depends on the Fundraiser's location. The services provided by the Company ULULE SAS are considered as electronic services according to EU legislation, and so the VAT rate applicable when Fundraisers are private individuals depends on their location.
Since 1 January 2015, service provisions delivered electronically have been taxable in the place of consumption when the services are provided by parties liable for tax, whether or not established in the European Union (EU), to persons who are not liable for tax ("consumers") whose domicile or usual residence is in EU territory. Electronic services are thus taxable at the current VAT rate in the member state where the consumer is domiciled (for example, 20% for a private Fundraiser based in France, which results in a commission rate of 5% including tax).
This transfer takes place no later than 12 working days after the expiry of the Fundraising Period, if the Fundraiser has indicated all the information required to transfer the sums (notably bank details) and provided all the identification data required for transferring the funds (full details of account, copy of identity papers, etc.).
4.5 Taxes on funds raised and the issue of tax receipts.
It is the responsibility of all Users to pay any applicable dues or associated taxes, whether on Contributions collected via the Site as Fundraisers, or on Contributions made by Contributors in support of the Fundraising Project.
The Company may under no circumstances replace them in this respect or even advise them as to the nature and details of their obligations.
Fundraisers are in charge of drawing up and directly transmitting to Contributors any tax receipts attesting to the payment of Contributions via the Site.
It is the responsibility of all Contributors to check their eligibility for tax reductions on all of part of the Contributions made via the Site, according to existing legislation.
Any claims concerning the production of such tax receipts and the information contained in them must be addressed directly to the Fundraisers by Contributors.
Article 5. Conditions applicable to the content disseminated via the Site and comments spaces
5.1. Responsibility for messages and content put online by Users and Fundraisers
Users and Fundraisers may not post any content that could mislead other Users of the Site, or which constitutes a misrepresentation. They are solely responsible with regard to other Users for any loss or damage suffered by the latter because of the inaccurate or misleading nature of this content.
Users and Fundraisers must ensure that they hold the rights, including intellectual property rights, required to publish the content they disseminate.
The Company declines any liability resulting from any infringement of the rights of third parties.
Users and Fundraisers are solely responsible for the content they put online in comments spaces, and must undertake to ensure that the information published does not infringe any current legal or regulatory provisions. In particular, Users and Fundraisers may not post any content that is obviously or potentially illicit, whatever the medium used (sound, texts, images, videos, etc.).
The Company does not carry out any prior moderation on messages and content put online by Users and Fundraisers, or to which the Site may refer. It acts as a host within the meaning of article 6 I 2° of the LCEN (trust in the digital economy act), and in this respect carries out a simple storage activity.
5.2. Information provided to the Company by Users of the Site.
Users must inform the Company of any illicit or obviously illicit content by email at this address: .
5.3. Right to delete content and/or Personal Accounts of Users or Fundraisers.
The Company reserves the right to promptly delete, without prior notice and without indemnification, any illicit or obviously illicit content it becomes aware of, together with the Personal Accounts of any Users or Fundraisers publishing illicit content.
In addition, pursuant to article 6 I 7° of the LCEN (trust in the digital economy act), the Company reserves the right to communicate to the legal authorities any information enabling the identification of any Users who have posted obviously illicit content that has come to its notice.
Article 6. Period of relations with the Company
These General Conditions of Sale and Use apply throughout the period of use of the Site until the account is closed for any reason.
If a Fundraising Project remains inactive for a period of 24 months, i.e., if the last Contribution was received 24 months ago, and no transfer of funds collected to the Fundraiser's bank account has been requested, notification of closure will be sent by email to the Fundraiser. If there is no response or request for a bank transfer from the Fundraiser within one month, the Fundraising Project will be closed, and a closure fee of €65 will be charged. The Fundraiser will then have a receivable with the Company corresponding to the amount of funds raised for the Fundraising Project as of the closure date, from which closure costs have been deducted. Each year, on the anniversary date of the closure, a new reminder will be sent by email to the Fundraiser, and €65 as a reporting and reminder fee will be deducted from the amount of the receivable.
Article 7. Data protection
7.1 Collection of information
Users know and acknowledge that they provide information concerning them when they register on the Site and subscribe to the Services offered by the Company.
Some information is in fact mandatory, including the information enabling Users' identification.
Personal data collected by the Company include the full name and email address, and can also include, particularly with Fundraisers, the postal address, the nature of the person registered (private individual, association or company), the company's identification number, landline and/or mobile phone numbers, bank details, one or more photographs, one or more vocal announcements, videos, centres of interest and use of the Site.
In addition, some non-personal information can be collected, such as the version of the User's browser (Chrome, Firefox, Internet Explorer, etc.), the type of operating system used (Windows, Mac OS, etc.) and the IP address of the computer used.
All Users, when they register or at any subsequent time, may ask to receive offers by email concerning the Services provided by the Company and its partners.
Subsequently, Users may ask the Company at no cost to send or cease sending them the Company's newsletter and/or promotional offers that are sent to them by email by the Company and/or its partners, by managing their options in their Personal Accounts.
7.2 Declaration of automated processing of personal data to the CNIL
As it needs to process personal data, the Company has declared its site to the CNIL (French data protection authority). The website is registered under no. 1937022.
7.3 Use of data
The main purpose of information collected about Users when they register and subscribe to the Services is to enable the identification of Site Users and their use of the various Services proposed on the Site.
Every precaution has been taken on the databases to archive Users' information in a secure environment. Only certain employees of the Company or any other company authorised by it or belonging to the same group have access to this information, which is only accessible to them if needed. The personal data provided by Users when they register do not constitute an announcement accessible to third parties, and are not transmitted, sold or exchanged except in the cases indicated below, provided that Users have been informed and have given their consent beforehand, or in the absence of opposition on their part.
However, as an exception to the above, Users who make a Contribution to financially support a Fundraising Project agree that the Company may communicate their personal data to Fundraisers, which are required for them to be kept informed of the next stage in their Fundraising project and to thank them if they wish.
The Company may send Users promotional offers of the Company, subject to their free and prior consent when they register, unless they subsequently refuse to receive them.
7.4 Right to rectify and oppose
Pursuant to the data protection act of January 1978 amended by act 2004-801 of 6 August 2004, Users are also entitled to access, modify and delete data concerning them. They can exercise this right by sending an email to the following address: .
In order for the Company to meet this request, Users must indicate the information required to identify them (title, full name, address, postcode, town and country).
Users acknowledge and agree that cookies may be installed on their computers in order to register any information relating to the browsing of their computers on the Site.
Cookies are data that contain no personal information, and are sent by the server to the hard drive of the User's computer.
The role of cookies is to identify Users more rapidly when they log on and facilitate their Contribution to certain events, promotional offers, activities, etc. proposed on the Site.
Users are informed that they can oppose the installation of cookies by configuring their browsers accordingly. However, use of the site may be interrupted in this case.
7.6 Liability waiver
Users acknowledge that generally speaking, and given the state of technology today, every time they provide personal information online, this information can be collected and used by third parties.
Consequently, Users release the Company from any liability or harmful consequence of the use by third parties of information exchanged via the communication tools proposed by the Site.
Article 8. Responsibilities
8.1 Functioning of the network
To use the Services, Users must have the equipment, software and configuration required for the proper functioning of the Site. Users must have the skills, hardware and software required for using the Internet. Users declare that they are aware of the characteristics and constraints of the Internet.
Users acknowledge that the characteristics and constraints of the Internet mean that it is impossible to guarantee the security, availability and integrity of data transmissions when they circulate on the Internet. Users thus communicate data at their own risk.
The Company may not be held responsible for any incidents arising from this transmission. In any event, Users expressly recognise and accept that they use the Site at their own risk and under their sole responsibility.
Given the specific features of the Internet, the Company offers no guarantee for a continuous service, being bound in this respect only to a best endeavours obligation.
The Company's liability may not be incurred in the event of damage linked to the temporary impossibility of accessing any of the services proposed by the Site.
Any delay, suspension or cancellation in the dissemination of a Fundraising Project resulting notably from technical defects inherent to the functioning of the Internet, external to the Company and outside its control, is not a valid reason for refusing to make any payments of any kind on the part of Users, nor does it give the right to indemnification of any kind in any form.
The Company may not be held liable if the Site does not function, is impossible to access or has problematic conditions of use due notably to unsuitable equipment, dysfunctions arising with the User's access provider, the improper use of the Site or services by the User, or congestion on the Internet.
The Company accepts no responsibility for any damage or loss connected with the use or impossibility of using the Site or its content, except as provided for by law.
8.2 Modification of the Site
It is understood that the content of the Site is not static.
Thus all information contained in the Site may be modified at any time, given the interactive nature of the Site, without this incurring the Company's liability.
8.3 Availability of the Site
The Company has a best endeavours obligation to provide Services. It thus accepts no responsibility for any non-availability, suspension or interruption of the Site or Services arising during maintenance operations, the updating of hardware or software, emergency repair work on the Site or following circumstances beyond its control (including but not limited to this list in the event of technical damage or the failure of telecommunications links and equipment).
The Company endeavours to take all suitable measures to limit disturbances insofar as they are attributable to it.
Furthermore, the Company may not be held liable for any indirect or unpredictable damage within the meaning of articles 1150 and 1151 of the French Civil Code.
Pursuant to article 1992 of the French Civil Code, the Company's liability may only be sought in the event of fraud or misconduct in its management
8.4 Use of the Site
The information provided by Users must be true, accurate and not misleading. The consequences of its disclosure on their lives and/or those of other Users are the sole responsibility of the User concerned.
It is reminded that Users take the initiative to disclose and disseminate on the Site information, data, text, content, photos, and videos concerning them. Thus Users assume the entire responsibility for these and waive all claims against the Company, notably concerning damage to their image rights, honour, reputation and privacy resulting from the dissemination or disclosure of information concerning them.
The Company does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptions and generally speaking all content present on the Site are provided "as is" without any express or tacit guarantee of any kind.
The Company may not be held responsible for the inaccuracy of information or content provided by other Users, visitors to the Site and/or Users themselves.
In addition, the Company may not be held responsible for content disseminated by a User that may infringe the rights of one or more other Users or third parties.
8.5 Contact between Fundraisers and Contributors
Given that the Company's role is limited to intermediation, Fundraisers and Contributors acknowledge and expressly accept that it may not under any circumstances in any way be held responsible for Fundraising Projects, including their presentation, their management or any commitments undertaken by Fundraisers in descriptions of their Fundraising Projects.
The Company is not responsible for the actions or omissions of Fundraisers, who remain solely responsible for all the terms and conditions for carrying out a Fundraising Project with regard to Contributors.
Contributors must therefore address any questions or claims to the Fundraisers alone.
Fundraisers hold the Company harmless and undertake to indemnify it for any damage it suffers, and to protect it against any action for damages brought against it by a User or more generally by a third party, in respect of the infringement of any right resulting from the publication and completion of a Fundraising Project on the Site.
Likewise, the Company is not obliged to provide advice in respect of these Conditions. Thus the Company may not in any way be held responsible for the consequences of Contributors' Contributions.
8.6 Disputes between web users
The Company accepts no liability if a dispute arises between Users and/or Visitors and/or Fundraisers who have come into contact on the Site.
8.7 Hypertext links
The Site contains links to third party websites.
The linked sites are not under the Company's control, and the Company is not responsible for the content of these linked sites. The Company provides these links for convenience and a link does not imply that the Company sponsors or recommends the linked site in question, nor that the Company is affiliated to it.
Linked sites are owned and operated by independent retailers or service providers, and as a result, the Company cannot guarantee that Users will be satisfied with their products, services or commercial practices.
It is Users' responsibility to make all the checks they consider necessary or appropriate before carrying out transactions with any of these third parties.
Article 9. Intellectual property
9.1 Content disseminated by the Company
9.1.1 Ownership of the Site and its content
Trademarks (notably Okpal) and associated logos are the intellectual property of the Company.
More generally, all rights – whether patrimonial, moral or intellectual property rights – connected with the content and elements of information on the site are the Company's own property, with the exception of any patrimonial rights belonging to a third party for which the Company has obtained the necessary rights transfers or authorisations.
Rights conferred to Users in view of using the Site and the services provided by the Company involve no transfer or any authorisation to exploit or use any of the Site's components.
All elements of intellectual property, including trademarks, drawings, texts, hypertext links, logos, images, videos, sound elements, software, page layouts, databases, codes, etc. contained in the Site and in associated sites are protected by national and international intellectual property law.
They remain the exclusive property of the Company and/or its partners.
Consequently, without the prior written consent of the Company and/or its partners, Users may not undertake any reproduction, representation, re-edition, redistribution, adaptation, translation and/or partial or complete transformation, or transfer to another site of any component of the Site.
Users are authorised to reproduce the Okpal logo on third-party sites, but only for the purpose of promoting their Fundraising project and/or the Okpal site.
Users acknowledge and take note of the fact that non-compliance with this prohibition constitutes an infringement in terms of both civil and criminal liability.
9.1.2 Rights of the database producer
The Company is the producer of the database constituted by the Site within the meaning of articles L.341-1 and thereafter of the Intellectual Property Code. Any extraction or use of the base's contents not expressly authorised may incur the civil and/or criminal liability of the party responsible.
The Company reserves the right to take all legal remedies against persons who do not respect this prohibition.
9.2 Content disseminated by Users
Users grant the Company a licence for the use of Intellectual Property Rights attached to the content provided by the User concerned for the purpose of dissemination on the Site.
This licence includes the right for the Company to reproduce, represent, adapt, translate, digitise, use or sublicense content concerning, Users (information, images, videos, descriptions, search criteria, etc.) on any electronic communication media in the context of providing its Services.
This licence authorises the Company to present Fundraising Projects on partner sites and authorise partner sites to recover the data of such Fundraising Projects in order to present them on their own online or off-line communications media.
Users expressly authorise the Company to modify such content in order to respect the Site's graphic guidelines or other communication media indicated above and/or to make them compatible with its technical performances or the formats of the media concerned.
These rights are granted for the entire world and for the entire period during which these General Conditions are in force between the User and the Company.
Users are also forbidden to copy, reproduce or otherwise use content relating to other Users apart from the strict requirements of using the Services for private and personal purposes.
Article 10. Suspension and interruption of Services
Without this creating an obligation for it to verify the content or the accuracy and consistency of content, the Company has the right to refuse the insertion of a Fundraising Project, in accordance with the practices of the press and publishing sector.
The Company is free to delete or modify, prior or subsequent to its dissemination, any content on the Site that is not connected with the content normally expected, the Site's editorial line or which flouts current laws and regulations.
To this end, the Company has the right to carry out electronic surveillance to pinpoint contentious content and take action against its author, including the latter's exclusion.
The Company reserves the right to suspend or limit access to services subscribed to by Users after informing the party concerned by any means, if a User has failed to fulfil any of the obligations stipulated in these General Conditions of Use.
Thus if a User fails to fulfil any obligation, the Company reserves the right to block any Fundraising Project or content of the User concerned, to delete contentious messages or content of any nature, to prevent the publication of all of part of a Fundraising Project, and/or to block the User's access to all or part of the Services temporarily or permanently, without any counterpart or refund, and without prejudice to any action that may be taken against the User.
In the event of suspension for any reason, the Company reserves the right, as a penalty clause, not to reimburse all or part of the amounts credited which it considers necessary to remedy any prejudice of any kind that it may have suffered.
Article 11. Force majeure
The Company's liability may not be incurred if the execution of any of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of French courts, including but not limited to natural disasters, fires, the blocking of means of transport for any reason, total or partial strikes within or outside the company, lockout, the blocking of telecommunications or IT networks by any means (electrical breakdowns, computer viruses, etc.) and governmental or legal restrictions.
Article 12. Termination
Users and Fundraisers may request the termination of their accounts at any time by email to this address: or by means of a letter sent to ULULE SAS, 8 rue Saint Fiacre, 75002 Paris, France.
These General Conditions of Use may be cancelled by the Company, provided that it gives notice of one (1) month.
Furthermore, if Users fail to execute or comply with any of the obligations or stipulations indicated in this document, the Company can modify, suspend, limit or block access to the Site within fifteen (15) days of notification sent to the User that has remained without response, without the latter being able to claim any indemnity, without prejudice to any damages the Company has a right to claim to remedy any loss suffered.
In the event of a serious infringement of any of the provisions of the General Conditions of Use, the Company is within its rights to terminate the User's account without any notice or notification, without any indemnity and without prejudice to any damages the Company has a right to claim to remedy any loss suffered.
In the event of termination, the Funds raised during the Fundraising Period can then be stopped and the relevant Contributions refunded to the Contributors concerned.
Article 13. Final provisions
13.1 Correspondence – Proof
Correspondence exchanged between the Company and Users essentially takes place through electronic mail. Thus, pursuant to articles 1316 and thereafter of the Civil Code, Users acknowledge and accept that information delivered by the Company via electronic mail and on the Site constitute proof between the parties and have the same probative force as a handwritten document.
Unless expressly stipulated otherwise, notifications between the parties to these Conditions are made by e-mail.
Notifications are deemed to have arrived 24 hours after the dispatch of an email, unless the sender is notified of the invalidity of the email address.
13.3 Applicable law
By express agreement between the parties, these General Conditions of Use and operations arising from them are governed by French law.
They are drafted in French. If they are translated into one or more languages, only the French text will be considered authentic in the event of a dispute.
In the event of a problem or difference between the parties regarding the interpretation, execution or cessation of these General Conditions of Use, the parties must endeavour to resolve the situation as best they may, and undertake to seek an amicable solution in the spirit of these General Conditions of Use.
Failing an amicable solution, the most diligent party can take the matter to the Courts with jurisdiction.
IT IS STIPULATED THAT ANY DISPUTE WITH A USER ACTING AS A TRADESMAN THAT HAS ARISEN DUE TO THE INTERPRETATION, EXECUTION OR BREACH OF THESE GENERAL CONDITIONS FALLS WITHIN THE JURISDICTION OF THE PARIS COMMERCIAL COURT.
If any stipulations contained in the General Conditions of Use are declared null and void, the validity of the other stipulations in this document will not be affected in any way.
In accordance with the spirit and purpose of these conditions, the stipulations declared null and void will be replaced by other valid stipulations, which with regard to their scope, to the extent permitted by law, shall be similar to the stipulations declared null and void.
The fact that the Company does not invoke any of the provisions of these General Conditions of Use at any time may not be interpreted as a waiver by the Company to invoke it subsequently.
13.7 Transfer /Substitution
The Company reserves the right to transfer to any third party of its choice all or part of its rights and obligations in respect of these General Conditions or to substitute any third party to execute these conditions, which Users hereby accept unreservedly.
14. Legal notices
14.1 Identification of the publisher
Users are informed that the Site is published by ULULE, a simplified joint stock company with a capital of €253,061, registered in the Paris trade and companies register under number 794 710 830, having its head office at 8 rue Saint Fiacre, 75002 Paris, France. Individual tax identification number (intra-European VAT number): FR57794710830. Our departments can be reached during office hours on 01 83 62 90 69.
14.2 Director of publication
The Site's Publication Director is Mr Alexandre Boucherot, whose email address is .
14.3 Site host
The Site is hosted by the Company Enix, whose details are as follows:
Enix, a simplified joint stock company with a capital of €8,100, registered in the Paris trade and companies register under number B 481 912 970, having its head office at 275 rue Saint-Denis – 75002 Paris.
14.4 Contact for any claims concerning the Site and/or its content
The contact email for any claim concerning the Site and/or its content is
Appendix: Framework Contract for Payment Services using MANGOPAY Electronic Money
This agreement is important and you should read it carefully. It creates a legally binding agreement between you (hereinafter referred to as “You” or the “User”) and Leetchi Corp. S.A. (hereinafter referred to as the “Issuer”) relating to the use of Electronic Money issued by Leetchi Corp S.A. as a means of payment on the Website.
Leetchi Corp. S.A. is a public limited liability company incorporated under Luxembourg law, with a share capital of 500,000 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: .
References hereinafter to the “Parties” are a reference to you and the Issuer.
Please carefully read these General Terms and Conditions for the Use of Electronic Money and the Financial Conditions communicated to you on the Website before accepting them.
The Framework Contract is concluded in English and all communication between the Issuer and You will be in English.
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 Leetchi Corp 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 Ulule SAS, a simplified joint stock Company with capital of €253,061, registered in the Paris trade and companies register under no. 794 710 830, having its head office at 8 rue Saint Fiacre, 75002 Paris. 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 Leetchi Corp. 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 www.cssf.lu/surveillance/ep-eme/listes-officielles/.
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 the Website.
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 www.okpal.com, a website created and operated by the Distributor.
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.
3. User Registration
3.1 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.
3.2 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.
3.3 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 document (e.g. identity card, driving licence, or a passport for nationals of a country outside the European Union); and
- 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; and
- where requested by the Issuer, a copy of the legal representative’s identity card or passport and, where appropriate, of any beneficial owner.
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.
3.4 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 .
4. Operation of the Account
4.1 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 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.
4.2 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.
4.3 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 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.
4.4 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.
4.5 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.
5. Login objection, Transaction dispute and Reporting
5.1 Login objection
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;
- or 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.
5.2 Transaction Dispute
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.
6. 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.
8. 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.
9. User Commitments
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.
10. 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.
11. 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.
12. 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.
13. 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: . 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: . 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.
14. Inactive Accounts
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.
15. 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.
16. 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.
17. 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.
20. 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.
21. 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: .
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: .
22. 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.