Terms and conditions of use Mangopay
Version at September1, 2021
Entered into between :
The customer, a legal entity or natural person registered with the RCS (or with the national trade register or any equivalent professional body) in a member state of the European Union or in a state party to the European Economic Area, or in a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, acting on its own behalf exclusively for professional purposes (commercial, industrial, craft or liberal),
hereinafter referred to as the " Holder " or " Professional Holder ",
The customer, a natural person resident in a member state of the European Union or in a state party to the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, acting on his or her own behalf exclusively for non-business purposes,
hereinafter referred to as the " Owner " or " Consumer Owner ", on the one hand,
MANGOPAY SA is a société anonyme incorporated under Luxembourg law, with its registered office at 2, Avenue Amélie, L-1125 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, (the amount of share capital can be viewed here: https: //www.mangopay.com/fr/mentions-legales/), authorized to carry on business within the European Economic Area, as an electronic money institution approved by the Commission de Surveillance du Secteur Financier, 283 route d'Arlon L-1150 Luxembourg, www.cssf.lu,
hereinafter referred to as the " Service Provider ", on the other hand,
hereinafter referred to separately as a "Party" or together as the " Parties ".
For the purposes hereof, the following terms are defined as follows:
"Authentication" : refers to the procedures defined by the Platform in order to verify the identity of the Account Holder or the validity of a Payment Order. These procedures include the use of Identification Data.
"Banks" : refers to the credit institutions responsible for protecting the funds collected by the Service Provider on behalf of the Account Holder. These funds are deposited in its books in a segregated account opened for this purpose with an institution designated by the Service Provider. The Service Provider reserves the right to select any other approved credit institution.
" Beneficiary ": means a legal or natural person who is the creditor of a Payment Transaction issued by the Account Holder.
"Card" : refers to the bank, payment or credit card used to transfer funds to a named Cardholder on his/her Payment Account opened in the books of the Service Provider. This card is linked to one of the following networks: Visa, MasterCard, CB.
"Payment Account" or "Account ": refers to the payment account opened by the Service Provider on behalf of the Account Holder and used to carry out payment transactions. The Account may under no circumstances be treated as a deposit account. The Account is denominated in the currency indicated on the Site at the time of registration.
"Site General Conditions" : refers to the general conditions of use of the Site agreed between Site users and the Platform, governing in particular access to the Site.
"Framework Agreement" : means these General Terms and Conditions of Use for Payment Services, together with the Subscription Form, governing the use of Payment Services and the management of the Payment Account by the Service Provider.
"Identification Data" : refers to the Holder's unique identifier and password, enabling him/her to access his/her Personal Space.
" Personal Data ": means any information relating to the natural person Holder, or to a natural person connected with the legal person Holder (in particular a corporate officer, a beneficial owner, an Authorized Person), within the meaning of European Regulation 2016/679 on the protection of personal data.
" Personal Area ": refers to the Cardholder's dedicated environment, accessible on the Platform Site, enabling him/her to access his/her Payment Account and use the Payment Services.
" Subscription Form ": refers to the form to be completed by any prospect wishing to subscribe to Payment Services, accessible on the Site during registration or made available by the Platform.
"Business Day" : means a calendar day excluding Saturdays, Sundays and public holidays in mainland France and Luxembourg and any other day designated as such by the Service Provider.
" Means of Payment ": refers to the means of payment other than the Card, listed on the Site, and whose acquisition is offered by the Service Provider on an optional basis. The Cardholder activates the means of payment of his/her choice from his/her Personal Space.
"Payment Transaction" : means a periodic or one-off transfer, ordered by the Account holder or by any authorized representative, debited from the Payment Account.
"Payment Order" : means the instruction given by the Account Holder to the Service Provider in accordance with the procedure set out in the Framework Agreement with a view to executing a Payment Transaction.
"Payment Page" : Refers to the page secured by the Service Provider's electronic payment service provider.
" Data Subject ": means the natural person Holder or any natural person linked to the Holder (in particular a corporate officer, a beneficial owner, an Authorized Person), whose Personal Data is processed as part of the performance of this Framework Agreement.
" Authorized Person ": means any agent appointed by the Account Holder to access the Payment Account and use the Payment Services on his/her behalf.
"Platform" : refers to the entity, whose contact details are given in the Site Terms and Conditions, which operates the Site. It prepares, facilitates and advises prospects with a view to concluding the Framework Agreement via its Site. It assists Cardholders throughout their relationship with the Service Provider in the performance of their Payment Transactions. It collects the documents required to open an Account. The Platform does not collect funds, with the exception of its commissions.
"Provider" means MANGOPAY SA, an issuer of Electronic Money licensed in Luxembourg by the Commission de Surveillance du Secteur Financier under reference no. 3812 and authorized to carry on business in all member countries of the European Union. The Service Provider appears on the list of electronic money institutions available at https://searchentities.apps.cssf.lu/search- entities/search?language=en - Home.
" Third-party payment service provider " or " third-party PSP ": refers to any establishment, other than the Service Provider, authorized in a member country of the European Union or a member of the European Economic Area, or in a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism.
Platform customer service: refers to the service whose contact details are given on the Site, from which the Holder may obtain information relating to the Framework Agreement.
" Payment services ": refers to the payment services defined in points 3 and 5 of the appendix to the Luxembourg law of November 10, 2009 on payment services.
"Site" : refers to the website operated by the Platform, the purpose of which is to sell goods or services to Users or to collect funds from them, or to put Holders in contact with Users.
" Durable medium ": refers to any instrument enabling the Holder to store information addressed personally to him/her, so that he/she can refer to it at a later date for a period of time appropriate to the purpose for which the information is intended, and which allows the identical reproduction of the stored information. It generally takes the form of a PDF file.
"Holder" : means any legal entity or natural person acting on its own behalf and in whose name a Payment Account is opened to use the Payment Services.
"User" : means any natural or legal person who has transferred funds to a Cardholder via the Site using their Card or any other Payment Method accepted by the Service Provider to transfer funds.
The purpose of the Framework Agreement is to define the conditions under which the Service Provider provides the Cardholder with Payment Services.
These Payment Services include :
- opening and managing payment accounts,
- credited to the Payment Account: recording of funds transferred by Cards or any other Payment Method accepted by the Service Provider; receipt of
- debit of the Payment Account: execution of one-off or recurring Transfer Transactions, deduction of fees due in application of the present Terms and Conditions, reversal of funds transfers by Card (or by any other means of payment).
The Account will not be subject to any overdraft, advance, credit or discount. The Service Provider does not offer any foreign exchange services.
The Service Provider has mandated the Platform to facilitate the conclusion of this Agreement with each Cardholder and to assist them throughout their relationship with the Service Provider.
3. Subscription to services
- Subscription terms
The Framework Contract is concluded remotely, in accordance with the terms and conditions set out by the Platform in the Site's General Terms and Conditions. To be able to conclude the Framework Contract online, the applicant must have equipment (hardware and software) for which he/she is solely responsible.
By default, acceptance of the Framework Contract is carried out remotely via the Site and is evidenced by an electronic signature. The applicant may request to sign the Contract by hand. To do so, he/she must print out this Contract, sign it and return it electronically or by post to the Platform's Customer Service Department, whose contact details are given in the Site's General Terms and Conditions.
In the event of a handwritten signature, the date of conclusion of the Framework Contract shall be deemed to be the date indicated thereon, and in the absence of such date, it shall be deemed to be the date of receipt of the Framework Contract by the Platform.
The Framework Contract is signed electronically via the Site. The date of conclusion of the Framework Contract corresponds to the date on which the applicant completes the electronic signature process indicated on the Site.
The Framework Contract concluded between the Parties by electronic means has the same evidential value as a Framework Contract on paper.
3.2. Contractual documents
The Framework Contract comprises :
- of these General Terms and Conditions of Use for Payment Services,
- the Subscription Form available on the Site,
These General Terms and Conditions of Use for Payment Services are made available to the Cardholder on the Site and can be downloaded on a durable medium. At any time during the contractual relationship, the Customer may, on request, receive these documents on paper.
4. Opening an account
- Prerequisites for opening an Account
Any natural person of at least eighteen (18) years of age and any legal entity, resident and/or registered in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, may submit an application to open an Account, provided that the natural person is listed on the Site as a consumer or as a professional. Legal entities may only be listed as professionals.
The Cardholder declares at the time of submitting his or her registration request to the Platform and for the entire duration of the Framework Contract:
- he/she is at least 18 (eighteen) years of age and legally capable or is duly incorporated,
- he is acting on his own behalf;
- that all the information provided at the time of registration is sincere, accurate and up-to-date.
4.2. Registration and account opening procedure
- Information and supporting documents
Prospects must provide the Platform with the information and documents listed below, using the Subscription Form, if the Platform does not already have this information and these documents.
The prospect undertakes to provide the information and documents corresponding to his or her status as either a professional or a consumer.
For the Customer, an individual consumer :
- surname, first name, e-mail address, date and place of birth, nationality and country of residence.
- a copy of the Cardholder's valid official identity document (e.g. identity card, driving license, or passport for non-EU nationals).
For the Professional Holder :
- for individuals :
- surname, first name, e-mail address, date of birth, nationality and country of residence.
- an original or copy of an extract from the official register dated less than three months showing registration as a trader or with the national register of trades or any other professional body to which the applicant belongs
- a copy of the Cardholder's valid official identity document (e.g. identity card, driving license, or passport for non-EU nationals).
- for legal entities :
- its name, corporate form, capital, registered office address, business activity, identity of partners and managers, and list of beneficial owners as defined by regulations,
- a Kbis extract or equivalent document less than three months old, proving that the company is registered with the RCS of a member state of the European Union or of a state party to the agreement on the European Economic Area, or of a third country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, and its articles of association. This document must state the company's name, legal form, registered office address and the identity of the partners and directors referred to in 1° and 2° of article 123-54 of the French Commercial Code, or their equivalents under foreign law.
- a certified copy of the bylaws and any decisions appointing the legal representative;
- a copy of the identity card or passport of the legal representative and, where applicable, of the beneficial owner(s).
- The declaration of the beneficial owners of the legal entity holding more than 25%, if the prospect has not declared its beneficial owners to the national register, or if it is not subject to this requirement.
The Account Holder may also be asked to provide a bank statement for an account opened in his/her name with a third-party PSP.
It is expressly stipulated that the Service Provider reserves the right to request additional documents concerning the Account Holder, the Beneficial Owner or a specific Payment Transaction prior to any registration and at any time during the term of the Framework Agreement.
- Payment Account Limitation
At the discretion of the Service Provider, the use of a Payment Account may be restricted without the Service Provider having to justify its decision to the Cardholder concerned. In particular, the operation of the Payment Account will be restricted if the Account Holder has not provided all the information and documents required by the Service Provider, as listed above. These limits are indicated to the Account Holder by the Platform.
- Finalize registration
After entering into the Framework Agreement, the Registrant must provide all information and supporting documents requested by the Platform. By agreeing to the terms of the Framework Contract, the Registrant accepts that the Platform may transmit to the Service Provider its application for registration as Registrant and all supporting documents received by it.
The Service Provider is the only party entitled to accept the registration of a prospect as the holder of a Payment Account in its name. This agreement will be notified to the Account Holder by the Platform by any means in accordance with the procedures set out on the Site.
The Service Provider may refuse a request to open an Account, without giving any reason or entitling the Account Holder to any compensation. Such refusal will be notified to the Account Holder by the Platform by any means in accordance with the procedures set out on the Site.
5. Payment account operation
Amounts credited to the Payment Account result from funds transferred by Card (or by any other payment method accepted by the Service Provider), or from the receipt of a bank transfer. Amounts debited to the Payment Account result from: the execution of a Payment Order to an account held by a third-party Payment Service Provider, the debiting by the Payment Service Provider of fees payable by the Cardholder under the Framework Agreement, or the reversal of a transaction by Card (or by any other payment method).
5.1. Acquisition of Card payment orders on the Payment Account
Payment can be made by Card (or any other means accepted by the Service Provider), in one or more instalments. To carry out such a transaction, the User identifies himself on the Site by entering his User (valid e-mail address) and password, or by logging in via his Facebook account. The funds transfer order is entered on a dedicated Payment Page. For any payment, the User may be asked to enter a single-use code notified on his/her cell phone to the establishment issuing the Card. Where applicable, the Service Provider may refuse any payment at its own discretion, without this decision giving rise to any compensation whatsoever. The funds transfer transaction is carried out by the Card issuer. Any dispute concerning such a transfer must be notified to the said institution. The Service Provider is not entitled to cancel such a transfer.
The Cardholder is hereby informed that acceptance of a Card payment order by the Service Provider does not guarantee receipt of the corresponding funds by the Cardholder in his/her Account. The crediting of funds to the Cardholder's Payment Account is subject to the actual receipt of the funds by the Service Provider.
If funds are not received for technical reasons, the Service Provider will use its best efforts to regularize the transaction. In the event of non-receipt of funds for any other reason, the Service Provider will inform the Account Holder as soon as possible of its inability to credit the expected amount to the Account, so that the Account Holder can contact the User.
In the event that the transfer of funds to the Account of the Account Holder is cancelled by the Card issuer following a dispute by the User, the Account Holder accepts that the Service Provider may reverse any funds transfer transaction by debiting the corresponding amount from the Payment Account. The Cardholder acknowledges that any such dispute may be brought to the attention of the Card issuer until the expiry of a maximum period of thirteen (13) months following the date on which the account to which the said Card is associated was debited. In the absence of sufficient funds on the Account to carry out such a reversal, the Service Provider may suspend or cancel any Payment Transaction initiated by the Cardholder or an authorized representative, or where applicable, subrogate itself to the rights of the Cardholder and proceed to recover the sums owed by the User by any means.
5.2. Receipt of transfer on the Payment Account
The Account Holder authorizes the Service Provider to receive SEPA credit transfer transactions in euros on his Payment Account from a bank or payment account opened in the books of a third-party PSP.
The funds are credited to the Customer's Payment Account by the Service Provider as soon as possible after their actual receipt by the Service Provider.
Once the funds have been credited to the Customer's Payment Account, the Service Provider provides the Customer with a summary of the transfer transaction received, including the following information: the payment transaction reference, a reference identifying the payer, the transaction amount and the credit value date.
5.3. Execution of a Transfer Transaction debited from the Payment Account
The Account holder can send SEPA or international transfer orders to a beneficiary's account held by a third-party PSP.
When the Account holder wishes to carry out a Transfer Transaction, he/she identifies himself/herself on the Personal Area by entering his/her Identification Data, and, where applicable, by following the Authentication procedure indicated. On the Payment Page, he/she indicates: the amount of the Payment Transaction, the currency, the Payment Account to be debited, the Order execution date and any other required information. If no date is indicated, the Transfer Order is deemed to be immediate. The Account Holder must also follow the Authentication procedure indicated by the Service Provider.
The Account holder may at any time transmit a request to execute a Transfer Order to a Beneficiary designated by him/her who has a bank or payment account with a third-party Payment Service Provider. The Account Holder must transmit the reason for each transfer and comply with the Authentication procedure indicated by the Service Provider.
The Account Holder gives his irrevocable consent to the Payment Order by clicking on the
"The payment order is confirmed on the Holder's Personal Area. Receipt of the Payment Order is confirmed on the Account holder's Personal Area. No Order may be withdrawn by the Account Holder after the date on which it is deemed irrevocable, i.e. from the Date of Receipt.
Before sending a Transfer Order, the Account Holder (or the Platform acting on his/her behalf) must ensure that he/she has sufficient funds available on his/her Account to cover the amount of the Payment Transaction. If necessary, he/she must credit his/her Account before the Order can be validly transmitted to the Service Provider for execution.
It is expressly agreed that Payment Orders will be executed no later than the end of the Business Day following the Date of receipt of the Order by the Service Provider (and on the agreed execution date for forward or standing orders). Any payment order received by the Service Provider after 4 p.m. is deemed to have been received on the next Business Day. If the Date of Receipt is not a Business Day, the Payment Order is deemed to have been received on the next Business Day.
For each Transfer Operation, the Customer may request the Service Provider to provide information on a durable medium concerning the maximum execution time for this specific operation, the charges to be paid and, where applicable, details of these charges.
The Service Provider may refuse to execute an incomplete or erroneous Transfer Order. The Customer must reissue the Order to bring it into line. The Service Provider may also block a Transfer Order in the event of serious suspicion of fraudulent use of the Account, unauthorized use of the Account, breach of Account security, freezing of assets by an administrative authority or for any other reason.
If the Service Provider refuses to execute a Transfer Order or blocks a Transfer Order, it will inform the Account Holder by any means. If possible, the Service Provider will inform the Account Holder of the reasons for the refusal or blocking, unless prohibited by a relevant provision of national or European Union law.
The Account Holder may at any time send an instruction to cancel a funds transfer in order to reimburse a User. The Account holder identifies him/herself on the Site by entering his/her login and password. In their Personal Area, they indicate the amount to be reimbursed, the currency, the User to be reimbursed and any other information required.
The refund operation is carried out by the Service Provider by crediting the Card used by the User or by transfer according to the original payment methods, within the limit of the available balance of the Account and the rules of each network and SEPA rules within five (5) Business Days following receipt by the Service Provider of the refund request.
In his Personal Area, the Cardholder has access to a statement of payment transactions carried out on the Payment Account. He/she is invited to carefully read the list of these transactions. Transaction reports may also be made available to the Account holder at other times, on request.
It is specified that for each Transfer Transaction executed by the Service Provider, the Account Holder will be provided with the following information: the Transaction reference, identification of the Beneficiary, the Transaction amount, the date of receipt of the Order, and where applicable, the charges relating to the execution of this Transaction.
7. Payment Account Access and Confidentiality
The Payment Account is accessible online in the Personal Area, by means of Identification Data and in accordance with the Authentication procedure requested.
The Holder shall provide Identification Data for each Authorized Person. Each Authorized Person agrees not to use the name or Identification Data of any other person. The Holder is solely responsible for any use made of his/her identifier.
Each Authorized Person is entirely responsible for maintaining the confidentiality of his or her Identification Data. The Holder shall take all reasonable steps to preserve the confidentiality and security of its Identification Data.
The Holder (and each Authorized Person) agrees not to communicate his/her Identification Data to third parties.
The Registrant must inform the Platform of the loss or theft of his or her Identification Data, or of the misappropriation or unauthorized use of his or her Personal Space or related data as soon as he or she becomes aware of it, in order to request that it be blocked. This declaration must be made :
- by calling the platform's Customer Service at the number indicated in the Site Terms and Conditions; or
- directly by e-mail using the contact form available on the
The Service Provider, via the Platform, will immediately execute the opposition request.
The Service Provider cannot be held responsible for the consequences of a fax or e-mail objection that does not originate from the Account Holder.
A request for opposition is deemed to have been made on the date and time the request is actually received by the Platform. In the event of theft of Identification Data or fraudulent use of the Personal Space, the Service Provider is entitled to request, via the Platform, a receipt or a copy of the complaint from the Account Holder, who undertakes to respond as soon as possible.
9. Payment Account Block
The Service Provider reserves the right to block the Payment Account for objectively justified reasons relating to the security of the Payment Account, the presumption of unauthorized or fraudulent use of the Payment Account or the significantly increased risk that the Account Holder will be unable to meet his obligation to pay the fees due under this Framework Agreement.
10. Contesting a Transaction
- Provisions common to all Cardholders
For any claim relating to Payment Transactions carried out by the Service Provider within the framework of the present Terms and Conditions, the Cardholder is invited to contact the Platform's Customer Service Department or the address indicated for this purpose in the Site's General Terms and Conditions.
If an Order is executed by the Service Provider with errors due to the Service Provider's fault, the dispute is transmitted to the Service Provider as soon as possible, the Order is cancelled and the Account is restored to the situation it was in before the payment Order was received. Thereafter, the Order is represented correctly.
10.2. Provisions applicable to the Professional Licensee
Professional Account Holders who wish to dispute a Transfer Transaction that they have not authorized or that has been incorrectly executed must contact the Platform's Customer Service by telephone as soon as possible after becoming aware of the anomaly, and at the latest within eight (8) weeks of the Transaction being recorded in the account. The Customer Service will then forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider will reimburse the Account Holder for the amount of the Transaction immediately after receiving the request for dispute, and in any event no later than the end of the first following Business Day. The Service Provider restores the Account to the state it would have been in had the unauthorized Payment Transaction not taken place.
In the event of loss or theft of Identification Data, unauthorized Transactions carried out prior to notification of opposition are the responsibility of the Account holder. Transactions carried out after the opposition are borne by the Service Provider, except in the case of fraud on the part of the Cardholder.
10.3 Provisions applicable to consumer Licensees
Consumer Account Holders who wish to dispute a Transfer Transaction that they have not authorized or that has been incorrectly executed must contact the Platform's Customer Service by telephone as soon as possible after becoming aware of the anomaly, and at the latest within thirteen (13) months of the debit date, and must forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Cardholder, the Service Provider will reimburse the amount of the Transaction to the Cardholder immediately after receiving the request for contestation, and in any event no later than the end of the period of validity of the Transaction.
first following Business Day. The Service Provider restores the Account to the state it would have been in had the unauthorized Payment Transaction not taken place.
In the event of a dispute, the Service Provider shall bear the burden of proof that the Transaction has been authenticated, duly recorded and accounted for, and that it has not been affected by a technical or other deficiency.
In the event of an unauthorized payment transaction resulting from the loss or theft of Identification Data, the Cardholder shall bear the cost of any losses incurred as a result of the use of Identification Data, up to a maximum of fifty (50) euros, prior to notification of opposition. Transactions carried out after the opposition are borne by the Service Provider, except in the case of fraud on the part of the Account Holder. However, the Account Holder shall not be held liable in the event of :
- Unauthorized payment transactions carried out without using the Identification Data;
- Loss or theft of Identification Data that cannot be detected by the Cardholder prior to payment;
- Loss due to the acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced.
The Licensee shall not be held liable:
- if the unauthorized Payment Transaction has been carried out by misappropriating the Identification Data without the Cardholder's knowledge;
- in the event of counterfeiting of Identification Data, if, at the time of the unauthorized Payment Transaction, the Cardholder is in possession of such Data.
The Cardholder shall bear all losses caused by unauthorized Transactions if such losses are the result of fraudulent conduct on his/her part, or if he/she has intentionally and through gross negligence failed to comply with the obligations to maintain the security of his/her Identification Data and to notify the opposition in the event of loss, theft or misappropriation of such Data.
All commissions owed by the Account Holder to the Platform are automatically deducted from the Payment Account by the Service Provider. The Account Holder authorizes the Service Provider to set off at any time, including after the Account has been closed, any certain, liquid and payable debt that may still be owed, for any reason whatsoever. He may set off the balance of the Payment Account against any amount due, payable and unpaid by the Account Holder to the Service Provider.
12. Duration and termination
The Framework Contract is concluded for an indefinite period. It comes into force on acceptance by the Licensee.
The latter may terminate the Framework Agreement at any time, subject to thirty (30) calendar days' notice. The Service Provider may terminate the Framework Agreement at any time by giving two (2) months' notice on a durable medium. In this case, the fees regularly charged for Payment Services will be payable by the Cardholder on a pro rata basis for the period expiring on the date of termination.
To do so, each Party must send its notice of termination of the present contract to the other Party, by registered letter with acknowledgement of receipt, to the postal and e-mail address indicated in the Site Terms and Conditions.
Consequently, the entire Framework Agreement is terminated and the Payment Account is closed. The Account credit will be transferred within thirteen (13) months to the Account Holder's bank account, after deduction of any fees due and payable to the Service Provider.
In the event of serious breaches, fraud or non-payment by the Registrant, the Service Provider reserves the right to suspend or terminate the present contract by sending an e-mail accompanied by a registered letter with acknowledgement of receipt, without reason or notice.
It is provided that the Framework Agreement will be automatically terminated in the event of new circumstances affecting the ability of a Party to enter into commitments hereunder.
13. Modification of the Contract
The Service Provider reserves the right to modify the Framework Agreement at any time. Any proposed modifications to the Framework Agreement will be provided to the Customer by the Platform.
Any Cardholder may refuse the proposed modifications and must notify the Platform's Customer Service Department of this refusal by registered letter with acknowledgement of receipt two (2) months before the date on which the proposed modifications come into force (as evidenced by the postmark) to the address indicated in the Site's General Terms and Conditions.
If the Licensee fails to notify its refusal before the stated effective date, it will be deemed to have accepted the proposed modifications. Relations between the Parties after the effective date will then be governed by the new version of the Framework Agreement.
In the event of refusal by the Cardholder, this refusal will give rise, free of charge, to termination of the Framework Agreement, as well as to transfer of the balance of the Payment Account within thirteen (13) months of the effective date of termination in order to cover any future disputes.
Any legislative or regulatory provisions which make it necessary to modify all or part of the Framework Contract will be applicable from their date of entry into force, without prior notice. The Holder will nevertheless be informed.
The Service Provider undertakes to provide its services in compliance with the applicable laws and regulations and with good practice. In particular, the Service Provider will do its utmost to ensure the security and confidentiality of Registrant data, in accordance with current regulations.
The Service Provider reserves the right to temporarily suspend access to the online Account for technical, security or maintenance reasons, without any right to compensation. The Service Provider undertakes to limit such interruptions to what is strictly necessary.
However, the Service Provider shall not be liable to the Holder for any errors, omissions, interruptions or delays in operations carried out via the Site resulting from unauthorized access to the Site. Furthermore, the Service Provider shall not be liable for any theft, destruction or unauthorized communication of data resulting from unauthorized access to the Site. In addition, the Service Provider is not responsible for any legal relationship existing between the Registrant and a User or between the Registrant and the Site. The Service Provider shall not be liable for any fault, default or negligence on the part of a User and the Owner towards each other, or on the part of the Site and the Owner towards each other.
If the unique identifier or any other information required for the execution of a Payment Transaction provided by the Cardholder is inaccurate, the Service Provider shall not be liable for the improper execution of said Service.
The Platform is solely responsible for the security and confidentiality of data exchanged in connection with the use of the Site in accordance with the Site's General Terms and Conditions. The Service Provider is responsible for the security and confidentiality of data exchanged with the Account Holder in connection with the creation and management of the Account, as well as payment Transactions associated with the Account.
15. Limitation of the Service Provider's liability
The Service Provider does not intervene in any way in the legal and commercial relations and any disputes arising between the Account Holder and the User or between the Account Holder and the Platform or between the Account Holder and a Beneficiary. The Service Provider has no control over the conformity, security, lawfulness, characteristics or suitability of the products and services involved in a Payment Transaction.
Each operation carried out by the Account Holder gives rise to a contract directly between the Account Holder and a User, to which the Service Provider is not party. Consequently, the Service Provider cannot be held responsible for the non-performance or improper performance of the resulting obligations, or for any damage caused to the Account Holder.
Notwithstanding any provision to the contrary in this Contract, the Service Provider's liability to a Licensee is limited to compensation for direct damages as provided for by law.
16. Licensee's commitments
The Registrant guarantees that no element of its Personal Space infringes the rights of third parties or is contrary to the law, public order or morality.
He agrees not to :
- Execute the Framework Agreement in an illegal manner or under conditions likely to damage, disable, overload or alter the site;
- Impersonate another person or entity, falsify or conceal identity, age or create a false identity;
- Disseminate personal data or information relating to a third party, such as postal addresses, telephone numbers, e-mail addresses, credit card numbers, etc. In the event of a breach of its obligations, the Service Provider may take any appropriate measures to put an end to the conduct in question. It will also be entitled to suspend, remove and/or block the Holder's access to its
- Without prejudice to any legal action brought by third parties, the Service Provider shall be entitled to take any legal action in its own name for compensation for any damage it may have personally suffered as a result of the Licensee's failure to comply with its obligations under this Agreement.
If the Customer becomes aware of any breach of the above obligations, he/she is invited to inform the Service Provider of such breach by contacting [email protected].
17. Right of withdrawal
- Provisions applicable to the Consumer Cardholder
Under the terms of Article L222-7 of the French Consumer Code, the Consumer Cardholder has the right to
The right of withdrawal may be exercised within a period of 14 days (fourteen) without having to give any reason or pay any penalty. This withdrawal period begins to run either from the date of conclusion of the Framework Contract, or from receipt of the contractual terms and information, if the latter date is later than that of conclusion of the Framework Contract. The Framework Contract may only be commenced prior to expiry of the withdrawal period with the consent of the Consumer Cardholder. The Consumer Cardholder acknowledges that use of the Payment Services after conclusion of the Framework Agreement shall constitute an express request on his part to begin performance of the Framework Agreement before expiry of the aforementioned period. Exercise of the right of withdrawal shall entail termination of the Framework Contract, which, in the event of commencement of performance, shall take the form of cancellation and shall not affect any services previously rendered. In this case, the Consumer Holder will only be required to make proportional payment for the Services actually provided.
17.2. Exercising the right of withdrawal
The Cardholder must notify the Platform's Customer Service Department by telephone or e-mail of his or her request for withdrawal within the allotted time, and send a letter of confirmation to the address of the Platform's Customer Service Department. To this end, they may use the withdrawal form provided by the Platform.
18. Anti-money laundering and anti-terrorist financing rules
The Service Provider is subject to all Luxembourg and French regulations concerning the fight against money laundering and the financing of terrorism.
Pursuant to the provisions of French and Luxembourg law, relating to the participation of financial organizations in the fight against money laundering and the financing of terrorist activities, the Service Provider is required to obtain information from any Account holder concerning the origin, purpose and destination of the transaction or the opening of the Account. In addition, the Service Provider must take all necessary steps to identify the Account Holder and, where applicable, the beneficial owner of the Account and/or the Payment Transactions linked to it.
The Account Holder acknowledges that the Service Provider may terminate or postpone at any time the use of Identification Data, access to an Account or the execution of an Operation in the absence of sufficient information concerning its purpose or nature. The Customer is hereby informed that any Transaction carried out within the framework of the present Terms and Conditions may be subject to the exercise of the right of communication by the national financial intelligence unit.
The Account Holder may, in accordance with regulations, access all information thus communicated, provided that this right of access does not jeopardize the purpose of combating money laundering and the financing of terrorism when this data relates to the applicant.
The Service Provider, its directors or employees who have filed suspicious transaction reports in good faith with their national authorities may not be prosecuted, civilly liable or subject to professional sanctions.
19. Protection of personal data
The Service Provider collects and processes any Personal Data in compliance with the regulations in force applicable to the protection of such Data, and in particular with Law no. 78-17 of January 6, 1978 as amended and with European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016.
The Personal Data required at the time of subscription are necessary in order to provide the services described herein. Failure to provide the required Personal Data may result in the applicant being denied access to the services.
The Data Subject is hereby informed that Personal Data is collected in particular for the following purposes: the provision of the services supplied as described herein; the fight against money laundering and the financing of terrorism; the processing of requests for information and complaints; the production of statistics. In particular, such processing is necessary for the performance of the Framework Agreement, as well as for compliance with legal obligations to which the data controllers are subject. The Service Provider and the Platform act as joint data processors.
Personal Data will not be transmitted to any third party without the express consent of the Data Subject. However, the Data Subject is hereby informed that Personal Data will be transmitted to the Service Provider's subcontractors, for the aforementioned purposes. The said subcontractors will only act on the instructions of the Service Provider and exclusively on its behalf.
The Data Subject may access the list of subcontractors by sending a request to the Platform's Customer Service Department. The Data Subject is informed that the Service Provider ensures that its subcontractors take all necessary measures to preserve the security and confidentiality of Personal Data. In the event of a Data breach (loss, intrusion, destruction, etc.) involving high risks for the Data Subject, the latter will be informed.
The Service Provider reserves the right to disclose Personal Data at the request of a legal authority in order to comply with any applicable law or regulation, to protect or defend the rights of the Account Holder or a Data Subject, if compelling circumstances so warrant, or to protect the safety of the Account Holder, the Services or the public.
Personal Data processed by the Service Provider in connection with the services provided hereunder shall be retained for the period strictly necessary to achieve the aforementioned purposes. Unless otherwise provided by law or regulation, Data will not be kept beyond the effective date of termination of the Contract. In particular, it is specified that Personal Data relating to identification is kept for a period of five years from the end of the contractual relationship, in accordance with applicable regulations on the fight against money laundering and the financing of terrorism.
Data Subjects have the following rights in respect of their Data, in accordance with the conditions laid down by the regulations: right of access, right of rectification, right of opposition, right to erasure, right to limitation of processing and right to portability. A Data Subject may exercise his or her rights at any time by contacting the Platform's Customer Service Department. His or her request must indicate his or her surname, first name and identifier, and be accompanied by a photocopy of an identity document bearing his or her signature.
A reply will be sent to the Person concerned within one (1) month of receipt of the request. This period may be extended by two (2) months, depending on the complexity and number of requests. In this case, the Person concerned will be informed of the extension and the reasons for the postponement within one (1) month of receipt of the request.
The Data Subject is informed that he or she has the right to lodge a complaint with the competent authority for any request relating to his or her Personal Data.
If the Person concerned submits his or her request in electronic form, the response will be provided electronically, unless he or she expressly requests otherwise.
Where the Personal Data relates to a Data Subject who is not a party to the Contract-.
Framework and have been transmitted by the Holder, the latter shall be responsible for communicating the information in this article to the Person concerned.
20. Professional secrecy
The Service Provider is bound by professional secrecy. However, this secrecy may be lifted, in accordance with current legislation, by virtue of a legal, regulatory or prudential obligation, in particular at the request of supervisory authorities, tax or customs authorities, as well as at the request of a criminal judge or in the event of a judicial requisition notified to the Service Provider. Notwithstanding the foregoing, the User may release the Service Provider from the obligation of professional secrecy by expressly indicating the third parties authorized to receive confidential information concerning the User.
It is specified that professional secrecy may be waived by regulation for the benefit of companies providing the Service Provider with important operational tasks within the scope of the present contract.
21. Intellectual property
The Service Provider retains full ownership of all titles and property rights whatsoever attached to the Services offered to the Holder. None of these property rights are transferred to the Customer under the present contract.
22. Death of the Account Holder and Inactive Accounts
- Death of the Owner
The death of the Account Holder terminates the Framework Agreement, as soon as the Service Provider is notified. Unless the rightful claimants or the notary in charge of the estate agree otherwise, Operations carried out after the death of the Holder are deemed not to have been authorized.
The Payment Account remains open for the time required to settle the estate, and the Service Provider settles the balance with the agreement of the beneficiaries or the notary in charge of the estate.
22.2. Inactive accounts
Any inactive Account may be notified of inactivity by e-mail from the Service Provider, followed by a reminder one month later. The Account Holder's Payment Account is considered inactive when, after a period of twelve (12) months, it has not been the subject of any transactions (excluding management fees) initiated by the Account Holder (or any authorised representative), and the Account Holder has not contacted the Service Provider in any way whatsoever.
In the absence of a response or use of the balance credited to the Account within this period, the Service Provider may close the Account and maintain it for the sole purpose of transferring the sums due to the account indicated by the Account Holder. In the event of death, the balance may only be reimbursed to the Account Holder's heirs.
The Account can no longer be used for Payment Transactions.
23. Force majeure
The Parties shall not be held liable, or considered to have failed, under the terms of the present contract, in the event of delay or non-performance, when their cause is linked to force majeure as defined by article 1218 of the French Civil Code.
24. Independence of contractual stipulations
If any one of the stipulations herein is held to be null or void, it shall be deemed unwritten and shall not invalidate the other stipulations.
Should one or more of the stipulations herein become null and void or be declared as such in application of a law, regulation or following a final decision rendered by a competent court, the other stipulations shall retain their binding force and scope. The stipulations declared null and void will then be replaced by the stipulations that are closest in meaning and scope to the stipulations initially agreed.
25. Protection of funds
The Holder's funds are deposited, at the end of the Business Day following the day on which they were received by the Service Provider, in a segregated account opened in the books of a Bank under the conditions required by regulations.
Under the terms of article 24-10 (5) of the Law of May 20, 2011 published in the Mémorial A n° 104 of May 24, 2011 of the Grand Duchy of Luxembourg and article 14 of the Law of November 10, 2009 published in the Mémorial A n° 215 of November 11, 2009 of the Grand Duchy of Luxembourg, transposing Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up and pursuit of the business of electronic money institutions, the funds collected are protected and do not form part of the assets of the electronic money institution in the event of its liquidation, bankruptcy or any other situation in which it is in difficulty.
The Framework Agreement may not be transferred in whole or in part by the Licensee, whether for valuable consideration or free of charge. It is therefore forbidden to assign to a third party any of the rights or obligations it holds hereunder. In the event of breach of this prohibition, in addition to immediate termination of the present contract, the Service Provider may hold the Holder liable.
27. Evidence agreement
All data stored in an unalterable, reliable and secure manner in the Service Provider's computer database, relating in particular to Payment Orders and notifications sent, will be deemed authentic between the Parties until proven otherwise.
28. Complaints and mediation
The Cardholder is invited to contact the Platform's Customer Service Department, which may be indicated on the Site, for any complaints.
Any complaint other than that provided for in Article 10 concerning the conclusion, performance or termination of the Framework Agreement must be notified by e-mail to the following address: [email protected].
The Customer accepts that the Service Provider responds to its complaints on a durable medium. The reply will be sent as soon as possible and at the latest within fifteen (15) Working Days following receipt of the complaint by the Service Provider. However, for reasons beyond its control, the Service Provider may be unable to respond within this fifteen (15) day period.
In this case, it will send the Customer a reply specifying the reasons for the additional delay and the date on which it will send the definitive reply. In any event, the Customer will receive a definitive response no later than thirty-five (35) Business Days following receipt of the claim.
The Account Holder is hereby informed that the CSSF (Commission de Surveillance du Secteur Financier) is competent to settle disputes relating to the performance of this Framework Agreement out of court. For further information on the CSSF and the conditions of such recourse, please contact the Platform's Customer Service or consult the CSSF website(http://www.cssf.lu). Requests for mediation should be addressed to the Mediator of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d'Arlon, L-1150 Luxembourg,([email protected] ), without prejudice to other legal remedies. However, complaints may not be referred to the mediator if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if the request to the mediator is made more than one year after the written complaint to the professional, or if the dispute does not fall within the mediator's field of competence.
29. Applicable law and jurisdiction
Except in the case of application of a law of public order (which will apply only within the strict limits of its purpose), it is expressly stipulated that the Framework Agreement is subject to French law. Any dispute between the Parties under the Framework Agreement shall be submitted to the jurisdiction of the competent French courts.