Versión publicated on June 6th 2014
1. OWNERSHIP OF THE WEBSITE
1.1. The Ownership of www.letmespace.com website (hereinafter WEBSITE) corresponds to Commando Fada, S.L. residing in Bailen 101, 1st penthouse, 08009 Barcelona, registered in the Barcelona Mercantile Registration in Volume 44257, Book 451 189, Folio , with TIN number B-65255555 (hereinafter LMS).
1.2. In case you want to contact us, users can email us at [email protected]
2. PURPOSE OF SERVICE
2.1. These conditions of use and purchase regulate the use of the website and the use of management platform supply and demand for space and intermediation between individuals and / or companies (hereinafter, the platform).
2.2. By using the Web Site or engage the services offered on the person (hereinafter the "User") will be contracting with LSM agree to comply with the terms and conditions of service (hereinafter the "Terms") and will be legally bound by them, or does not become a registered user. These Terms govern your access and use the WEBSITE and services, and all contents and their participation in the platform and constitute a binding conditions between the user and LMS.
2.3. EYou agree that when accessing or using the website, and posting or downloading any content from the website or by participating in the referral program, you are agreeing that you have read, understood and agree to be bound by these Terms, is registered or on the WEBSITE. If you do not accept these terms, you are entitled to access and consult the web site, but it will be necessary to access and operate on the platform, engage the services, access some collective content and participate in the referral program and punctuation between Users requirement (hereinafter the "References"). For the purposes of this document, references as the system through which users both bidders and applicants understand they may assess other users, rate the quality of service, contracted space, the treatment received, and other parameters to provide other users more information about the spaces and their vendors.
2.4. The User should accept or agree to these Terms on behalf of a company or legal entity, represents and warrants have enough to act for or on behalf of the legal person in these Terms representation.
2.5. LMS offers a platform online through the Web site that connects hosts, owners or managers spaces (hereinafter, the "Host") with Users interested in book them and fill them (hereinafter the "Guest") to save and depositing them any kind of goods (collectively, the "Services").
2.6. WEB SITE and Services make up the internet platform through which the hosts of the spaces provide all necessary information on their space made available to interested parties. Also, any user will have access to information, the host references and the available space..
3. LEGAL AGE
3.1. Access to the WEBSITE is aimed at over eighteen (18) years.
3.2. To use the services, minors must obtain permission from their parents, guardians or legal representatives, who will be responsible for all acts performed by children in their care.
4. INTELLECTUAL PROPERTY
4.1. LMS is Host intellectual and industrial property rights or has obtained permits or licenses required for exploitation, associated with the domain name, trademarks and logos, published content, computer programs and other works and inventions content or related to this website and the technology associated with the platform.
4.2. The contents of this site, including non-limited designs, trademarks, applications, text, images and source code are protected by intellectual and industrial property.
4.3. The contents of this website may not be used, reproduced, copied, processed or transmitted in any form without prior permit written and explicit LMS.
4.4. LMS grants the user a non-exclusive, universal, without geographical or temporal limitation on the Host LMS platform according to the terms provided in this license herein.
4.5. The USER declares to have all permits and licenses images, logos, content, comments that may include and / or publish on the platform.
5. CONDITIONS OF ENGAGEMENT
5.1.1. You acknowledge that the spaces object of occupation or lease through the WEBSITE will be used only to deposit nondegradable items, for these purposes means enumerative manner but not limited housing motor vehicles, furniture or appliances. In no case may deposit, without limitation limitation, chemical, flammable, toxic chemicals, explosives, fuels, whose production or marketing illegal narcotics, psychotropic drugs, money or valuables, weapons, or any perishable product, food, organic, biological or living beings.
5.1.3. LSM has no control over the behavior of hosts, guests or other users of the Website, Services or any of the spaces made available, and assumes no responsibility in this regard.
5.1.4. LSM reserves the right to modify the contents of the Website or the Service, or to alter these terms, including fees, at any time and without notice, although such changes respected in any case transactions have already taken place with the Users. In case of modification of these Terms, LSM publish such amendment on the Web site, updating the last update date located at the top of the Terms.
5.2. HOST OBLIGATIONS
5.2.1. Host states that the space offered is free of encumbrances and occupants, and known extensions, conditions, circumstances, uses and characteristics, which sets out in full transparency through the WEBSITE or any other means to interested guests, guaranteeing all times use for housing space assets peacefully and safely. Also, the Host states have all the authorizations and permissions appropriate to make available space.
5.2.2. The Host, upon receiving a booking request through the site, you can confirm or reject it within 24 hours from the time of receipt.
5.2.3. With a booking request via our WEB SITE, LSM will inform you of: (i) the identification of the user who requested the reservation, (ii) a link to the profile page of the User's account, containing your references, ( iii) an indication that the name of the user provided LMS when registering matches the name provided to third-party service providers, such as Facebook, Linkedin, etc. to which the user has linked your account LMS, so you can see this information before confirming or rejecting the reservation request. When the Host confirm a reservation requested by a Guest, LMS will send an email, a text message or a message through the application confirming the reservation.
5.2.4. The Host appoints limited collection LMS as the sole purpose of accepting fees spaces by guests agent.
5.2.5. The Host accepts payments consider the guests made through LMS as if they had been paid directly to the Host. LMS does not guarantee payment. By accepting his appointment as authorised agent of the Host limited, LMS assumes no responsibility for the actions or omissions of the Guest.
5.2.6. Hosts not LMS, are responsible to respect all confirmed reservation and make available all booked through the WEBSITE space. The Host and not LMS, is responsible for fulfilling the obligations of the agreements reached with the guests, for which LMS is not a party.
5.2.7. Except for payment obligations hereby contracts, LMS is declared exempt from any liability in connection with such agreements between Host and Guest. However, LMS acts as collection agent Host solely for the purpose of accepting on behalf of the Host payments, applying to the amount the commission. When a user pays the total fees LMS, its payment obligation is extinguished with the Host, and LMS is responsible for transferring the Host amounts deducted the corresponding commission, as described under these Terms.
5.2.8. LMS is not responsible for managing or accept any claim by any Hosts related to surety bonds and rejects any and all responsibilities in this regard.
5.2.9. The Host agrees to allow access to space to its Guest hired as many times as have undertaken and in the form agreed at the time of the offer. The Host agrees to allow entry and accommodation of any property not specifically excluded in the terms or specific conditions set by the Host in the description of space WEB SITE. For this purpose, LMS included in the WEB SITE, criteria and parameters in order to provide the information of users who meet the conditions and requirements spaces proposed by the Host. The Guest undertakes to learn and respect the criteria and conditions of the Host, and the characteristics of space.
5.2.10. The host undertakes to inform LMS any change in the conditions or characteristics of space or change in accommodation space requirements. The Host agrees not to modify any of the terms agreed with the Guest during the term of the agreement hosting. However, in case of changes outside the control of the Host, and whether these will directly affect the use of space or accommodation of specific goods in the form in which it was agreed, it undertakes to inform the Guest to most as soon as possible, who in turn have the right to terminate the contractual relationship with the Host with a notice of five (5) days.
5.2.11. The Host, having finished the period booked and hired accommodation of chattels their space, the power, after notifying the Guest reserves, perform necessary in order to provide space free, safe and peaceful negotiations. You can also repeat any expense, loss or damage which incurred by the above against the Guest.
5.3. GUEST OBLIGATIONS
5.3.1 Guest's agrees and declares that the stored goods and / or parked in space Host are legal provenance and, where appropriate, which has its peaceful and legal possession or express authorization of the Host or person with right to dispose of them.
5.3.2. Guest’s agrees not to make use of the storage space of any other provisions to strictly and not to develop any other than the deposit and accommodation nondegradable chattels activity.
5.3.3. Guest’s agrees to make reservations of spaces offered by the hosts in good faith and to pay the price set in the WEB SITE as stipulated in these conditions.
5.3.4. Guest’s agrees to pay LMS reservations requested in connection with your account LMS if requested such reservations are confirmed by the relevant Host.
5.3.5. To perform the requested reservation, the Guest must provide regular billing information such as name, billing address and credit card information to LMS. The Guest agrees to pay LMS confirmed under these Terms by any of the methods described on the WEBSITE, for example, by PayPal or credit card reservation
5.3.6.Guest's authorizes the collection of such amounts uploading them to the credit card provided as part of the application for the reservation, either directly by LMS or indirectly through a payment processor.
5.4. RATES OF SERVICE AND PAYMENT
5.4.1 LMS reserves the right to interviene in the final price perceiving a previously fixed percentage as commission both on the final price for the occupation of space as on the amount to be transferred to the Host (hereinafter the "Fee").
5.4.2. In consideration for the reservation and contracting of spaces through the platform, LMS charge service fees including, where appropriate, any applicable taxes.
5.4.3. LMS reserves the right to modify the rate applicable at all times. The change will be announced and described in the website and enter into force upon its publication, without direct personal notification to users.
5.4.4. Payment will be made through any means of payment that are made available on the website.
5.4.5. Prices shown on the WEBSITE shall include, where appropriate, applicable taxes at all times.
5.4.6. LMS does not have access to banking data linked to payment methods and neither knows nor records these data during the payment transaction.
5.4.7. LMS charge the total fees at the time of the booking confirmation by the Host and start the payment of amounts, deducting applicable taxes and fees, the Host within since the occupation of the relevant space.
5.4.8. LMS transfer the balances to hosts via PayPal or direct entry into the currency you choose the Host. LMS may impose or deduct processing costs of foreign currency with respect to any remittances made.
5.4.9. The final total fee to be paid will be shown to the user before it sends your reservation request. The Host confirm or reject in any case the reservation request within the period and proceed to payment.
5.4.10. LSM published a guide on the website that will collect certain price recommendations, advice and proposals for platform users.
5.5.1. LMS reserves the right to suspend provisionally or permanently the Service when it detects that the user:
126.96.36.199. Violates any of the terms and conditions sections of recruitment and use of the Service.
188.8.131.52.Supplies or has supplied false or inaccurate when filling out the registration form data.
184.108.40.206 It is not up to date with PLATFORM payments.
5.5.2. The user and LMS, without prejudice as indicated in the previous section, can solve all agree with each other at any time by notifying the other party by any means accepted in law or dropping out from the section provided for that purpose in your account of user.
5.5.3 LMS will not return any amount if the cause for termination is a breach of these Terms of contract by the User.
5.5.4. LMS also may suspend and / or terminate the account to the User in the event that LMS suspects or has evidence of misuse of the platform, without prior notice.
6. RULES FOR USING THE PLATFORM
6.1. The user undertakes to use the platform according to the following norms of use and not to incorporate in the Service aspects that meet any of these requirements:
6.2.1 Contents which are contrary to public policy.
6.2.2 Contents whose intellectual property rights belong to a third party, if not has permission for publication.
6.2.3 or offensive content or threats involving serious insults.
6.2.4 Contents that violate children or against specifically protected by Spanish law.
6.2.5 Content related to products whose advertising or promotion is regulated by laws or restricted to certain groups.
6.2.6 Any other content that, in the opinion of LMS, is offensive, harmful or contrary to its values and internal rules.
6.3. LMS may remove any content or suspend service if its sole discretion, violates any of the rules and obligations described in these legal terms or may be deemed inappropriate and / or false by LMS.
6.4. If a user or any third party becomes aware of any violation of the rules described here or other that could damage property, rights or protectable interest, it must immediately contact with LMS via the email address [email protected] com indicating the violation. LMS, once it receives communication, will use the utmost diligence in addressing and resolving it.
7.1. LMS does not support or endorse any User or space. Images verified only have intended to provide a photographic representation of space at the time when the picture is taken. Consequently, verified images do not constitute any endorsement by LMS of any User or space. In accordance with the Terms, Users must provide accurate information, and although LMS perform additional checks and other procedures designed to help verify or check the identities or background of the users, no declaration is not made, nor confirm or endorse a any User or alleged identity or history.
7.2. Any reference in the WEBSITE a registered user or member of the platform (or similar term) only indicates that it has completed the process of verification, but it means nothing more. This description does not constitute any endorsement, certification or guarantee from LMS regarding reliability, identity, safety or suitability. Instead, both the description and the reference are intended to provide useful information that the user estimate when adopting their own decisions about the identity and suitability of others with whom contact or interact via WEB SITE.
7.3. The User is ultimately responsible and therefore must make their best efforts and to use due diligence when deciding to lease a space, accept the reservation of a Guest or otherwise interact with other users. LMS shall not be liable for any damage or injury resulting from interactions between users.
7.4. The use of the WEBSITE includes user acceptance of your own responsibility as Host or Guest and hold harmless LMS of any legal action brought by another user or by third parties for the development of the Services. This limitation shall not apply to any claims that the hosts had the right to raise against LMS in connection with the transfer of the payments received from the guests on behalf of the Host.
7.5. LMS will not be responsible for the proper provision of services offered spaces in assuming Users any liability arising from such activity and exonerated from any responsibility LMS. LMS know the content and the continent of space object of occupation or lease.
7.6. Without prejudice to the control measures that LMS has implemented, in no event be liable for the incorrect provision of the Service or discontinuation due to falling or operation of telecommunications networks of third parties.
7.7. The links contained on the website may lead to third party websites and in no case LMS assumes no responsibility for the content, information or services that may be offered or published on those sites that have information purposes only and in no case imply any relationship between the third and LMS cited.
7.8. Access, recruitment and provision of services by LMS requires a computer or informatics equipment and an Internet connection. The expenses associated with these items are not included within the services described in these legal conditions and shall be borne solely by customers.
7.9. LMS develops the utmost diligence in implementing security measures; however it assumes no responsibility regarding custody and proper use of passwords to access the website, which are the sole responsibility of the user.
8. PROTECTION OF PERSONAL DATA AND POLICY COOKIES
The user will be bound by the provisions of the policy of protection of personal data and cookies policy exposed to the User on the website.
9. LAW AND JURISDICTION
As provided for in these terms, as well as the interpretation and resolution of conflicts that may arise between the parties, will apply Spanish law.
TERMS OF PAYMENT
All payments on Gudog are processed safely by MangoPay provider whose conditions of use are detailed below:
The client, physical, elderly person, with legal capacity, which uses the electronic money issued by Leetchi Corp. SA through MANGOPAY solution., On its own behalf or on behalf of a corporation or association, hereinafter , "You" or "User" on the one hand.
Leetchi Corp. SA, a Luxembourg public limited company with capital of 500,000 euros, based on 14 rue Aldringen, L-1118 Luxembourg, registered with the Luxembourg Trade Register under number B173459, hereinafter "Leetchi" or "the Issuer ", for other; Hereinafter together the "Parties".
Carefully read the Terms of Service and MANGOPAY use of electronic money. If you wish to become a user, you should read these Terms and Conditions of Use and accept when registering. You represent that resides in Spain. Otherwise, you agree to leave the reserved users in Spain and connect to the Web site of your country of residence, where you will find the general conditions of use that will be applicable Website.
For the purposes of this contract, the terms used have the following definitions:
MANGOPAY: API interface is the "Application Programming Interface" made available by the Issuer Partner program to install on the Website a paid feature by issuing electronic money.
Bank: Crédit Mutuel Arkéa and ING Luxembourg or another credit institution authorized in a member country of the European Economic Area by the Issuer replaces it in the future.
Beneficiary: person to whom the electronic money of a payment transaction is transferred. It states that the beneficiary can be a user who is a party to a transaction or, where applicable, a non-profit within the framework of a charitable program Distributor provided in the General Conditions of the Website.
Bank card: payment card or credit, valid in France and in force, previously accepted by the Issuer (Visa, MasterCard, CB).
Terms of Website: are the general conditions of use of the Website agreed by the User and the Distributor, governing access to the Website and the agreement Transactions giving rise to the request for opening an account on behalf of the User for payment transactions and the purchase of electronic money.
Special Conditions: it is the data provided by the user when registering on the website, which contain the information necessary to enter into this agreement and manage your account: name, first name, date of birth, valid email address, password. These data are transmitted by the Issuer to open an account.
Account: the Electronic Money account opened by the Issuer in its books in the name of the user at the request of the Distributor.
Distributor: Gudog Pets S.L., head of the operation of the Web site, which offers users the ability to open an account, buy electronic money issued by the Issuer by means of the Website and use that
Electronic money to make a payment transaction a Beneficiary. The Distributor is authorized for this purpose by the Issuer to distribute electronic money, users of the Website.
Issuer: Leetchi Corp. SA, issuer of electronic money, provided for that purpose by the Commission in Luxembourg Financial Sector Surveillance under No 3812.
ID: is the data for the Issuer identifies a user. It consists of a user ID (valid e-mail address) and password.
Business Day: a calendar day except Saturdays, Sundays and holidays Luxembourg.
Electronic money: the monetary value is deposited in electronic format on the server of the Issuer, representing a credit User of the Issuer. Electronic money is issued by the Issuer against the corresponding User disbursement of funds.
Payment operation: means payment of a Beneficiary Electronic transfer money from an account of a user to an account of a beneficiary.
Drawback: Beneficiary's order for a transfer of all or part of your credit on Electronic Money Issuer, after deduction, if applicable, the charges applicable and in any event within the limits of the applicable regulations.
Refund (s): reimbursement by the Issuer of all or part of the Electronic Money credit available to a user.
Web site: is the Internet site www.gudog.com. exploited by the Distributor, which has the MANGOPAY solution.
User: natural person who is involved in his own name and uses the electronic money issued by the
Issuer for payment operations.
Expenses: are expenses that are due to the Issuer in respect of the issuance and management of electronic money this Agreement, within the limits of the applicable regulations.
The user can at any time obtain a copy of these documents by accessing the Web site. In case of dispute, the Contract shall prevail between the parties.
3. User Registration
3.1 Pre-Registration Conditions
The user must be an individual of at least eighteen (18) years of age and have legal capacity. He declares intervene on their own during the term of the Contract.
3.2 Registration procedure and opening of a User Account
By registering, the user must communicate their name, first name, email address and date of birth, nationality and country of residence.
Users indicate their ID, which consists of a user ID (valid e-mail address) and password. It is fully responsible for the confidentiality of your ID. You agree not to use the Accounts, the name or ID of another user at any time, or communicate their Identifier to third parties. You agree that, if he suspected that his ID is used fraudulently, you will notice immediately the Distributor to address Avenida Alcalde Mostoles, No. 33 28933 Mostoles. It is solely responsible for the use of your ID.
By agreeing to these Terms and Conditions of Use, you agree that the Distributor to register their entry in the service of the Issuer when deemed appropriate. Creating User Account formalizes the contract. The Issuer and the Distributor may refuse the application for registration without reason and without the User is entitled to compensation. The Issuer reserves the right to request at any time, through the distributor, additional information and identification data and supporting documentation it deems appropriate.
By registering and during the term of the Contract, the User declares:
- (A) it is having at least eighteen (18) years of age;
- (B) that all information provided at registration is true and accurate, and current.
3.3 Limits use of Electronic Money Account
While the user has not submitted the documents discussed below, required by the Issuer to control their identity, the user is subject to these limits:
- - maximum contribution of 2,500 euros Electronic Money belonging to a user during a calendar year by means of the same website, and
- - a maximum amount of 1,000 euros for reimbursement of electronic money during a calendar year by means of the same website.
Upon receipt of the following documents, provided the Issuer approves it, it will unlock the limits applicable to individual user
- copy of an official identity document currently valid: for Spanish citizens, identity card (recto verso); for foreign residents in Spain or abroad, passport;
- if the beneficiary is not the beneficial owner of the funds, the identity of the beneficial owner with a copy of his French identity card or passport, if the beneficial owner is a foreigner, and, eventually, proof of address, the Issuer may request at its discretion.
Upon receipt of the following documents, provided the Issuer approves it, it will unlock the limits applicable to the User entity
- recent extract from the Commercial Register,
- address of the registered office and law governing the establishment and functioning of society, statement of all beneficial owners holding more than 10% of the capital, signed by administrators, and identification of beneficial individuals,
- Administrator identity document or of the person authorized to bind the company in the context of transactions,
- bank details on behalf of society.
Upon receipt of the following documents, provided the Issuer approves it, it will unlock the limits applicable to User association:
- statutes of the association,
- didentification of association president,
- receipt of the declaration of creation of the association.
On the other hand, expressly it provides that, to proceed to the opening of Account, the Issuer reserves the right to request the documentation outlined above to identify the user and the beneficial owner of the Account in accordance with applicable regulations.
4. Operation of an account
4.1 Purchase of Electronic Money
The acquisition of Electronic Money can be made by bank card or by any other means of payment available with MangoPay solution in one or more times. The Issuer collects the cash amount paid by the user in return for the issuance of electronic money units by an equivalent nominal value, and deposited in the User Account, after deduction of the costs specified in the General Conditions of the Website.
4.2 Reimbursement for cancellation of Electronic Money Purchase
User electronic money holder may request redemption of all or part of electronic money at any time before using it in favor of a Beneficiary. Reimbursement will be requested by email to the address [email protected]
It will indicate the amount of reimbursement, which can be total or partial. The Issuer will adjust accordingly the number of units of electronic money it has issued and deposited in the Account. The Issuer gives payment order on the bank card within five (5) Business Days after receipt of the request User
4.3 Ownership of Electronic Money
Electronic money is deposited in the User Account by the corresponding value:
- Reimbursement to date, or
- until the date of completion of linking payment transaction.
4.4 Use of Electronic Money to perform a payment transaction
The amount of payment transactions is charged on the amount of electronic money recorded in the Account. When the amount is less than the price recorded of the Payment Transaction, the User may pay the price supplement using one of the means of payment accepted on the Website. In contrast, when there is a residual balance of electronic money in the Account, after the Payment Transaction, the User may decide to use it for a new payment.
The Issuer is outside the legal link exists between the User and the Beneficiary of the Payment Transaction. The Issuer is not liable for faults, defaults or negligence of the User or Beneficiary each other.
Electronic money is transferred to a payment transaction executed on behalf of or beneficiaries.
4.5 Use of Electronic Money received for a payment transaction
As appropriate, and in accordance with the provisions of the Agreement or the General Conditions of the Website, with the Beneficiary can immediately use the electronic money received to make another payment transaction or submit an application for Reinstatement.
In that event, the Issuer pays the Beneficiary the corresponding sum in an open bank account in your name at a bank whose registered office is in the European Economic Area. The Beneficiary shall for this purpose the IBAN number and SWIFT code of the bank account that holds, and address.
The Beneficiary shall be deemed to electronic money holder is the beneficial owner of Drawback in the sense of regulation. If appropriate, the Beneficiary undertakes to communicate the e-mail address, date of birth, nationality and address of the person to whom the Beneficiary deliver the funds from the Cash. The Drawback and the use of the relevant funds will be under the sole responsibility of the Beneficiary.
If the beneficiary decides to proceed to a refund, you may apply charges under the General Conditions of the Website.
4.6 Transmission and execution of an order Refund
When the user wishes to make Reimbursement Account, you will be identified on the website indicating your user ID (valid email address) and password. He filled in the application form Refund in the appropriate section and shall, where appropriate, the supporting documents requested by the Issuer. The refund request shall be irrevocable when the user clicks the button printed validation. The Distributor will then send the User a confirmation email, and perform the operation according to the printed refund.
5 Opposition ID, challenge and Operation report
The User shall inform the Distributor the loss or theft of your ID, misuse or unauthorized person or in their data upon becoming aware of it, to ask to be blocked. The declaration shall be made:
- - by phone call Customer Service Distributor, number: 93 1737947 or
- - email directly to the address: [email protected]
The Issuer immediately attend, through the Distributor, the application for opposition to the corresponding identifier. date and time of the event will be recorded and communicated to the user an opposition number with date and time. The Distributor will send the user a written confirmation of the opposition, by email. The Issuer is responsible for the administrative aspects of the case and kept for 18 (eighteen) months. The Issuer shall send a copy of the opposition to the User if he requests it in writing before expiry of that period.
Applications of objection must be confirmed without delay by the User concerned, by letter signed by the latter, delivered or sent by certified mail or email to the Issuer to the address listed at the beginning of this document or address [email protected]
The Issuer and the Distributor will not be responsible for the consequences of an opposition filed by fax or email does not apply to the User.
It shall be deemed an opposition has been made to the date and time of actual receipt by the Distributor. In case of theft or fraudulent use of the identifier, the Issuer is authorized to ask the user, through the Distributor, a receipt or copy of the complaint; the User agrees to respond as soon as possible.
5. 2 Contesting an Operation
Complaints concerning the operations carried out by the Issuer for the purposes of this Agreement, a payment transaction or any transaction to debit or credit the User Account in respect particularly buying Electronic Money, Cash or Money (a " operation "), refer the user to the Customer Service Distributor or the address indicated for that purpose in the General Conditions of the website.
The user who wishes to contest an operation considered unauthorized or improperly performed, shall give its demand to the Distributor as soon as possible, before the deadline of 13 (thirteen) ends months from the date of the operation in question (a "Challenge").
It never claims responsibility for the Issuer or the Distributor in the absence of the user, that constitutes willful default or gross negligence to their duties, late submission of an opposition or avoidance, or in case of bad faith.
Once validated the Disputed by the Issuer, the latter shall ensure that the electronic money account User regain the level it was before the contested operation by a temporary credit in units of Electronic Money.
The Issuer will keep the User Account on its books for a residual period of 13 (thirteen) months from the date of each payment transaction so that the user can present challenges to proceed. Users may obtain at any time a detailed payment transactions you made at the website Scoreboard.
After an operation, the user will receive an e Distributor with the following information:
- a) Reference to identify the operation.
- b) Information about the parties involved in the operation if necessary.
- c) Amount of the operation and, where appropriate, subject to the operation performed.
- d) detailed the charges applicable amount, if applicable.
- e) Date of receipt of the order, or the date on which the transfer was made Correspondent Electronic Money.
6. Modification of Contract
The Issuer reserves the right to modify at any time the General Conditions of Use. The Distributor makes them available to all users on the address provided upon registration
Any user can reject the proposed changes, notifying their disagreement Service Customer Distributor by registered mail with return receipt before the date of entry into force of the proposed amendments (the postmark attests to date) Street Bailen, nº 101 08009 Barcelona. Not notify their disagreement before the date of entry into force indicated before or within 7 [seven] days after its publication on the Website shall be deemed that the User accepts the proposed amendments. After the entry into force of the amendments, relations between the Parties shall be governed by the new version of the General Conditions of Use.
It is therefore important that you check your email and read frequently the General Conditions of Use, available on the Website at any time. In case of disagreement User, such disagreement will result in the termination of the Terms and Conditions of Use, without expenses, and reimbursement of Electronic Money units belonging to it.
7. Liability of the Issuer to access the Website
The Issuer will not be liable with respect to user errors, omissions, interruptions or delays of transactions through the website, which result from unauthorized access. The Issuer will not be liable for the theft, destruction or unauthorized data communications resulting from access to unauthorized website.
The Issuer reserves the right to temporarily suspend access to the online account for technical or maintenance reasons, without such operations give right to any compensation. You agree to limit such interruptions to what is strictly necessary.
The Distributor is solely responsible for the security and privacy of data reported to use the Website in accordance with the General Conditions of the Website; The issuer is responsible for the security and privacy of data that communicates with the user for the purposes of this Agreement for the creation and management of your Account and operations arising from the Account.
8.Cases of exclusion of liability of the Issuer
The Issuer is not involved in any way in the Transactions. The Issuer has no control over compliance, safety, legality, features and suitability of the products which are the subject of a Transaction. On this point it is for the user to perform properly informed Transactions with full knowledge. Each user's transaction results in a signed directly between him and the beneficiary, that is totally foreign to the Issuer contract. Accordingly, the Issuer will not be responsible for failure or poor performance of the obligations arising from the operation or of the damages that are caused to the user for this reason.
Although there are provisions to the contrary in this Agreement, the Issuer regarding the user is limited to the repair of the direct damage caused by the breach of a contractual obligation under this Agreement.
The User guarantees that no element of your profile on the website carefully against the rights of others or is contrary to law, public order and morality.
The User agrees to:
- Not perform the contract illegally or under conditions that could damage, disable, overburden, or alter the Website.
- Not usurp the identity of another person or entity, falsify or conceal their identity, age, or create a false identity.
- Not disclose data or personal information from third parties such as postal addresses, phone numbers, email address, credit card numbers, etc.
In case of breach of these obligations, the Issuer reserves the right to adopt appropriate procedures to cease such actions. Also you are entitled to suspend, delete or block access to the Account.
Without prejudice to legal proceedings to exercise third, the Issuer is entitled to exercise in his own name legal proceedings necessary to repair the damage he has suffered personally by defaults that are attributable to the user for the purposes of this Agreement.
If the user observes a breach of the above obligations, it may inform the Issuer about it, by contacting the Customer Service in [email protected]
10. Effective des General Conditions of Use and Termination
Users communicate your bank details for the Issuer to reimburse the User the Electronic Money to the credit of your Account. In the absence of such communication, the Issuer Redemption instructions apply and will immediately pay the Bank Card that has been used to acquire electronic money. The Issuer will be free of obligations when the user has confirmed the transfer to the bank account or the payment of the amount of Electronic Money in the Bank Card.
If a successor Issuer is appointed to issue electronic money distributed on the Website, the Distributor must obtain the express permission of the user to the change and indicate the Issuer modalities of transfer of funds for the Electronic Money minus expenses applicable.
In case of serious breaches, fraud or unpaid by the User, the Issuer reserves the right to terminate this Agreement by sending an email accompanied, if it is a termination of a registered letter with acknowledgment. Termination involves the removal of the Account and, if applicable, the refund to the User. Such Refunds may be blocked in certain cases, under the legislation to combat money laundering and financing of terrorism.
The termination of the General Conditions of Use on the initiative of the Issuer does not give any right to compensation for the User, the Distributor or the Beneficiary.
11. Right of withdrawal
The user has a period of fourteen (14) calendar days of age to exercise their right of withdrawal without having to justify any reason or suffer penalties. The period runs from the date of registration as a user.
The User shall notify its request of withdrawal within the time indicated to Customer Service Distributor, by phone or email, and send a confirmation email to the address the Customer Service Distributor.
For the purpose of exercising the right of withdrawal, the contract shall be terminated without charge under the conditions and reservations Articles L.121-20-8 et seq of the Consumer Code with.
12. Rules on combating money laundering and terrorist financing
The Issuer is subject to all the Luxembourg and French regulations on combating money laundering and terrorist financing.
By application of the provisions of French and Luxembourg law concerning the participation of financial institutions in combating money laundering and financing of terrorist activities, the Issuer must be informed of the transactions or business relationships of any user as to the source , the purpose and destination of the transaction or account opening. On the other hand, it will make the necessary steps to identify the user and, where applicable, the beneficial owner of the Account or allied operations. The User agrees to use all means for the Issuer to carefully examining the operation, to inform you of any extraordinary operation regarding the operations usually recorded for the purposes of this Agreement, and to communicate the documents or information required.
You acknowledge that the Issuer may suppress or delay at any time using an identifier, access to an account or the execution of a transaction or refund if there is not enough information on its purpose or features. It has been informed that an operation performed for the purposes of this Agreement may be subject to compulsory national Financial Intelligence Unit communication.
In accordance with regulations, the user can access all the information thus communicated without prejudice to such right of access to question the purpose of combating money laundering and terrorist financing when such data relate to the applicant.
They shall not be exercised or criminal penalties or liability claims or professional sanctions against the Issuer, its management employees who have submitted in good faith reports of suspicious activity to the national authority.
13. Personal and professional secrecy
You agree that data and nominative information concerning him, collected by the Issuer for the purposes of this Agreement to group companies which is part of the Issuer, as well as operational suppliers with which it has contracted are transmitted to address proposed transactions and services provided by third recipients of these personal data are subject to regulation to ensure an adequate level of protection, as defined in Article 561-7 II b of the Monetary and Financial Code. The list of third recipients of information covered by professional secrecy request shall be communicated to responsible under the Issuer. The data will be kept by the latter or by a company authorized for this purpose in accordance with legal and regulatory conditions.
Some data collected and retained by the Issuer to effect this Agreement may result in the exercise of access and rectification as provided by Law No. 78-17 of January 6, 1978 Recast, Computing, Files and Freedoms. Any User may at any time obtain a copy of the data relating to him requesting CNIL correspondent of the Issuer. You may also request in writing to that address, deletion or correction of such data. You can object at any time to receive commercial offers, order that their data is modified, oppose its communication directing a certificate or email mail with return receipt to the address the Customer Service of the Issuer. In this mail will indicate the full name and ID. Under current legislation, the mail shall be signed and accompanied by a photocopy of a User ID bearing his signature, and shall state the address to send the reply. It will be sent this response to the address, within 2 (two) months from the receipt of the request.
The Issuer cannery information and personal data for the maximum legal period or applicable regulatory, depending on the purpose of the process specific data.
14. Dormant Accounts
The Distributor and the Issuer the right to close the accounts that are inactive for more than 24 (twenty four) months are reserved. Please refer to the Terms and Conditions of website Distributor.
15. Force Majeure
The Parties shall not be responsible or noncompliant purposes of this Agreement in case of delay or non-performance for reasons related to a case of force majeure as defined by French jurisprudence.
16. Independence of the provisions of the Contract
If any provision of this Agreement is declared void or object, it is deemed not to exist, and not entail the annulment of the other provisions.
If one or more provisions of this Agreement were to be declared outdated or obsolete by application of a law, regulation or following a judicial decision of a competent jurisdiction, the other stipulations will keep their force and scope. The provisions that are declared null and void is then replaced by the terms the meaning and scope more similar to the originally agreed stipulations.
17. Protection of deposited funds
User funds are deposited at the end of each Business Day in an account with a bank that protects them.
18. Intransmisible contract
The Agreement may not be totally or partially, onerous or free transfer by the user. Therefore it prohibited to give any third party rights or obligations arising from the Contract. If this prohibition is violated, in addition to immediately terminate the Contract, the Issuer may claim responsibility.
EThe Issuer bill opening services and account management, including them in the expenditure in the General Conditions of Sale.
20. Test Agreement
All data reproduced unalterably, reliable and protected in the computer database of the Issuer concerning, in particular, payment orders and confirmations received by the user, notifications sent, accesses, Refunds and Repayments will faith among Parties until proven otherwise.
21. Applicable law and jurisdiction
Except in case of application of a law of public order (which only applies within the strict limits of its object) expressly provides that the Agreement is governed by French law, and that any dispute arising between the parties for the purposes of contract will be settled before the competent courts and French courts.