The contract between you and uFoodin is starting when you register your account on our website/App. By using our services, you accept the whole conditions of this Terms of Service. The contract is covering all our Services, as uFoodin website and App.
This contract is valid for Members & Visitors
You can visit our Privacy & Cookies Policy concerning all the information about the Data collection, data use, and shared personal information.
When you have filled our Registration form, and click on “Create Account”, you accept to conclude this contract that engaged you legally.
If you are not agreeing our Terms of Service Conditions, do not click on “Create Account”.
If you decided later to stop this contract and not use anymore our Services, you only need to Close your account.
uFoodin reserved the right to modify this Terms of Service Conditions, Privacy & Cookies Policy at any time. You will be informed directly by our platform or by email.
The modification will be sent before the effective date, and let you the time to close your account if you not agreeing the modifications.
By continuing to use our Services will automatically signify you agree the modifications, once it is taking effect.
2- YOUR OBLIGATIONS
2.1- Contract & Account
By concluding this contract, you warranty the following items:
– You are 18 years old minimum
– You are in capacity to conclude this contact
– You have never been banned by uFoodin to use its Services
– You need to have only one uFoodin account with you real name
– You need to use your real information and not create a fake account
– Your account should be use only by you, you are responsible of your own account:
• Choose a strong password and keep it personal
• You cannot share a part or the full use of your account to another person: its mandatory to respect the law and our Terms of Services Conditions
2.2- Payment
When you purchase one of our Membership Services or Ads Placement on uFoodin website/App, you need to pay it, accept your payment data are stored with us. You also accept to pay the potential the VAT added in your services. VAT depending of your location, if you are a Personal or Company purchaser.
For any Refund, please refer to our Refund Policy
If you purchase our Membership Services or Ads Placement Service and the payment is cancelled or decline, we will stop immediately your access to the Membership Services or Ads Placement bought. You also accept in function of your location to take in charge all type of transaction fees.
We keep your payment information to let continue, without interruptions your Services in the case of Monthly Payment Plan, or Annually Prepaid Plan. You can choose to do not renew the Services at the end of the contract and stop the Contract Renewal in advance, from your Purchases Account. You can check all previous purchase from My Purchases Page.
2.3- Communication
You accept we communicate with you by different way: by e-mail, mobile number, messages on uFoodin website/App, notifications. You can update your contact information at any time in your account.
2.4. Information
You can choose in your Account, your Privacy and Profile visibility, to limit or not the access to your information by other members or visitors.
All information shared on our Services can be view, share and copy by other member or visitors.
uFoodin is not have the obligations to publish any content on the website, and can delete content, post at any time.
2.5- Additional Obligations – To do on uFoodin
uFoodin ask to all members to respect the rules of website/App community, defined by our Community Policy and the following ones:
2.5.1 By agreeing this contract, you have to:
– Communicate only exact information’s and update it if there is any change
– Use your real identity to register an account and use our Services,
– Use our Services professionally
– Respect all uFoodin rules, including the law of privacy protection, tax laws and regulatory requirements, intellectual property law, unsolicited email laws, and export control laws.
2.5.2 – By agreeing this contract, you do not have to:
• Create a false identity to use our Services, or create an account for another person
• Communicate information you do not have the right to communicate (e.g. personal data of someone)
• Communicate any information of uFoodin without our consent
• Hijack our security systems
• Develop or use any kind of software as scripts, bots, to web scraping our Services, or copy our data, members on our Services, or add / download contacts or send / receive messages.
• Violate any intellectual property of others and the ones of uFoodin, as patents, trademarks, copyrights or others intellectual properties.
• Post any virus, or any dangerous code
• Try to obtain source code of uFoodin and our Services, by any way
• Declare to other you are affiliate or sponsored by uFoodin, without our consent
• Monitor our performances and functionalities for competitive purposes
• Sale our services, or agree any kind of contract with others on our Services, without our consent
• Disrupt our Services operation by any way
• Violate our Community Policy
3- YOUR RIGHTS
3.1- About your information
All your information published in our Service are your own property. You have choice to make its Visible or Not by others on your Account Settings. You grant a non-exclusive the world right to uFoodin for this information:
These rights are restricted:
All your personal data are subject of our Privacy Policy
If you submit suggestions on our Services through our Contact Form, you accept we share and use it for any purpose without financial compensation.
You are engaged to communicate only the information’s and content you are in right to share. All these information and content should be real, and not break the law or violate personal rights.
3.2- About our Services
At any time, uFoodin can modify Services Prices for the future, modify, suspend or stop a Services. In all cases you will be informed in a legal deadline.
The data may not be any more stored on our Services, but you can ask a copy of all your Data here.
3.3- Third Parties & Members
Third Parties and members may publish offers of products, services, jobs, advertising, and uFoodin is not responsible of their sales and marketing. We are not responsible of their activities. If their content is not legal, exact, partial, differed, or confusing, uFoodin is not responsible.
uFoodin cannot review all the content publish on the platform (website/App). You recognize by the accepting this Terms of Service conditions, uFoodin is not responsible of the content and information of members, third parties, and uFoodin is not caution of them, even uFoodin recommend you a member Service or Product, through Ads or Widgets. If you are a member who offers Product or Services, you recognize to have all necessary license and right to do it on uFoodin. uFoodin is also not responsible of Events listed on the platform.
3.4- Restrictions for abused behavior
In case of non-respect of the uFoodin rules, we can restrict you for the Network connection with others, (e.g. too many Connection request in small imparted time). If we consider you are still not respect other rules, defined by the Community Policy of uFoodin, we can close or suspend your account at any time.
3.5- Data
uFoodin use your data to suggest you some content as Product Offers, Job Offers, Ads. You can read the Privacy & Cookies Policy to know more about it.
3.6- Intellectual Property Rights
uFoodin has a full right on its brand, logos, name, premium membership logo as registered trademar
4- DISCLAIMER AND LIMITATION OF LIABILITIES
uFoodin and its subsidiaries do not gives warranty and reject responsibility on:
uFoodin and its subsidiaries should have no responsibility to you or with this contract for an amount greater than 1000 EUR (including all fees) for the period of this contract payable to us or to you.
This negotiation base and exclusions are between you and us, and are applicable on all potential request of compensation (e.g. civil liability, warranty, negligence)
All these previous restrictions are not valid in case of fraud, willful misconduct, gross negligence, death, personal injury, or negligence due to breach of a material duty, an obligation substantial enough to warranty it make the prerequisite for providing services and on which you can reasonably rely, but only to the extent that the damage was caused directly by the breach and was foreseeable at the conclusion of this Agreement and to the extent that it is typical in the context of this Agreement.
5- CONTRACT TERMINATION
Both parties are able to decide to terminate this contract at any time. Once the termination is done, you lose all your access and use right to our uFoodin Services.
Only the following stipulations continue to survive after the contract termination:
6- MARKETPLACE
Definition:
Seller : is uFoodin Members who selling its products/services on uFoodin Marketplace
Buyer : is uFoodin Members who buying products/services on uFoodin Marketplace
uFoodin : is the intermediate that facilitate the transactions between Seller and Buyer by offering the Marketplace system integrated on uFoodin platform.
Escrow Account : means the escrow account for the facilitation of all payments made via uFoodin Platform and Marketplace transactions.
Transaction fees : are the fees take on the global amount of each Transactions made between a Seller and Buyer. Fees are deductible of the global amount transaction. It mean the Seller will received the the Transaction global amount, minus the Transaction fees percentage indicate on this Term Of Service
6.1- Seller Subscription:
Seller subscription on uFoodin Marketplace:
Seller need to purchase the Business Membership on uFoodin in order to sell the products/services on the uFoodin Marketplace.
The uFoodin Business Membership is not refundable, even the verification of the compliance process is rejected by our service. The reason of the rejection could be, but not limited to:
Document unreadable
Document not accepted
Document expired
Document incomplete
Document missing
Document does not match user data
Document falsified
Underage person
Specific case
Legal proceedings against the company or its manager
Seller need to provide all documents List below to be verified by our service
o Company owner ID
o Company Registration proof
o Company Shareholder declaration
o Company Articles of Associations
Once the documents are verified and accepted by our service, the seller will be informed by email the validation. If needed, uFoodin could ask more document to complete the verification. Seller will immediately get access of the full functionalities of the marketplace.
6.2- Responsibility of each parties (Seller/Buyer/uFoodin)
6.2.1- Seller Party :
Seller is responsible for the quality of products/services delivered
Seller is the only responsible for the delay of the production and on indemnity caused due to the delay of utilization of the products/services by the buyer. The claim will be done by the buyer to seller directly.
Seller should put in its Seller dashboard the company information in the settings for each new product added on the marketplace.
Seller is responsible for choosing the correct VAT/Sales taxes/GST rate regarding the seller’s country regulation (if applicable) depending on the products/services the seller sells.
If the Seller need to establish a contract between the buyer and the seller company, the contract should include the commission fees of the escrow payment.
6.2.2- Buyer Party
Buyer is responsible for verifying the specification of the products/services before to buy
Buyer is responsible for paying the amount indicated on the sales contract
6.2.3- uFoodin Party :
uFoodin is only an intermediate between buyers and sellers, all issues regarding the delivery delay, quality issues of the products / services supplied and cancellation of the order by buyer/seller are not part of the responsibility of uFoodin
6.3- Purchase/Sell Policies:
6.3.1. Seller doesn’t indicate its own policies :
There is two case figures :
1st case figure: Cancellation before the payment of the buyer on the escrow account. Cancellation from the Buyer/Seller, no fees will apply on the cancellation.
2nd case figure: The party (buyer or seller) cancels the contract after payment of the buyer.
If the Buyer cancel the contract after its payment on uFoodin Escrow Account : 6% of the global amount will be retain, 5% for the Seller and 1% for uFoodin to cover Bank and Service fees
If the Seller cancel the contract after the buyer payment on uFoodin Escrow Account : 1% of the global amount will be retain for uFoodin to cover Bank and Service fee
6.3.2. Seller indicate its own policies
Seller can add its own policies on its store applicable for all its Product Offers, or add individually policies on each product offers. If the Seller add its own policies on the product offers, the ones of uFoodin in the paragraph 6.3.1 are not applicable.
6.4- Refund
If for some reasons the Seller need to refund partially or totally the buyer order, it will not be possible to do it through uFoodin Platform and our payment service. The Seller will need proceed to a direct bank wire to the Buyer Bank account. The transaction fees charged by uFoodin for this initial order are not refundable to the Seller.
6.5- Who is eligible to sell/buy products /services on uFoodin B2B marketplace.
Buyer and Seller from the countries list bellow are authorized to make transaction (sell or purchase) through uFoodin Marketplace :
COUNTRY |
COUNTRY CODE |
EUROPE |
|
Andorra |
AD |
Austria |
AT |
Belgium |
BE |
Bulgaria |
BG |
Cyprus |
CY |
Croatia |
HR |
Czech republic |
CZ |
Denmark |
DK |
Estonia |
EE |
Faroe Islands |
FO |
Finland |
FI |
France |
FR |
Georgia |
GE |
Germany |
DE |
Gibraltar |
GI |
Greece |
GR |
Holy See (the) |
VA |
Hungary |
HU |
Ireland |
IE |
Iceland |
IS |
Italy |
IT |
Latvia |
LV |
Liechtenstein |
LI |
Lithuania |
LT |
Luxembourg |
LU |
North Macedonia |
MK |
Malta |
MT |
Man (Isle of) |
IM |
Monaco |
MC |
Moldova |
MD |
Netherlands |
NL |
Norway |
NO |
Poland |
PL |
Portugal |
PT |
Romania |
RO |
San Marino |
SM |
Slovakia |
SK |
Slovenia |
SI |
Spain |
ES |
Sweden |
SE |
Swiss |
CH |
Turkey |
TR |
United Kingdom |
GB |
AFRICA |
|
Benin |
BJ |
Cameroon |
CM |
Cap-Vert |
CV |
Comoros |
KM |
Djibouti |
DJ |
Kenya |
KE |
Lesotho |
LS |
Madagascar |
MG |
Malawi |
MW |
Mauritius |
MU |
Morocco |
MA |
Rwanda |
RW |
Saint Helen’s Island |
SH |
South Africa |
ZA |
Suriname |
SR |
Swaziland |
SZ |
Tanzania |
TZ |
Togo |
TG |
AMERICA |
|
Argentina |
AR |
Bonaire, Sint Eustatius, Saba |
BQ |
Brazil |
BR |
Canada |
CA |
Chile |
CL |
Costa Rica |
CR |
Curaçao |
CW |
Dominica |
DM |
Dominican Republic |
DO |
Falkland Islands |
FK |
Honduras |
HN |
Mexico |
MX |
Paraguay |
PY |
Peru |
PE |
Puerto Rico |
PR |
Salvador |
SV |
United States of America |
US |
Uruguay |
UY |
ASIA |
|
Bhutan |
BT |
British Indian Ocean territory |
IO |
China |
CN |
Hong Kong |
HK |
India |
IN |
Japan |
JP |
Korea (The Republic of) |
KR |
Malaysia |
MY |
Singapore |
SG |
Taiwan |
TW |
Thailand |
TH |
Timor-Leste |
TL |
Vietnam |
VN |
OCEANIA |
|
Australia |
AU |
Christmas Island |
CX |
Fiji |
FJ |
Kiribati |
KI |
New Caledonia |
NC |
New Zealand |
NZ |
Solomon Islands |
SB |
Tonga |
TO |
MIDDLE EAST |
|
Armenia |
AM |
Azerbaijan |
AZ |
Bahrein |
BH |
Israel |
IL |
Jordan |
JO |
Oman |
OM |
Qatar |
QA |
Saudi Arabia |
SA |
United Arab Emirates |
AE |
OVERSEAS FRANCE |
|
French Guiana |
GF |
French Polynesia |
PF |
Guadeloupe |
GP |
Martinique |
MQ |
Mayotte |
YT |
Réunion |
RE |
Saint Barthélemy |
BL |
Saint Martin |
MF |
Saint Pierre and Miquelon |
PM |
Wallis and Futuna |
WF |
6.6- Escrow Account Payment Service
All transactions between Buyer and Seller will pass through an Escrow account payment service operated by uFoodin SAS. Any funds will be held in a third-party escrow account and will only be released to the seller upon successful verification of all legal documents of the transactions, as for example: contract, bill of lading, packing list, and all other documents legal documents that proving the good achievement of the transactions, depending of the transactions situations and types.
Transaction fees applied for Gold Seller (Business Membership Monthly & Annual) : 100 EUR / USD + 1% of the global transaction amount (including VAT if applicable and Shipping Cost)
Transaction fees applied for Basic Seller (Business Membersip Free) : 100 EUR / USD + 2% of the global transaction amount (including VAT if applicable and Shipping Cost)
6.7 – Shipping
This policy requires that all sellers provide accompanying services, coordinated shipment or pickup of products at destination address or other incoterm concluded with the buyers. Failure to comply with this policy may result in a warning, suspension of the seller privileges.
Incoterm accepted on uFoodin, take in charge by the Seller :
CIF (Cost Insurance & Freight ) :
Seller’s Obligations
Goods, commercial invoice and documentation
Export packaging and marking
Export licenses and customs formalities
Pre-carriage and delivery
Loading charges
Delivery at named port of destination
Proof of delivery
Cost of pre-shipment inspection
Minimum insurance coverage
Buyer’s Obligations
Payment for goods as specified in sales contract
Discharge and onward carriage
Import formalities and duties
Cost of import clearance pre-shipment inspection
DAP (delivered at place)
Seller’s Obligations
Goods, commercial invoice and documentation
Export packaging and marking
Export licenses and customs formalities
Pre-carriage and delivery
Loading charges
Cost of pre-shipment inspection
Main carriage
Delivery to named place of destination
Proof of delivery
Buyer’s Obligations
Payment for goods as specified in sales contract
Unloading from arriving means of transportation
Import formalities and duties
Cost of import clearance pre-shipment inspection
Onward carriage and delivery to buyer (depending on named place)
FOB (Free on Board)
Seller’s Obligations
Goods, commercial invoice and documentation
Export packaging and marking
Export licenses and customs formalities
Pre-carriage and delivery
Loading charges
Delivery onboard vessel at named port of shipment
Proof of delivery
Cost of pre-shipment inspection
Buyer’s Obligations
Payment for goods as specified in sales contract
Main carriage
Discharge and onward carriage
Import formalities and duties
Cost of pre-shipment inspection (for import clearance)
DDP (Delivered Duty Paid)
Seller’s Obligations
Goods, commercial invoice and documentation
Export packaging and marking
Export licenses and customs formalities
Pre-carriage and delivery
Loading charges
Main carriage
Proof of delivery
Import formalities and duties
Cost of all inspections
Delivery to named place of destination
Buyer’s Obligations
Payment for goods as specified in sales contract
Assist seller in obtaining any documents or information necessary for export or import clearance formalities
CFR (Cost and Freight)
Seller’s Obligations
Goods, commercial invoice and documentation
Export packaging and marking
Export licenses and customs formalities
Pre-carriage and delivery
Loading charges
Delivery at named port of destination
Proof of delivery
Cost of pre-shipment inspection
Buyer’s Obligations
Payment for goods as specified in sales contract
Risk starting with onboard delivery
Discharge and onward carriage
Import formalities and duties
Cost of pre-shipment inspection (for import clearance)
FCA (Free Carrier)
Seller’s Obligations
Goods, commercial invoice and documentation
Export packaging and marking
Export licenses and customs formalities
Pre-carriage to terminal
Delivery to named place of delivery
Cost of pre-shipment inspection
Proof of delivery
Buyer’s Obligations
Payment for goods at price agreed upon in sales contract
Unloading from arriving means of transportation
Loading charges
Main carriage
Discharge and onward carriage
Import formalities and duties
Cost of pre-shipment inspection (for import clearance)
6.8- Communication Policy between Seller and Buyer
As a Service Provider of uFoodin Marketplace, and all the services around the marketplace, as the Instant Messaging, and Social Platform functionalities in general, unless we inform you in writing that you are exempt from this policy, Seller can only contact a buyer by using uFoodin communication channel such as instant messaging functionalities or an uFoodin app. Seller may not use buyer personal data to contact buyers customers in any way for marketing or promotional purposes.
6.9- What uFoodin is going to check
uFoodin will verify:
The documents related to the status of the seller’s company
Documents regarding the exportation (Packing list, Certificate of Origin, etc)
The shipping documents (Bill of Lading, Waybill, etc)
Here are documents demanded per type of transportation used. Some products /services may have some exceptions and could be exempt of one or more documents demanded below.
Please note that uFoodin has right to ask more documents for further verification if there are suspected elements on the seller’s behavior or on the regarding transaction. Under no circumstances, uFoodin is responsible for delay or problem of shipping and quality issue or quantity issue of the product/service agreed by the seller.
Maritime
Proforma Invoice
Packing list
Certificate of Origin
Ocean Bill of Lading
Insurance Documents
Air cargo
Proforma Invoice
Packing list
Certificate of Origin
Air waybill
Insurance Documents
Inland transportation
Proforma Invoice
Packing list
Certificate of Origin
Inland Bill of Lading
Insurance Documents
Multimodal transport
Proforma Invoice
Packing list
Certificate of Origin
Combined Transport Bill of Lading
Insurance Documents
Please, find bellow the conditions to respects from the Seller, by delivering the documents scanned to uFoodin Support through the Seller Dashboard Message system, and also the original documents to provide to the Buyer before the Seller get paid*.
Once the Buyer received the original documents, within 48hours, the Buyer need to declare it to the Seller and Marketplace support to let proceed uFoodin to initiate the Supplier Payment. Got to “Orders”, enter in the Order details, and go to the section “Add a Note”. Without update from the Buyer after 48 hours after the original documents reception by mail, the Seller is in its right to request the withdrawal of the global amount of the order.
6.10- uFoodin Zero Tolerance Policy
uFoodin will investigate and may immediately suspend Seller privileges pending our investigation of any of the following buyer-reported incidents:
Fraudulent or offensive behavior (including information on your account, communication between you and uFoodin, communication between you and customers, and your behavior on the buyer property or designated service location).
Illegal activity in the course of performing your product sell or services.
6.8- Sell on uFoodin through uFoodin E-store
To access to the service Sell on uFoodin B2B Marketplace through uFoodin E-store, you need to purchase the Business Membership – Managed.
In this formula, uFoodin will post your product offers on its own E-store and manage sales as intermediate between your company and clients on uFoodin Platform
uFoodin act only as intermediate, and all potential disputes about the products, shipping, quality issue, are your responsibility as supplier of the products.
Clients of your product should accept this terms before place order, and be aware in case of disputes, that uFoodin will give all necessary contact information of the supplier to solve the dispute with the supplier directly.
uFoodin do not take any responsibility of in case of disputes and could not be considerate as a”Party” in the dispute.
7- MARKETPLACE PAYMENT SERVICE
MANGOPAY FRAMEWORK CONTRACT FOR ISSUING, MANAGING, MAKING ELECTRONIC MONEY AVAILABLE
General Conditions of Use of Electronic Money
Version of 27/11/2020
Entered into between:
The client of the Site, a legal or physical person registered in the Business and Companies Registry (or a national business registry or any other equivalent professional organisation) in a Member State of the European Union or in a State that is part of the European Economic Area, or in a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, acting exclusively on their own behalf for professional purposes (commercial, industrial, artisanal or independent),
hereinafter, referred to as the “User” or “Professional User”,
or
The client of the Site, a legal or physical person resigning in a Member State of the European Union or in a State that is part of the European Economic Area, or in a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, acting exclusively on their own behalf for non-professional purposes,
hereinafter, referred to as the “User” or “Consumer User”, party of the first part,
and
MANGOPAY SA, a limited liability company under Luxembourg law, having its registered office at 2, Avenue Amélie, L-1125 Luxembourg and registered with the Luxembourg Commerce and Companies Registry under number B173459 (the amount of the share capital can be consulted here : https://www.mangopay.com/legal-notice/), authorised to carry out 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 “Issuer”, party of the second part,
hereinafter, referred to separately as a “Party” and together as the “Parties”.
1. Definitions
For the purposes hereof, the terms hereinbelow are defined as follows:
“Authentication”: indicates the procedures defined by the Distributor in order to identify the User or the validity of a Payment Order. These procedures include using the Personalised Security Data and the Identification Data.
“Strong Authentication”: indicates the Authentication procedures defined by the Distributor and that respond to the requirements of European Directive 2015/2366 of 25 November 2015. This Strong Authentication specifically includes elements that allow for establishing a dynamic link between the Operation, the amount and the Beneficiary.
“Banks”: indicate credit institutions in charge of holding funds collected by the Issuer on behalf of the corresponding to the Electronic Money in circulation. The institutions today are Crédit Mutuel Arkéa and ING Luxembourg. The Issuer has the possibility of selecting any other authorised credit institution in a Member State of the European Union or a party under the European Economic Area agreement.
“Beneficiary”: indicates the legal or physical person acing on their behalf, designated by the User from among the clients of the Site, for the benefit of which Electronic Money is transferred in the framework of a Payment Operation. Any Beneficiary may become a User under the meanings hereof upon acceptance of the Framework Contract, subject to the Issuer’s acceptance. In certain cases, the Beneficiary may become a Distributor pursuant to Specific Conditions.
“Card”: indicates the debit card, payment card or credit card used by the User to transfer the funds to the Issuer in return for the issuance of Electronic money. This card must be within one of the following networks: Visa, MasterCard, CB, AmEx.
“Account”: indicates an internal reference allowing the Issuer to identify in its books the different operations of acquiring, using and reimbursing Electronic Money carried out in the name of this User and to determine, at any time, the amount in euros of the Electronic Money available held by this latter. The Account may in no way be associated with a deposit account, a current account or a payment account.
“General Conditions of the Site”: indicates the general conditions of use of the Site entered into between the User acting in the capacity of client of the Site and the Distributor, specifically governing access to the Site.
“Framework Contract”: indicates these General Conditions of Use of the Electronic Money, including the Registration Form and the Price Conditions, governing the use of the Services as well as managing the Account by the Issuer.
“Price Conditions”: indicates the financial terms agreed to between the User and the Distributor, including the fees under this Framework Contract. This document includes all the fees paid for acquiring, using and managing the Electronic Money as established in the General Conditions of the Site.
“Distributor”: indicates the entity, duly authorised by the Issuer, who uses the site, whose contact information is indicated in the General Conditions of the Site. The Distributor prepares, facilitates and advises clients, for the purposes of the Framework Contract through the use of its Site. It accompanies clients during their entire relationship with the Issuer in the framework of carrying out their Payment and Reimbursement Operations. For this purpose, the Distributor makes customer service available to all clients dedicated to Payment Operations carried out an application hereof. The Distributor does not collect funds with the exception of the fees agreed to in the Price Conditions.
“Personalised Security Data”: indicates the personal data provided by the Distributor to the User for the purposes of Authentication. It includes the Identification Data, as well as potentially any other data related to the Authentication procedure or Strong Authentication.
“Identification Data”: indicates the unique identifier and the password of the User, that allows them to access their Personal Online Area.
“Personal Data”: indicates any information related to the physical person who is the User, or a physical person related to the legal person who is the User (specifically a corporate executive, a beneficial owner, or an Authorised Person), under the meaning in European Regulation 2016/679 related to protecting personal data.
“Issuer”: indicates MANGOPAY SA, issuer of Electronic Money, authorised in Luxembourg by the Commission de Surveillance du Secteur Financier under reference number 3812 and authorised to carry out its activity in all Member States of the European Union. The Issuer appears on the list of electronic money institutions available at http://supervisedentities.cssf.lu/index.html?language=fr#Home
“Personal Online Area”: indicates the environment dedicated to the User, accessible on the Distributor’s Site, allowing them to use the Services
“Registration Form”: indicates the form to be filled out by anyone wishing to register for Services, accessible on the Site at registration or made available by the Distributor.
“Identifier”: indicates the data necessary to identify the User by the Issuer for carrying out a Payment Operation including a user login (valid email address)
“Business Day”: indicates a calendar day with the exception of Saturdays, Sundays, and public holidays in mainland France and Luxembourg and any other day designated as such by the Issuer.
“Electronic Money”: indicates the monetary value available representing an amount due the User from the Issuer. Electronic Money is issued by the Issuer in exchange for the User providing corresponding funds in euros (€) and constituting a Payment Method accepted exclusively by the Beneficiaries. The Issuer keeps it in electronic form on their server by registering it in the Account open for this purpose.
“Payment Method”: indicates the payment methods other than the Card, listed on the Site, the option of which is offered by the Issuer that allows the User to provide them the funds in exchange for the issuance of Electronic Money.
“Payment Operation”: indicates the transfer of Electronic Money to the Beneficiary indicated on the Site by a User.
“Order”: indicates the instructions given by the User to the Issuer in compliance with the procedure established in the Framework Contract to carry out a Payment Operation and/or a Reimbursement.
“Payment Page”: indicates the page secured by Payline, the monetary provider of the Issuer. Only this address is to be considered valid by the User. The User is asked to systematically verify the address at the top of the page.
“Person in Question”: indicates the physical person who is the User or any person related to the User (specifically a corporate executive or a beneficial owner), whose Personal Data is processed in the framework of the performance of this Framework Contract.
“Reimbursement”: indicates the transfer by the Issuer upon the User’s Order, of non-cash funds corresponding to all or part of the Electronic Money available held by them less the potential fees due.
“Services”: Indicates the services of issuing, managing and making Electronic Money available, provided
by the Issuer to the User as described in Article 5 herein.
“Distributor Customer Service”: indicates the customer service whose contact information is indicated on the Site, from which the User may obtain information regarding the Framework Contract.
“Site”: indicates the website used by the Distributor whose purpose is to sell goods or services to Users or to collect funds from them, or to put Beneficiaries in contact with Users. The Site included the API with the Brand’s colours to allow the User to have a payment method available issued and managed by the Issuer to transfer the funds to the indicated Beneficiary.
“Hard Copy”: indicates any instrument allowing the User to store information addressed to them personally in order to be able to refer to it later during a time period adapted for the purposes for which the information is provided and allowing them to identically reproduce the information stored. It is generally offered in the form of a PDF file.
“User”: indicates any physical or legal person acting on their behalf holding Electronic Money recorded in an Account opened in their name, in order to carry out Payment Operations.
2. Purpose
The Framework Contract has the purpose of defining the conditions in which the Issuer provides to the User a payment method exclusively accepted by the Beneficiaries in the framework of their relationship established via the Site, in return for the fees described in Article 9 hereof.
The Payment Method proposed must be systematically prepaid by the User and is not subject to any advance, credit or discount. It is based on Electronic Money issued by the Issuer.
The Issuer authorises the Distributor to propose to clients of the Site this payment method, to facilitate entering into this contract and to accompany the Users during their entire relationship with the Issuer.
Only the Framework Contract is valid between the Parties in the event of a dispute.
3. Registration for the Services
3.1. Registration Methods
The Framework Contract is entered into remotely, according to the terms established by the Distributor under the General Conditions of the Site. To enter into the Framework Contract Online, the client must have the necessary equipment (materials and software), for which they alone are responsible, compatible with this method of entering into a contract.
By default, acceptance of the Framework Contract is carried out remotely via the Site and is entered into by electronic signature. The client has the possibility of requesting to sign the Contract by hand. For this purpose, they must print this Contract, sign it, and return it by electronic or postal mail to the Distributor Customer Service, the contact information of which is indicated in the General Conditions of the Site.
In the event of a handwritten signature, the date of entering into the Framework Contract is the date indicated on it and if there is no date, it will be the date that the Framework Contract is received by the Distributor.
Electronic signing of the Framework Contract is carried out via the Site. The date of entering into the Framework Contract corresponds to the date on which the client has finalised the e-signing process as indicated on the Site.
The Framework Contract entered into with the Parties electronically has the same legal status as a Framework Contract on paper.
3.2. Contractual Documents
The Framework Contract includes:
the General Conditions of Use of Electronic Money;
the Registration Form available on the Site;
the Price Conditions indicated by the
These General Conditions of Use of Electronic Money, as well as the Price Conditions, are made available to the User on the Site and downloadable as a Hard Copy according to the methods indicated on the Site. At any time during the contractual relationship, the User may, upon request, receive these documents in paper format.
The Issuer will maintain access to the contractual documents for a term of five (5) years from the end of the contractual relationship. The Issuer will end this service at the end of the above-mentioned five- (5) year period.
4. Opening an Account
4.1. Necessary and Prior Conditions for User Registration
Any legally capable physical person at least eighteen (18) years of age and any legal person, residing and/or registered in a Member States of the European Union or in a State that is part of the European Economic Area agreement or in a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, may send a request to open an Account subject to the physical person being referenced on the Site in the capacity of consumer or in the capacity of professional. A legal person may only be referenced as a professional.
The User acknowledges from the time of issuing their registration request to the Distributor and during the entire term of the Framework Contract:
that they are at least 18 (eighteen) years of age and legally capable;
that they are acting on their own behalf;
that all the information provided upon their registration are true, exact and up-to-date.
4.2. Registration Procedure and Opening an Account
Information and Proof
Any interested party must provide to the Distributor the information and documents listed hereinbelow, for the Registration Form, in the event that this information and these documents are not already in possession of the Distributor.
The interested party undertakes to provide the information and documents corresponding to their status either as a professional or as a consumer.
For the User, who is a physical person and consumer:
their last name, first name, email address, date and place of birth, nationality and country of residence;
a copy of the User’s valid official identity document (e.g., identity card, driver’s license, and for citizens of countries outside of the European Union, a passport).
For the Professional User:
for physical persons:
their last name, first name, email address, date of birth, nationality and country of
an original or a copy of the official registration extract dated within three months that indicates registration as a retailer or in the national business registry or any other professional organisation that the User is a member
a copy of the User’s valid official identity document (e.g., identity card, driver’s license, and for citizens of countries outside of the European Union, a passport).
for legal persons:
their business name, business form, capital, address of the registered office, description of the activity, the identity of the business associates and officers, as well as the list of the beneficial owners such as defined by regulation;
a Kbis extract or equivalent document dated within three months proving their registration at the Business and Companies Registry of a Member States of the European Union or a State that is part of the European Economic Area agreement or a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism and their bylaws. This document must include the business name, legal form, address of the registered office and the identity of the business associates and officers mentioned in Sections 1° and 2° of Article R.123-54 of the Code of Commerce or their equivalent in foreign law;
a copy of the bylaws and potential decisions specifically certified true legal copy from the legal representative;
a copy of the identity card or passport of the legal representative and, as the case may be, the beneficial owner(s);
The statement from the beneficial owners of the legal person holding more than 25% of rights in the event that the interested party has not declared their beneficial owners in the national registry, or if it is not subject to this
The User may also be requested to provide the bank details from an open account in the name of the person mentioned in Sections 1° to 6° bis of Article L.561-2 of the Monetary and Financial Code in a Member State of the European Union or a State that is part of the European Economic Area agreement or a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism
It is expressly established that the Issuer maintains the possibility of requesting before opening an account and at any time during the term of the Framework Contract, additional documents related to the User, the beneficial owners, or a specific Payment Operation.
Restriction of the Account
By the Issuer’s free assessment, use of an Account may be restricted without the Issuer having to justify their decision to the User in question. The functioning of the Account will specifically be restricted when the User has not provided all of the information and documents required by the Issuer, such as listed hereinabove. These restrictions are indicated to the User by the Distributor.
Finalisation of Registration
After entering into the Framework Contract, the User must provide all of the information and proof that are requested by the Distributor. By giving their consent to the terms of the Framework Contract, the User accepts that the Distributor will transfer to the Issuer their request for registration as a User and all the proof documents received by it.
The Issuer alone has the power to accept the registration of an interested party as a User for an Account in their name. This acceptance will be indicated to the User by the Distributor by any means under the terms established on the Site.
The Issuer, without motivation, or right to an indemnity in favour of the User, may refuse a request to open an Account. This refusal will be indicated to the User by the Distributor by any means under the terms established on the Site.
5. Functioning of the Account
5.1. Purchasing Electronic Money
Acquiring Electronic Money may be done, by Card (or any other Payment Method accepted by the Issuer), once or several times.
When such an operation is requested, the User will be identified on the Site by indicating their username (valid email address) and their password or via their Facebook account.
The funds transfer request will be indicated on the Payment Page dedicated for this purpose. The Issuer may request using a one-time code sent to the User’s mobile telephone by the institution that issued the Card. If this is the case, it is the Issuer’s right to refuse any payment following their free assessment without this decision giving rise to any indemnification. The funds transfer operation is carried out by the institution that issued the Card. Any dispute for such a transfer must be indicated to this institution. The Issuer is not authorised to cancel such a transfer. Notwithstanding the foregoing, the User may obtain Reimbursement for the Electronic Money Pursuant to Article 5.4.
Electronic Money arriving in the User’s name may be based on the effective receipt of the funds collected less the fees agreed to under the Price Conditions.
In the event that the transfer of funds is cancelled by the Card issuer following it being contested, no matter the reason stated, the Issuer upon receiving information may suspend or cancel any Payment Operation, close the Account in question, debit at any time the Account of the amount of Electronic Money corresponding to the funds of the cancelled transfer and proceed to recovery of the amounts due by the User by any means.
5.2. Functioning of the Account
Electronic Money is stored for an indeterminate term in the User’s Account by the Issuer under the agreed- to Price Conditions.
The Account is credited by acquiring Electronic Money in exchange for funds ordered by the User directly from the Issuer via their Card (or any other Payment Method accepted by the Issuer) less the corresponding fees is established in the Price Conditions. This Account is debited on the Order of the Electronic Money User in the amount of the Payment or Reimbursement Operation carried out including the related fees as established in the Price Conditions. The Issuer is authorised at any time to debit this Account in the amount of the Electronic Money corresponding to the fees due and payable established in the Price Conditions.
The amount of Electronic Money available in the Account is immediately adjusted based on:
the fees due and payable, by the Account User, the payment of which is carried out in Electronic Money;
the Orders transmitted (or being transmitted) to the Issuer regarding Electronic Money stored in the Account;
funds received by the Issuer in payment for acquiring Electronic Money in the Account;
and any cancellation regarding any of the above-mentioned operations in application
5.3. Use of Electronic Money to Carry Out a Payment Operation
Before issuing an Order, the User must ensure that they have a sufficient amount of Electronic Money available to cover the amount of the Payment Operation and the related fees as established in the Price Conditions.
If necessary, they must acquire sufficient Electronic Money in compliance with Article 5.1 before the Order may be validly transferred to the Issuer to carry it out. Electronic Money may only be held by the User subject to the effective issuance of corresponding funds. Electronic Money in no way may be issued for credit. Additionally, when the amount of Electronic Money available on the date the Order is carried out by the Issuer is below the amount of the Payment Operation (including fees), the Order will automatically be refused by the Issuer. The information about this refusal will be made available to the User on the Site. This Refusal may give rise to additional fees according to the Price Conditions.
The methods for transmitting an Order by the User are the following:
When the User wishes to carry out a Payment Operation, they will indicate their identification in their Personal Online Area by indicating their Identification Data and, if need be, by following a Strong Authentication procedure if indicated to them. They will fill out the proper form on the Payment Page and, if need be, indicate the proof documents requested by the Issuer. The form must indicate the following elements: the amount in euros (€) of the Payment Operation, the elements allowing for identification of the Beneficiary, the date the Order is executed and any other required information.
The User irrevocably consents to the Payment Order by clicking on the “validation” button (“Date of Receipt”). The receipt of the Payment Order is confirmed in the User’s Personal Online Area or by email. No Order may be withdrawn by the User after the date upon which it is deemed to irrevocably have been received, which is from the Date of Receipt.
In certain cases, the User may fill out a single form containing an order to transfer funds such as established in Article 5.1 and an Order allowing Payment Operations to be carried out in line with the preceding paragraph.
Carrying Out the Order:
The amount of the Payment Operation will be deducted from the Electronic Money available in the Account to be credited in favour of the Beneficiary following the User’s instructions. Additionally, the Beneficiary may open an Account pursuant to Article 4.2 to receive the Electronic Money if they are not already a User. The funds corresponding to the Electronic Money used, if it be the case, may be directly transferred to a bank account or payment account open in the name of the Beneficiary upon receiving the information of this account by the Issuer. For this purpose, the Beneficiary must provide the IBAN number and the SWIFT code of their bank account or payment account as well as the address. This account must be open in a banking or payment institution established in a Member State of the European Union or a State that is part of the European Economic Area agreement or a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism.
It is expressly agreed that the Orders are executed at the latest at the end of the Business Day following the Date of Receipt of the Order by the Issuer (and on the agreed-to execution date for standing or timely transfers) if the Beneficiary has an Account. If necessary, the Date of Receipt may be delayed until an Account is opened or until the day the Issuer has gathered the information of the bank account or payment account of the Beneficiary receiving the funds.
Any Payment Order received after 4:00 p.m. by the Service Provider will be deemed to have been received the following Business Day. If the Date of Receipt is not a Business Day, the Order will be deemed to have been received the following Business Day.
5.4. Transmission and Execution of a Reimbursement Order
When a Reimbursement Order is requested, the User will be identified on the Site by indicating their Identification Data or connecting via their Facebook account. They will fill out the proper form on the Payment Page and, if need be, indicate the proof documents requested by the Issuer. The User must indicate on the form the following elements: the amount of the Reimbursement, the date the Order is to be executed and any other required information.
The User irrevocably consents to the Payment Order by clicking on the “validation” button (“Date of Receipt”). The receipt of the Payment Order is confirmed in the User’s Personal Online Area or by email. No Order may be withdrawn by the User after the date upon which it is deemed to irrevocably have been received, which is from the Date of Receipt.
Reimbursement will be carried out by crediting the Card (or Payment Method) that the User used to acquire the Electronic Money. If it be the case, it will be carried out by funds transfer to the bank account or payment account of the Beneficiary the information of which has been provided to the Issuer (“Notification Date”). It is agreed to between the Parties that the Reimbursement will be carried out at the latest at the end of the Business Day following the receipt or notification depending on the case.
Any Reimbursement Order received after 4:00 p.m. by the Service Provider will be deemed to have been received the following Business Day. If the Date of Receipt is not a Business Day, the Order will be deemed to have been received the following Business Day.
5.5. Withdrawing an Order
No Order may be withdrawn by the User after the date upon which it is deemed to irrevocably have been received as indicated above.
6. Reporting
The User, in their Personal Online Area, has a statement of the Operations carried out available to them. They are asked to attentively acknowledge the list of these operations. The User recognises that only the statement of the Payment Operation validated by the Issuer is deemed as recognition by the latter of the Electronic Money available in the Account on the day indicated on the statement. The User may, at any time on their personal page accessible on the Site, access an indication of the amount of Electronic Money available in the Account.
It is specified that for each Operation carried out on the Account, the User has the following information available to them: the reference number of the Operation, the identification of the Beneficiary, the amount of the Operation, the date the Order is received, and if it be the case, the fees related to executing this Operation.
The Issuer will provide the User upon request the monthly statements of the Account for the previous thirteen (13) months.
7. Objection Regarding Personalised Security Data
The User must inform the Distributor of the loss or theft of their Personalised Security Data, of any misuse or unauthorised use of their Personal Online Area or their data as soon as they become aware of this and request that it be blocked. This declaration must be carried out:
by making a telephone call to the Distributor Customer Service at the number indicated in the General Conditions of the Site; or
directly by electronic message through the contact form accessible on the
The Issuer, through the Distributor, shall immediately execute the request for blocking the identifier in question. The event will be recorded and date/time stamped. An objection number with date/time stamp will be provided to the User. Written confirmation of this objection will be sent by the Distributor to the User in question by electronic message. The Issuer will take administrative responsibility of the file and keep all proof relating to it for 18 (eighteen) months. Upon written request of the User and before this time frame expires, the Issuer will provide a copy of this objection.
Any request for objection must be confirmed immediately by the User in question, by a letter signed by the latter, provided or sent by registered mail, or email, to the Issuer at the postal address indicated hereinabove.
The Issuer and the Distributor will not be held responsible for the consequences of an objection sent by fax or email that does not come from the User.
A request for objection is deemed to be made on the date and time of the effective receipt of the request by the Distributor. In the event of theft or fraudulent use of the Identifier, the Issuer is authorised to request from the Distributor, a statement or copy of the complaint of the User and undertakes to respond to it as quickly as possible.
8. Contesting an Operation
8.1. Provisions Common to All Users
For any claim relating to Payment or Reimbursement Operations carried out by the Issuer in the framework hereof, the User is asked to address the Distributor Customer Service at the address indicated for this purpose in the General Conditions of the Site.
If an Order is executed by the Issuer with errors attributed to this latter, this should be contested as soon as possible to the Service Provider, the Order will then be cancelled and the Account returned to the situation that it was in before receiving the Payment Order. Following that, the Order will be correctly reissued.
The fees indicated in the Price Conditions may be due in the event an Operation is unjustifiably contested.
8.2. Provisions Applicable to the Professional User
The Professional User wishing to contest a Transfer Operation unauthorised by them or improperly executed must contact the Distributor Customer Service by telephone as soon as possible after they become aware of the anomaly and at the latest within eight (8) weeks following the transaction of the operation, it being their responsibility to contest it to the Issuer as soon as possible. Unless there are good reasons to suspect the User of fraud, the Issuer will reimburse the User in the amount of the Operation immediately following receiving the request to contest it, and in any case at the latest at the end of the next Business Day. The Issuer will return the Account to the state it was in before the unauthorised Payment Operation took place
In the event of the loss or theft of Personalised Security Data, unauthorised Operations carried out before they are contested are the User’s responsibility. Operations carried out after they are contested are borne by the Issuer unless in the event of fraud by the User.
8.3. Provisions Applicable to the Consumer User
The Consumer User wishing to contest a Transfer Operation unauthorised by them or improperly executed must contact the Distributor Customer Service by telephone as soon as possible after they become aware of the anomaly and at the latest within thirteen (13) months following the date it is debited, it being their responsibility to contest it to the Issuer as soon as possible. Unless there are good reasons to suspect the User of fraud, the Issuer will reimburse the User in the amount of the Operation immediately following receiving the request to contest it, and in any case at the latest at the end of the next Business Day. The Issuer will return the Account to the state it was in before the unauthorised Payment Operation took place
In the event it is contested, responsibility for proof that the Operation was identified, duly recorded and accounted for, and that it was not affected by technical or other deficiencies is the responsibility of the Issuer.
In the event of an unauthorised Payment Operation following the loss or theft of Personalised Security Data, the User is responsible for the losses related to the use of Personalised Security Data before it is contested, up to a threshold of fifty (50) euros. Operations carried out after they are contested are borne by the Issuer unless in the event of fraud by the User. However, the User is not held responsible in the event:
Of an unauthorised Payment Operation carried out without using Personalised Security Data;
Of the loss or theft of Personalised Security Data that could not be detected by the User before the payment was made;
Of losses due to actions or failures of an employee, agent or subsidiary of a PSP or an entity to which these activities were
The User is also not held responsible:
if the unauthorised Payment Operation is carried out by diverting the Personalised Security Data, without the User’s knowledge;
in the event of counterfeiting the Personalised Security Data, if, at the time of the unauthorised Payment Operation, the User is in possession of this
The User will bear all the losses arising from unauthorised Operations if these losses result from fraudulent activity by them or if they intentionally seriously neglected the obligations to keep their Personalised Security Data secured and to contest operations in the event of loss, theft or diversion of their Data.
Barring fraudulent activities on behalf of the User, the latter will not bear any financial consequences if the unauthorised Operation was carried out without the Issuer requiring Strong Authentication of the User, in the event that regulations require it.
9. Financial Conditions
The services offered herein are invoiced by the Distributor in the name and on behalf of the Issuer in compliance with the Price Conditions.
Any commissions due by the User are automatically deducted from the Electronic Money Account by the Issuer. The User authorises the Issuer to compensate at any time, even after the Account is closed, any irrefutable credit, liquid and collectible that remains owed, of any nature whatsoever. Funds in the Electronic Money Account may be compensated for any amount due, collectible and unpaid of the User to the Issuer.
10. Term and Termination
The Framework Contract is entered into for an indeterminate period. It enters into force from the time it is accepted by the User.
The User may at any time and by respecting an advance notice of thirty (30) calendar days, terminate the Framework Contract. The Issuer may at any time terminate the Framework Contract, by respecting an advance notice of two (2) months provided in Hard Copy format. In this case, the fees irrefutably owed for the Services are due by the User on a pro rata basis for the period elapsed at the termination date.
Beyond six (6) months, the Framework Contract may be terminated without costs. In other cases, termination costs may apply, in compliance with the Price Conditions.
For these purposes, each Party must notify the termination hereof to the other Party, by registered letter with acknowledgment of receipt, to the postal or email address indicated in the General Conditions of the Site.
The User must indicate in the termination message their banking or payment account information allowing the Issuer to reimburse them the Electronic Money available. In the absence of this indication, it is the Issuer’s responsibility to follow the Reimbursement instructions involving reimbursement by crediting the Card that was used to acquire Electronic Money. The Issuer is released from any obligation upon confirmation to the User of the transfer to the account indicated or crediting the Card in the amount of Electronic Money available.
In the event of serious breach, fraud, or lack of payment on the part of the User, the Issuer reserves the right to suspend or terminate this Contract by sending an email along with a registered letter with acknowledgment of receipt.
In the event a successor to the Issuer is nominated to issue Electronic Money distributed on the Site, it is the Distributor’s responsibility to gather the express written agreement of the User of this change, regarding the amount of Electronic Money available and to indicate to the Issuer the terms for transferring the funds corresponding to the Electronic Money available.
11. Modification of the Framework Contract
The Issuer reserves the right, at any time, to modify the Framework Contract. Any draft modification of the Framework Contract is to be provided to the User by the Distributor in Hard Copy format, at the latest two
(2) months before the date proposed for its entry into force. Any new service proposed by the Issuer is subject to a modification of the Framework Contract.
Any User may refuse the proposed modifications and must notify their refusal to the Distributor Customer Service by registered letter with acknowledgment of receipt 2 months before the proposed modifications enter into force (post office stamp being proof thereof) to the address indicated in the General Conditions of the Site.
Lacking notification of refusal before the indicated date that they enter into force, the User will be deemed to have accepted the proposed modifications.
The relationship between the Parties after the date of entry into force will then be governed by the new version of the Framework Contract.
In the event the User refuses, this refusal will give rise, without fees, to the termination of the Framework Contract, as well as the Reimbursement of the units of Electronic Money belonging to them in a time frame of thirteen (13) months following the date the termination takes effect in order to cover anything contested in the future.
Any legislative or regulatory provisions that make modifications necessary to any part of the Framework Contract will be applicable from the date they enter into force, without advance notice. However, the User will be informed thereof.
12. Security
The Issuer undertakes to ensure that the services are provided with respect to the applicable laws and regulations and best practices. Specifically, the Issuer shall do what is necessary to ensure the security and confidentiality of the User’s data, in compliance with the regulation in force.
The Issuer reserves the right to temporarily suspend access to the online Account for technical, security or maintenance reasons without these operations invoking any right to an indemnity of any kind. It undertakes to limit these types of interruptions to those that are strictly necessary.
However, the Issuer shall not be held responsible to the User for potential errors, omissions, interruptions or delays of operations carried out via the Site that result from unauthorised access by the latter. The Issuer shall not be held responsible for the theft, destruction or unauthorised disclosure of data that results from unauthorised access to the Site. Furthermore, the Issuer remains outside of the scope of the legal relationship between the User and the Beneficiary of the Payment Operation or between the User and the Site. The Issuer will not be held responsible for defaults, breaches or negligence between a User and a Beneficiary, or the Site and a User.
If the unique identifier or any other information necessary to carry out a Payment Operation provided by the User is inexact, the Issuer cannot be held responsible for the improper execution of said Service.
The Distributor alone is responsible for the security and confidentiality of the data exchanged in the framework of using the Site in compliance with the General Conditions of the Site, the Issuer being responsible for the security and confidentiality of the data that it exchanges with the User in the framework hereof for creating and managing their Account, as well as Payment Operations related to the Account.
13. Limits to the Issuer’s Liability
The Issuer is in no way involved in the legal and commercial relationships and potential disputes arising between the Beneficiary and the User or between the User and the Distributor. The Issuer exercises no oversight over the conformity, security, legality, characteristics and the appropriate character of the products subject to a Payment Operation. In this regard, it is the User’s responsibility to gather all useful information in order to carry out the purchase of a product or service, the collections of funds or any other operation required. Every operation carried out by the User gives rise to a contract created directly between themselves and the Beneficiary(ies) who are strangers to the Issuer. Consequently, the latter cannot be held responsible for the non-performance or improper performance of the obligations arising from it, or any potential damages caused to the User in this regard.
Notwithstanding any contrary provision in this Contract, the Issuer’s liability in terms of a User is limited to reparations for direct damages as established by regulation.
14. Commitments of the User
The User acknowledges that the elements in their Personal Online Area on the Site do not infringe on the rights of a third party and are not contrary to the law, public order, or proper ethics. The User attests to the conformity, legality and appropriate character of the amount granted to the Beneficial Owner, of the purchase of the good by the Beneficial.
They undertake to not perform the Framework Contract in an illegal manner or under conditions that may damage, deactivate, overload or alter the Site; They undertake to not usurp the identity of another person or entity, falsify or divulge their identity, their age or create a false identity;
In the event of a breach of these obligations the Issuer reserves the right to take all appropriate measures to bring an end to these actions. It also has the right to suspend, erase and/or block access to the Account. Without prejudice to legal actions undertaken by third parties, the Issuer has the right to personally bring any legal action that seeks to repair the damages that it has personally been subject to due to the User’s breach of their obligations under this Contract.
15. Withdrawal Right
15.1. Provisions Applicable to All Users
The User having been initiated under the meaning of Articles L.341-1 et seq. of the Monetary and Financial Code has a time frame of fourteen (14) calendar days to exercise their right of withdrawal, as the case may be subject to responding to the conditions of Article D. 341-1 of this Code, without having to justify the reason or bear the penalty.
This time frame for withdrawal begins from the day of their registration as a User.
15.2. Provisions Applicable to the Consumer User
Under Article L. 222-7 of the Consumer Code, the consumer User has a right of withdrawal that may be exercised in a time frame of fourteen (14) days without having to justify the reason or bear the penalty. This withdrawal time frame begins either from the day of entering into the Framework Contract, or from the receipt of the contractual conditions and information, if this date is after that of the date the Framework Contract is entered into.
The Framework Contract may only be put into effect before the withdrawal deadline has expired upon the approval of the consumer User. The consumer User recognises that the use of Services after entering into the Framework Contract constitutes an express request on its part to begin performing the Framework Contract before the above-mentioned deadline has expired.
Exercising the right of withdrawal involves the Framework Contract coming to an end, and in the event performance thereof has begun, takes the form of termination and does not bring into question the services previously provided. In this event, the consumer User will only be responsible for a payment proportional to the Services effectively provided.
15.3. Exercising the Withdrawal Right
The User must notify the Distributor Customer Service of their withdrawal request within the indicated time frame by telephone or by email and by sending confirmation to the address of the Distributor Customer Service. For this purpose, it may use the withdrawal slip made available to them by the Platform.
16. Rules Regarding the Fight Against Money Laundering and the Financing of Terrorism
The Issuer is subject to all of the Luxembourg regulations regarding the fight against money laundering and the financing of terrorism.
Pursuant to the provisions of Luxembourg law, relating to financial organisations participating in the fight against money laundering and the financing of terrorist activities, the Issuer must obtain information from all Users regarding any operation or original business relationship, the subject and the destination of the operation or the opening of the Account. Furthermore, it must carry out all due diligence for identifying the User and, if it be the case, the beneficial owner of the Account and/or the Payment Operations related to them.
The User recognises that the Issuer may bring an end or postpone at any time the use of Personalised Security Data, access to an Account or the execution of an Operation or a Reimbursement in the absence of sufficient elements regarding their purpose or nature. They are informed that an operation carried out in the framework hereof may be subject to exercising the right of communication to the national financial intelligence unit.
The User, pursuant to regulations, may access all information thus communicated subject to this right of access not jeopardising the purpose regarding the fight against money laundering and the financing of terrorism if this data relates to the individual making the request.
No proceedings or civil liability action may be brought and no professional sanctions issued against the Issuer, their officers or agents if they have made declarations regarding suspicions in good faith to their national authority.
17. Protection of Personal Data
The Issuer collects and processes all Personal Data in compliance with the regulations in force applicable to the protection of this Data.
The Personal Data required during registration is necessary in the framework of the services provided in compliance herewith. If the obligatory Personal Data is not provided, the interested party may be refused access to the services.
The Person in Question is informed that the Personal Data is specifically collected for the following purposes: providing the services such as described herein; the fight against money laundering and the financing of terrorism; managing requests for information and claims; carrying out statistics. This data processing is specifically necessary for the performance of the Framework Contract as well as respecting the legal obligations that the data processor is subject to. The Issuer and the Distributor act as joint processors of this data.
The Personal Data shall not be transferred to any third party without the express consent of the Persons in Question. However, the Person in Question is informed that the Personal Data is transferred to the Issuer’s subcontractors for the above-stated purposes. Said subcontractors only act on instructions from the Issuer and exclusively on behalf of the latter.
The Person in Question may access the list of subcontractors by sending their request to the Distributor Customer Service. They are informed that the Issuer ensures that their subcontractors take all necessary measures in order to maintain the security and confidentiality of the Personal Data. In the event the Personal Data is violated (loss, breach, destruction, etc.) involving increased risk to the Person in Question, the latter will be informed thereof.
The Issuer reserves the right to disclose Personal Data at the request of a legal authority to be in compliance with any law or regulation in force, to protect or defend the rights of the Account Holder or the Person in Question, if circumstances require it or to protect the security of the Service Provider, the Services or the public.
Personal Data processed by the Issuer in the framework of the services provided in compliance herewith is kept for the period of time that is strictly necessary to attain the purposes mentioned hereinabove. Barring legal and regulatory provisions to the contrary, the Personal Data will not be kept beyond the effective date of termination of the Contract. It is specifically indicated that the Personal Data relating to identification is kept for a term of five years from the end of the contractual relationship, subject to applicable regulation in terms of the fight against money laundering and the financing of terrorism.
The Persons in Question have the following rights pertaining to their Personal Data, according to the conditions established by regulations: the right of access, right of rectification, the right of objection, the right of erasure, the right to restrict its processing and the right of portability. The Person in Question may at any time exercise these rights by addressing the Distributor Customer Service. The request must indicate their last name, first name, identifier, and include a photocopy of an identity document bearing their signature.
A response will be sent to the Person in Question in a time frame of one (1) month following receipt of the request. This deadline may be extended to two (2) months, given the complexity and the number of requests. In this case, the Person in Question will be informed of this extension and the reasons for postponement within a deadline of one (1) month from the receipt of the request.
The Person in Question will be informed if they have the right to file a claim with the competent authority for any request related to their Personal Data.
If the Person in Question provides the request in electronic format, the response will be provided in electronic format, unless they expressly request otherwise.
When the Personal Data relate to a Person in Question who is not a party to the Framework Contract has been transferred by the User, the latter will be responsible for communicating to the Person in Question the information of this Article.
Additional Information on the processing of Personal Data carried out in the framework hereof, the time frame that it is kept and the rights of the Person in Question are available in the Issuer’s confidentiality policy (accessible at the site www.mangopay.com).
18. Professional Secrecy
The Issuer is bound by professional secrecy. However, the secrecy may be lifted, in compliance with the legislation in force, based on a legal, regulatory and prudential obligation, specifically at the request of supervisory authorities, the tax or customs administration, as well as those of a criminal judge or in the event of a legal request indicated to the Distributor. Notwithstanding the foregoing, the User has the right to release the Distributor from professional secrecy by expressly indicating the authorities receiving the confidential information that relates to the User. It is specified that professional secrecy may be lifted by regulation benefiting companies providing the Distributor important operational tasks within the framework hereof.
19. Intellectual Property
The Issuer retains all intellectual property rights that pertain to them for the Services offered to the User. None of these intellectual property rights will be transferred to the User under this Contract.
20. Death of the User and Inactive Accounts
20.1. Death of the User
The death of the User will bring an end to the Framework Contract, once this is made aware to the Issuer. Operations occurring from the time of death, except with the agreement of the individual who has rights or the attorney in charge of the estate, will be considered not having been authorised.
The Electronic Money Account will remain open for the time necessary to settle the estate and the Distributor/Issuer will ensure the transfer of the balance upon the agreement of the individual who has rights or the attorney in charge of the estate.
20.2. Inactive Accounts
Any inactive Electronic Money Account may be the subject to an inactivity notification by email on behalf of the Distributor followed by a follow-up notification one (1) month later. The User’s Account is considered inactive if, at the end of a period of twelve (12) months, there have been no operations (with the exception of management fees being taken out) at the initiative of the User (or any representative) and that has not been specifically indicated to the Distributor in any form whatsoever.
In the absence of a response or use of the Electronic Money available in this time frame, the Account will be closed and maintained only for the purposes of carrying out Reimbursement of the Electronic Money. Management fees may be collected by the Issuer.
The Account will no longer give rise to any further use of the Electronic Money.
21. Force Majeure
The Parties shall not be held responsible, or considered as being in breach hereof, in the event of a delay or non-performance, when the cause of which is related to an event of force majeure as defined by Article 1218 of the Civil Code.
22. Independence of the Contractual Stipulations
If one of the stipulations hereof is nullified or not applicable, it shall be deemed not having been written and it shall not lead to nullification of the other stipulations.
If one or more stipulations hereof becomes invalid or is declared as such pursuant to a law, regulation or following a definitive decision handed down by a competent jurisdiction, the other stipulations retain their force of obligation and their scope. The stipulations declared null and void will then be replaced by stipulations that are as close as possible to the meaning and the scope of the stipulations initially agreed to.
23. Protection of Funds Collected
The User’s funds are deposited at the end of each Business Day in an account opened in a Bank and are held by the latter.
Under the terms of Article 24-10 (1) a) of the Law of 20 May 2011, published in Mémorial A n° 104 of 24 May 2011 of the Grand Duchy of Luxembourg and Article 14 of the Law of 10 November 2009 published in Mémorial A n° 215 of 11 November 2009 of the Grand Duchy of Luxembourg, transposing the Directive 2009/110/EC of the European Parliament and the Council of 16 September 2009, concerning access to the activity of electronic money institutions, the funds collected are protected and are not included in the pool of assets of the electronic money institution in the event of liquidation, bankruptcy or any other competitive situation that may arise for this latter.
24. Lack of Transferability
The Framework Contract may not be subject to a total or partial transfer by the User in return for payment or free of charge. Thus, they are prohibited from transferring to any third party whatsoever the rights or obligations that it holds hereunder. In the event of breach of this prohibition, in addition to the immediate termination hereof, they may be held responsible by the Issuer.
25. Agreement in Relation to Proof
All data will be included in unalterable, true and secured form on the technology database of the Issuer specifically relative to Payment Orders and confirmation received from the User, notifications sent, access, Withdrawal, Reimbursement so as to constitute proof between the Parties unless there is proof to the contrary.
26. Claims and Mediation
The User is asked to address the Distributor Customer Service, as indicated on the Site regarding any claim.
Any claim other than that established in Article 8 relating to entering into, performing or terminating the Framework Contract and the services of issuing and managing Electronic Money must be indicated by email to the following address: [email protected]
The User accepts that the Issuer will respond to their claims on Hard Copy format. The response will be issued as quickly as possible and at the latest within a time frame of fifteen (15) Business Days following the receipt of the claim by the Issuer. However, for reasons outside of its control, the Issuer may not be able to respond in this time frame of fifteen (15) days.
In this event, it will provide the User with the response specifying the reasons for this additional time period as well as the date on which it will send the definitive response. In any case, the User shall receive a definitive response at the latest in a time frame of thirty-five (35) Business Days following the receipt of the claim.
The User is informed that the CSSF (Commission de Surveillance du Secteur financier) [Oversight Commission of the Financial Sector] is competent to settle disputes on an extrajudicial basis related to the performance of this Framework Contract. For more information on the CSSF and the conditions of such recourse, you may address the Distributor Customer Service or consult the website of the CSSF (http://www.cssf.lu). Mediation requests must be addressed to the Mediator of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, L-1150 Luxembourg, ([email protected]) and this, without prejudice to other legal actions. However, the mediator may not be approached if the request is manifestly unfounded or abusive, if the dispute has previously been settled or is in the process of being settled by another mediator or by a court, if the request to the mediator is provided within a time frame of longer than one year from the time of the written claim to the professional, or if the dispute does not fall within the mediator’s scope of competence.
27. Language – Applicable Law and Competent Jurisdiction
With the exception of applying a law related to public order (which only applies in the strict limits of its purpose), is expressly stipulated that English is the language chosen and used by the Parties in their pre- contractual and contractual relationships and that the Framework Contract is subject to French law and any dispute between the Parties regarding the latter shall be submitted to the jurisdiction of the competent French courts.
8- uF Coins
By differents actions you do on uFoodin Platform, uFoodin offer you uF Coins.
uF Coins are virtual points and give you ability to purchase some services at 100% on uFoodin Platform as :
The uF Coins value is 1$/€ = 10 uF Coins.
uF Coins can be only use to purchase uFoodin services, and it’s not possible to exchange it in real money as USD or EUR.
9- DISPUTE RESOLUTION & CONDITION
10- CONTACT
For any subjects, complains, suggestions, questions, you can contact us by our contact form here.
You are visiting the web page ufoodin.com owned by uFoodin Lda with registered address at Almada Business Center, Rua Marcos De Assunção, n°6, 2805-290, Almada, Portugal and, with Tax Identification Number 516394886 registered in Ministério da Justiça Instituto dos Registos e do Notariado, I.P.
You can contact us by email on : [email protected]
uFoodin Privacy Policy applies when you use our Services. All uFoodin users can customize their data settings collected from our platform. You can find our Cookies Policy bellow on this page. To customize your settings, please go on your Account Settings . Our Privacy Policy applies to any Member & Visitor to our services.
We differentiate the uFoodin members and uFoodin Visitors in our data collection. Members may share their professional informations, will post on uFoodin Platform, view & search informations, members, companies, jobs, products. Visitors can only see a limited content & data of the Platform
Our Services are available on uFoodin.com and our branded apps and our Cookies Policy applies on our entire Services.
uFoodin can modify its Privacy Policy at anytime, you will be automatically informed through our platform and / or by e-mail for each change, before the effective date, to let you take into account the modifications. By continue using our services after the effective date, means that your uFoodin data will be in accordance with this updated Privacy Policy.
All your personal data are stored in our server based in Europe, and are controlled by uFoodin headquarter based in Portugal.
When you create a uFoodin account you need to fill your e-mail, password name, last name, username, birthdate.
When your account is created, you can fill your Profile information. All these additional information’s are optional, but highly recommended to be found by other members, and optimize your experiences on our website. By filled your Profile Information, you will have more chance to develop your network, partnership, and get more job opportunities.
If you want fill the bellow informations, please go your “Profile settings” → “Edit Profile” → “About Me” & “Company Informations”
Optional Informations: Activity Sector / Company Name / Job Title / Job Department / City / Country / Region / Gender / Company Address
We collect data from your post and uploading as : Submit a Resume, fill out a Job Application, submit a Product Offer, create a Company Page and your contact address book if you synchronize it.
If you register for a Membership Service as Premium Membership, Business Membership, Recruiter Membership you will need to provide payment (e.g., credit card) and billing information.
You and others may post articles, comments, videos, photos of you on our Services. Public information of you from professional related news or other kind of publication can be available on our Services by a tag with your name.
We may receive your personal data from other when they import or synchronize their address book or calendar on our Services, send messages through our Services and associate your contact with your uFoodin Profile.
We receive data about you when you use some other services provided by us, as make in favorites a company page, product offer, job offer.
If you use our internal message services with other members, we collect information when you send & received message.
When you login on your website or apps, make search, install/update our apps, share contents…
We collect data from your post and uploading as : Submit a Resume, fill out a Job Application, submit a Product Offer, create a Company Page and your contact address book if you synchronize it.
If you register for a Membership Service as Premium Membership, Business Membership, Recruiter Membership you will need to provide payment (e.g., credit card) and billing information.
You and others may post articles, comments, videos, photos of you on our Services. Public information of you from professional related news or other kind of publication can be available on our Services by a tag with your name.
We may receive your personal data from other when they import or synchronize their address book or calendar on our Services, send messages through our Services and associate your contact with your uFoodin Profile.
We receive data about you when you use some other services provided by us, as make in favorites a company page, product offer, job offer.
If you use our internal message services with other members, we collect information when you send & received message.
When you login on your website or apps, make search, install/update our apps, share contents…
We use cookies (See the Cookies Policy bellow), your device information and your IP (Internet Protocol) to identify you, and know your login location. (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.
uFoodin Platform offer opportunities to create & develop a professional network in the Food Industry. Members can connect to each other. It may help to get new partnership and business opportunities. Job seekers can find Job offers and apply to it. Members will have access to various content and market news of their activity sector. Each member can define their connection and message privacy settings.
We use your data to help you to find new connections with other members from your activity sector, your location area, by your address book (if you have sync it) by Network suggestions.
We use your data to let you know about news, events and other topics that match with your profile,
If you have submit a Resume, we may use your data to recommend you new opportunities.
Our Membership Services help paying members to access to different functionalities.
We sell to our members the Ads Placement on our website/App
uFoodin could reach you through email, mobile phone, notices posted on our websites or apps, messages to your uFoodin inbox, and other ways through our Services, including push notifications.
We may send you messages concerning, the update of our: security, policies, services.
We use various data from Members and Visitors to create custom audience to display advertising. We may use the following data to optimize the advertising: Data from the cookies, Device Information, advertising tags, personal information (e.g activity sector, job title, country, city, age…) provided by you, data from your use of our Services (e.g, events participation, advertising clicks…)
You can choose your Ads Preferences and Consent change consent
To advertising our Services Offers, as Membership, Ads Publication, we may use Members’s Data and content, and show to your network connections you are using our Services.
uFoodin platform will display Ads with the label “Sponsored Consent”. If you comment, like or share the Ads, uFoodin members can see your action in their Activity Feed.
To develop our Services and offer you the best experience on our Platform, we may use your data to make research to improve your network connection, interactions, navigation, and to develop your business opportunities and career.
You may also receive survey from us, its optional to answer, but you have the opportunity to give your opinion, and it could help us to ameliorate your experiences on our platform
Trough our Customer Support we use your data investigate, resolve potential issue reported.
We may use your data without identify you to create our statistics such as your Localization, Activity Sectors, Job Sectors or other information’s, and help us to see a global number of members with the defined data have view, click on our clients Ads.
We may use your data for potential fraud prevention and offer the security on our platform. With the data we may investigate and avoid potential fraud and violations.
We use data for security, fraud prevention and investigations
Your Actions
Your actions as your posts, comments, messages, likes and follows can be view by other members.
For your Posts, you have the choice to select who can view it before to publish it.
Your membership in groups is public, and is display on your profile page. If you want to hide it, you can change the visibility in your “Profile Visibility” settings in your Account Settings.
When you follow/connect with a person or join a social group, this action is viewable by other members and the owner of the social group
We inform members when you consult their profile. You can modify it in your Visibility Settings
When you share, like or comment the post/content of other, they are inform of it
Other Services
We will use your personal data internally between our Services, to develop better our Services. We will work on Service (covered in our Privacy Policy) to improve the functionalities and you experience on our website. For example we can suggest you: new Network Connections, Job Offers, Product Offers, Social Group, Company Pages…
We may use other external Services to manage the maintenance, audits, fraud prevention, payments, marketing of our Services.
They may have basic information about you but are legally restricted to use it.
Legal Disclosures
In case of law request from legal jurisdictions, we may share your data to answer to the law.
It could be for suspected or illegal activities investigation, to verify if the agreement between you and us is respected, claims from or allegations from third party, to protect the security and integrity of our services, to protect the uFoodin rights and safety,
If possible, we may inform the member of the law request on its data, unless if the law or court doesn’t allow us.
You can consult our Transparency Report Policy here
In case of new Company Controller
If our business is sold partially or totally to other, we will need to share your data with the new business controller, but all our Services should continue to respect this Privacy Policy.
All your Data is kept by our Services until you decide to close your account. Once your account is closed, your data will be totally deleted with 30 days in our side.
The only cases we may need to keep your data is to answer to claims, disputes, law enforcement, fraud suspicions or other request by law and court.
If you choose to suspend temporarily your account, we still keep all your data information, in case you back to use again our Services, you will find all your information intact, and you will be able to use our Services as before.
You can ask us to import your data. Please consult the Help page
You can manage and control all your data visibility on your Account Settings.
Visitors can consult the Help page, and have to know they may control all of their information Visibility on our website.
For any doubt do not hesitate to use the contact form to contact us.
Direct Marketing & Do Not Track Signals.
We do not share any information of you without your consent for any type of Marketing actions
Consent & Lawful bases
You can change at anytime all your Consent of Cookies and Ads : change consent
At anytime you can change the visibility of your information’s and profile in your Account Settings.
If you do not consent to our Privacy Policy you may have choice to do not open an Account on uFoodin, or if you change your mind after have open an account, you have the choice to delete it at anytime.
We only use your data in accordance of the Lawful bases.
Security of our Services
Our website is accessible only by a protocol HTTPS, that protecting your data. We use different defense software to avoid attack and any security issue.
However, we cannot warrant the full security because of regular attacks and vulnerability. We cannot warrant that your data should not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Contact uFoodin
For any subject you can contact us the Contact Form here or by Physical mail on this address:
uFoodin, Lda. Almada Business Center, Rua Marcos De Assunção, n°6, 2805-290, Almada, Portugal
CHOOSE COOKIES PREFERENCES HERE We and our partners store or access information on devices, such as cookies and process personal data, such as unique identifiers and standard information sent by a device for the purposes described below. You may click to consent to our and our partners’ processing for such purposes. Alternatively, you may click to refuse to consent, or access more detailed information and change your preferences before consenting. Your preferences will apply to this website only. Please note that some processing of your personal data may not require your consent, but you have a right to object to such processing. You can change your preferences at any time by returning to this site or visit our privacy policy.
Cookie is a small file that uFoodin placed onto your device (computer, tablets, mobile) that enables uFoodin features and functionality. Cookies are received by any browsers that visiting our website. Cookies may from us, or thirdparty, as our partners or service providers. uFoodin can display ads or tags to external website and can placed cookies of uFoodin on it.
The persistent cookies lasts beyond the current session and allow to recognize you as an existing user. Its help user to have easier connection experience when they back to our uFoodin. The sessions cookies last only the time of your session uFoodin also use tracking technologies : mobile advertising IDs and tags
All Cookies preferences except the necessary ones of the website, can be change here : Change Consent