GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use (hereinafter, the “GTCU”) govern the relations between the company, TRIPERZ SAS, and the Users of its website (www.triperz.fr), its Application and its Services, these terms being defined below.
The company, TRIPERZ SAS, is a simplified joint-stock company with €3,000 capital, listed on the Paris Company Register under No. 813 624 046, with its head office located at 224, boulevard Voltaire – 75011 Paris (hereinafter referred to as the “Company” or “TRIPERZ”).
The Company can be contacted in writing at the address of its head office, by telephone: +3126.96.36.199.31, or by email: email@example.com
The Company provides a service matching users of transportation (taxi) companies wishing to share a journey. The service allows the passengers (the “Users”) to be reimbursed for those services via an onboard electronic wallet managed by an external provider–the company, LEMON WAY–for their share of the amount owed for the journey made together (the “Services”) and a taxi geolocating and ordering servicethanks to the implementation of the API developed and offered by the French State and the Etalab mission. This opportunity is made possible by the implementation of an information system operated by Etalab Mission within the General Secretariat formodernization of public action (SGMAP), on behalf of the Ministry of Interior. This availability register is referred to as ” service” in the following document; the Etalab missionis referred to as “the controller”
The Services are available via a mobile application (the “Application”) developed and supplied by the Company.
The Company merely acts as an intermediary whose role is limited to providing Users with matching servicesand to facilitating customer access to Taxis, through the provision of a national geolocation and availability register of taxis
The Company remains independent of the transportation service and the binding relationship between Users, as well as the relationship between the Users and the transportation providers.
The journey resulting from the matching service ( Between users or between users and transport providers) is provided by accredited transportation companies for their own account, and the transportation service requested by the users is delivered under the exclusive responsibility of those transportation companies.
The Users alone are responsible for the payment of the journey and the transactions made between Users, or with the transport provider. The Company will however do its utmost to ensure that such transactions are conducted smoothly between Users.
By using this Application and/or these Services, the User enters into a contract with the Company and unreservedly accepts these GTCU. Use of the Application and/or Services is subject to User’s acceptance of the GTCU upon registration.
The Company reserves the right to modify the GTCU as it sees fit and at any time, or to modify, suspend, limit or put an end to all or part of the Services or Application without giving prior notice and without being held liable.
Any new versions of the GTCU will be uploaded and can be viewed by Users on the Company’s website or within the Application. The new general terms and conditions can be accepted directly within the Application or on the Company’s website when logging in the next time after the update of the GTCU.
ARTICLE 1 – REGISTRATION
To gain access to the Application and Services, the User must register via the Application and create a personal account protected with a password.
The Services and Application are reserved for use by adults upon registration. The User undertakes to provide information that is complete, accurate and up-to-date concerning his/her identity and contact details, to modify them when necessary, and to provide his/her bank account details (credit card No. and IBAN).
Upon registration, the User electronically accepts these GTCU in full, keeping in mind that they may be modified at any time by the Company.
Registering for the Application and creating an account, in the case of using the matchmaking service among users of the ride sharing service will automatically result in the creation of an account with the company, LEMON WAY–the Company’s external payment services provider. It also implies the User’s unreserved acceptance of the general terms and conditions of LEMON WAY, which can be viewed here https://www.lemonway.fr/legal/conditions-generales-d-utilisation and printed below in the appendices to these GTCU.
By registering and using the Application and Services, the User agrees:
- To use the Application or Services solely for personal use and not to sell them on to others;
- Not to authorise others to use his/her personal account;
- Not to sell or otherwise transfer his/her account to others;
- Not to use the Application or Services for illegal purposes;
- Not to use the Application or Services to cause harm to others;
- Not to disrupt the Application or Services in any way;
- Not to copy or distribute the Application or any other content belonging to the Company without the Company’s written authorisation;
- To ensure the reliability and confidentiality of the account login and password used to access the Application or Services;
- To provide the Company with proof of identity that the Company may reasonably request;
- Not to use the Application or Services on an incompatible or prohibited telephone;
- Not to send unsolicited messages;
- Not to publish content that is prohibited, offensive, slanderous or otherwise illegal;
- Not to send content containing viruses, trojans, or other computer codes, files, scripts or harmful programs;
- Not to hinder or interrupt the integrity or smooth running of the website, the Application or Services, or the data they contain;
- Not to harass or impinge on the privacy or inflict physical or psychological harm on other Users;
- To comply with all applicable laws.
If the information provided by the User during registration or the modification of his/her account is incorrect, or in the event of use that does not comply with these GTCU, the Company reserves the right to immediately dissolve the account temporarily or definitively, and refuse access to the Platform. The User alone is responsible for the management and use of his/her account.
If the account is dissolved, the Company cannot be held liable for transactions in progress and any remaining payments owed by the User, in the case of using the matchmaking service among users of the ride sharing service. If the User’s TRIPERZ account is closed, the future of the corresponding LEMON WAY account will be determined independently, as per the terms and conditions of LEMON WAY.
If these GTCU are breached, the Company may take legal action, and contact and cooperate with the police in order to pursue offending Users.
ARTICLE 2 – USE OF THE APPLICATION
The Application allows one User to send a matching request to another User also seeking to share a taxiand also allows users to send a request for provision of an immediate transportation service to transport providers declaring free to availabilityat the time of user demand
In the case of using the matchmaking service among users of the ride sharing servicethe User enters the address of his/her destination and the GPS receiver of the mobile telephone on which the Application has been downloaded will detect the User’s position and find another User located nearby wishing to share their journey. The Application informs the User of other potential Users searching for a journey to share. Once the Users have been matched, the Application determines a meeting place and suggests it to the Users.
Once the match has been established, the Users are entirely free to decide whether or not to share the journey, and the meeting can be cancelled at any time by the Users.
If, once the match has been established, the Users decide to share the journey, they then enter their decision in the Application which changes to journey mode. Based on the destinations, the Application indicates which User will be dropped off first. It will also issue a cost estimate of the journey, an estimate of the reimbursement for the User dropped off first, as well as his/her share of the amount owed to the other User, which corresponds to the shared part of the journey.
The Users must give the driver the address of their destinations in the order calculated and shown in the Application.
The User dropped off first must enter into the Application the amount of the journey as indicated on the taxi meter when he/she is dropped off. The Application will ask the User being dropped off first to confirm the amount indicated. A final confirmation for the journey will be required, which will then result in a payment made to the User getting off second equal to 50% of the amount indicated when the first person is dropped off, excluding any extra charges (luggage, etc.), and the Company commission charges One euro and ninety nine cents (1,99€) tax per user (excluding introductory offer or promotional) incl. VAT per User and per journey.
There should be no cash payments between Users (since the Company would be unaware of the amounts paid).
The User getting off second must pay the driver for the entire journey him/herself. The LEMON WAY electronic wallet will then automatically provide the User with a reimbursement equal to 50% of the amount indicated when the first User is dropped off, excluding any extra charges (luggage, etc.), and the Company commission charges of Oneeuro and ninety nine cents (1,99€) tax per user (excluding introductory offer or promotional)incl. VAT per User and per journey.
In the case of using the taxi geolocation and ordering service, the user, at the time of connection sees appearing all available taxis around him, the time to the nearest taxi to pick up the User, this being made possible by the use of the GPS receiver of the mobile phone on which the application was downloaded. The user initiates the order with the transportation provider after clicking the button “Order Here” and “Order this Taxi.” This action notifies transport providers of the demand, which must accept or reject the User’s request. When the provider has confirmed the request, the user must stay at the location he ordered the taxi and wait for the transport provider. In case of prolonged wait, the User can contact the provider directly through functionality “Contact taxi” shows on the screen. Once picked up, the user indicates by clicking on the button “I’m in the taxi” that was picked up. At the end of his journey, the User is invited to rate the service provided (Star) in the Application through integrated functionality. The User must pay the amount indicated on the taximeter at the end of the ride in cash or by credit card. Once the match is made, the user is completely free to cancel the race at any time.
ARTICLE 3 – COMPLAINTS
All User complaints must be sent to the following email address: firstname.lastname@example.org
In the case of using the matchmaking service among users of the ride sharing service,in case of disagreement, lack of mobile network coverage, or for any other reason, the User dropped off second may take a photo of the taxi meter when being dropped off, using a camera function within the Application. The photo will be geolocated, dated and sent to the Company’s secure servers as proof.
In case of disagreement over incorrect payment, if a clear photo of the taxi meter was taken by the User dropped off second (providing the Company with proof of the amount of the journey and the error of payment), and if the difference between the fare price entered in the application and the one shown on the picture is higher than two Euros, the Company undertakes to send a payment rectification order to its partner, LEMON WAY, to debit the electronic account of the User dropped off first, and credit the electronic account of the User dropped off second, for any extra payment owed.
It is understood that this payment order does not imply that the Company is a third-party account manager. The role of the Company is limited to sending payment orders to its partner LEMON WAY as an intermediary between Users. Payments do not pass through the Company, and the Company charges no commissions on those payments.
In this respect, the Users entrust the Company with the right to mediate when disagreements arise between Users, issue any payment rectification orders required, and comply with the decision made.
In case of payment rectification, any additional charges, including those from LEMON WAY, will be the responsibility of the debited User.
If a disagreement persists between the Users, the Company may at its discretion implement a reconciliation process and attempt to settle the matter, but cannot be held liable if the process fails.
In the absence of a photo of the taximeter, the User dropped off second cannot make a complaint to the Company.
The User dropped off first is entirely liable for the amount entered into the Application when he/she is dropped off. The Company cannot be held liable if the incorrect amount is entered. (N.B. LEMON WAY has set a payment limit of 250 euros per transaction; see the LEMON WAY general terms and conditions appended to these GTCU.)
ARTICLE 4 – PAYMENT
The Application is free to download.
Each journey made using the Application will result in payment of a single commission to the Company of Oneeuro and ninety nine cents (1,99€) tax per user (excluding introductory offer or promotional)incl. VAT per User.
The commission will be debited, after each journey and after confirmation from the User, from the Users’ LEMON WAY electronic wallets when the transaction is made.
For all services available in the Application,the Users are entirely liable for payment of the journey to the taxi driver, while the Company remains independent of the binding relationship between the Users and the taxi company and cannot be considered as a party of that contract. The Company is unaware of the identity of the taxi company and the registration No. of the vehicle used.
As previously stated, the Company is not a provider of transportation services. It is the transportation company’s role to provide transportation services that may requested by using the Application or Services. The Company merely acts as an intermediary between Users. The provision of transportation services by the taxi company is governed by the contract entered into by the Users and the transportation company.
The Users are responsible for the punctual payment of all amounts owed.
LEMON WAY, the Company’s external payment provider, will debit the credit card account provided by the User upon registration. The credit card details must remain valid at all times. Once made, payment cannot be refunded.
ARTICLE 5 – ABSENCE OF THE RIGHT OF WITHDRAWAL
As per article L. 121-21-8 of French consumer law, this contract cannot include the right of withdrawal. By using the Application and Services, the User expressly surrenders his/her right of withdrawal.
ARTICLE 6 – LIABILITY
The Company cannot be held liable for damages resulting from the use of the Application or Services. The Users alone are responsible for how they use the Application and Services. Payment of the transportation service is solely the Users’ responsibility.
In the case of using the matchmaking service among users of the ride sharing servicethe Company will do its utmost to ensure the security of all transactions between Users via its external provider, LEMON WAY. As such, the Company is bound by an obligation of means.
As previously stated, the Company is merely an intermediary; the transportation company is solely responsible for the transportation services provided. The company cannot be held liable for transportation services provided by the transportation company. All complaints regarding transportation services must be sent to the transportation company in question.
The User dropped off first is entirely liable for the amount entered into the Application. The Company cannot be held liable if the incorrect amount is entered.
The Company cannot be held liable for errors in the payment system of its external provider, LEMON WAY.
The Company does not guarantee that its website and Application are free of errors, flaws, malware or viruses.
The Company cannot be held liable for any technical issues, such as undelivered emails, disruptions in electronic communications, or changes to the use of the Application.
The Company is not responsible for costs incurred by Users for telecommunications or sending data when using the Application or Services.
ARTICLE 7 – INTELLECTUAL PROPERTY
The Company is the sole owner of intellectual property rights for the Application and Services. Users have no ownership rights over the Company’s website, Application or Services. The Company’s name, logo and product names associated with the Application and Services are trademarks that belong to the Company, its related companies or third parties. The Company grants no rights or user licences for these trademarks.
In particular, the TRIPERZ trademark is the exclusive property of the Company and was registered by the Company with the French Industrial Property Institute, or INPI (No. 4212215). The following domain names are also the exclusive property of the Company: triperz.fr, triperz.co and triperz.org.
The Company grants the User a limited, non-exclusive and non-transferrable licence allowing the User to see, download and print any of the Company’s content solely for personal, non-commercial use.
With regards to the Application, the Company grants the User a limited, non-exclusive and non-transferrable licence allowing the User to download and install a copy of the Application on his/her mobile telephone and use that copy of the Application for personal use.
The User is granted no other licence or right over intellectual property rights held or controlled by the Company.
The User may not copy, modify, distribute, grant a sub-licence, sell, display or present in public, reproduce, transmit, transfer, distribute, or commercially operate the Application, the Company’s website and its content in any way without prior written authorisation from the Company.
The User is prohibited from the following: granting a licence or sub-licence; selling, transferring, distributing the Application or Services; operating the Application or Services for commercial purposes; providing the Application or Services to others; creating hyperlinks to the Application; accessing the Application to create a rival product or service; creating a product by copying ideas, features, functions or images similar to those used in the Application or Services; copying ideas, features, functions or images similar to those used in the Application or Services; hindering the smooth running or performance of the Application or Services in any way.
The Company may allow Users to post content (comments, opinions, remarks, suggestions, and other information) on the website or via the Application. The Users’ content will be considered as non confidential and shared. As such, the Company retains the non-exclusive right free of royalties to use, copy, distribute or divulge to other parties the Users’ content for any purposes and by any means, anywhere in the world.
The Company is merely an intermediary for the publication of User content and is liable with regards to the Users or any other parties for User content or the accuracy of that content. The Company will not monitor User content constantly, and will not act as a moderator between Users.
Such content will be used at the sole risk of the Users.
The Users declare that the content they publish does not violate other parties’ intellectual property rights, privacy rights or personality rights, and that it contains no defamatory remarks.
The Users guarantee the Company and its subsidiaries against all expenses, damages, and losses incurred by the Company or its subsidiaries resulting from content posted or sent via the website or Application.
The Company reserves the right to block or delete content in whole or in part if it feels that the content does not comply with these GTCU.
The Company’s partners remain the sole owners of their respective trademarks.
The Users relinquish all intellectual property rights, definitively and irrevocably, to photos taken of taxi meters using the Application.
These GTCU concern exclusively the relationships between Users and the Company. When downloading via platforms such as Apple Store or Google Play Store, the conditions applicable to these platforms will apply.
ARTICLE 8 – PROTECTION OF PRIVACY AND PERSONAL DATA
The Company automatically collects and processes Users’ personal information from the Application or Services (contact information, location data, transaction data, login information, messages exchanged between Users, etc.).
This data will be used by the Company strictly within the framework of running its Services. The Company will take all the necessary precautions to protect the User’s personal data. As such, the Company undertakes not to share or divulge this data to other parties, except to Users and only in the framework of running its Services, without prior authorisation from the User.
The Company may, after obtaining the User’s authorisation by ticking a box during registration, communicate or sell the his/her personal data to third parties for commercial purposes. Users may still oppose the disclosure of their personal data by ticking the relevant box in the account interface of the Application or website.
The personal database used by the Company has been registered with the French data privacy commission (CNIL) under No. 1898898 v 0.
The right to block, access and rectify information: in compliance with French data protection law No.78-17 dated 6 Jan 1978 and modified by law No. 2004-801 dated 6 Aug 2004, Users retain the right to block, access and rectify information concerning them. Users may request the rectification, completion, clarification, update, or deletion of information concerning them that is incorrect, incomplete, ambiguous, or out of date. Users may exercise this right at any time by contacting the Company via the Application or website.
The right to delete and right to save data: when the User’s account is closed, whether initiated by the User or the Company, all data relating to the account will be deleted or rendered anonymous. Operations carried out to delete this data may be deferred for the purposes of invoicing, searching, certifying or pursing criminal offences, with the sole aim of providing such information to the legal authorities.
User data: by accepting these GTCU, the User authorises the Company to gather, save, process, use and send data on logins, transactions and traceability in order to measure usage, to carry out its activity, and compile a database.
The Application, in the case of using the matchmaking service among users of the ride sharing service, supplies only the User’s first name, profile photo,and thereby maintaining a certain level of anonymity among Users. Users are naturally free to waive this relative anonymity as they see fit.Under the taxi geolocation and order service, the application only provides the phone number to the transport provider to enable the fastest possible meeting, knowing that the provider shall not retain data for some reason except at the express request of the User.
The Application will request access location data in the User’s mobile phone. The User is able to accept or deny this request. If the User denies the request, the Application cannot be used.
ARTICLE 9 – TRANSFER
The User may not transfer his/her rights in the framework of these GTCU without obtaining prior written authorisation from the Company.
ARTICLE 10 – DURATION AND DISSOLUTION
The contract between the User and the Company is agreed to for an indefinite duration.
If the User fails to fulfil his/her obligations as defined in these GTCU, the Company reserves the right to immediately dissolve the account, either temporarily or definitively, and refuse access to the Application or Services.
Users who no longer wish to take advantage of the Company’s Services or access the Application can at any time close their account by contacting the Company via the website or Application, and then delete the Application from the User’s mobile phone.
The User’s account data will be deleted with the exception of data needed to fulfil the Company’s legal, account and fiscal obligations.
The balance of the User’s LEMON WAY account will be determined as per the terms and conditions of LEMON WAY appended to these GTCU.
ARTICLE 11 – LEGAL JURISDICTION
The contract between the Company and the Users is governed by French law.
In case of a dispute regarding these GTCU, the matter will be governed by the jurisdiction of the Paris courts.
GENERAL TERMS AND CONDITIONS OF USE
PAYMENT SERVICES FRAMEWORK CONTRACT
General Terms of Service
Version 1.0 20/10/2014 “Marketplace”
The Customer and
Lemon Way, Limited Joint-Stock Company with a Capital of €860,232.53, SIREN Number 500 486 915, headquartered at 14 rue de la Beaune, 93100 Montreuil, France (hereinafter referred to as “Lemon Way”), accredited on 24/12/2012 by the French Prudential Supervisory Authority (“ACPR”, France, website http://acpr.banque-france.fr) 61 rue Taitbout 75009 Paris, as a hybrid Payment Institution, under the number 16 568 J.
These “ ” or “ToS” are available at any time on the website (https://www.LemonWay.fr). They regulate the terms and conditions of opening a Payment Account with LEMON WAY in the name of the Customer and the provision of payment services. The Customer is invited to carefully read them before accepting them.
The Customer can at any moment consult, reproduce, store on their computer or another medium, forward by email, or print them onto paper in order to retain them. They can also obtain a copy of them free of cost by post to their address by making an express request to LEMON WAY.
At any moment, in accordance with the law, it is possible to verify the accreditation of LEMON WAY as a payment institution on the site regafi.fr. The website of the payment institution LEMON WAY is the following: www.lemonway.fr
The Payment Services Framework Contract consists of these ToS, the payment account opening form and pricing conditions (the “Contract”).
These documents form a single whole· and regulate the terms and conditions of use by the Customers of the payment service provided by the business Lemon Way (“LEMON WAY”).
The terms used in these ToS will be, when they are used with the first letters in upper case and independent of whether they are used in the singular or plural, as defined below:
Customer Area: Refers to the virtual space of each Customer on the Website. The Customer Area can be accessed by entering the mobile telephone number or valid email address provided by the Customer following subscription to the Payment Service as well as a secret code that only the Customer knows.
Beneficiary: natural or legal person designated by the Customer to receive a Payment Transaction carried out by LEMON WAY in accordance with the Contract. The Beneficiary can be another Customer, a third party, or the paying Customer.
Customer: natural or legal person and Payment Account owner.
Payment Account: account opened in the ledgers of LEMON WAY to provide debit and credit Payment Transactions, charges due by the Customer and any reversal in relation to their Operations, and to compensate these amounts on the date of their debiting or crediting from the Account for the purpose of showing a net balance of the Account’s available Provisions. This balance must never be statutorily nor technically negative.
Payment Transactions: actions consisting of paying, transferring, or withdrawing funds by wire transfer from their Payment Account, independent of any underlying obligation between the Customer and the Beneficiary, ordered by the Customer.
Payment Order: consent given by the Customer following the personalized measures and procedures agreed upon between the Customer and LEMON WAY, in order to authorize a Payment Transaction.
Provision: amount credited from the available Payment Account that can be called upon by future Payment Transactions following receipt of a Payment Order from the Customer, the Account owner.
Payment Services: services offered by LEMON WAY in application of the Contract and including the execution of wire transfers and the acquisition of payment orders by card and by wire transfer.
Website: Refers to the website http://www.lemonway.eu from which LEMON WAY offers the Payment Services.
Partner Website: Refers to the website of the partner whose details are indicated in the Account opening form, for this purpose, acting as Beneficiary, business provider, or intermediary between the Customer and the Beneficiary of the Payment Transaction.
Third-Party User: person designated by the Customer in the Payment Account opening form as being able to access and only read the information in their Customer Area.
OPENING A PAYMENT ACCOUNT
The Customer must meet the requirements of the Payment Account opening procedure hereinafter described.
3.1 – Prior declarations of the Customer
The Customer, person of legal age and capacity or legal person, expressly declares they have the capacity and/or have received the authorizations required to use the payment service provided by LEMON WAY and indemnifies LEMON WAY against all potential liability arising from a false declaration.
The Customer declares that they are acting on their own behalf. The Customer has the obligation to use the services provided by LEMON WAY in good faith, for lawful purposes, and in respect of the provisions of the Contract.
The Customer as a natural person declares that they are resident in France or in the European Economic Area, or EFTA; the Customer as a legal person declares that they are registered in France or the European Economic Area, or EFTA. For all other countries of residence or registration, LEMON WAY retains the authority to not review the request to open a Payment Account in order to conform to the geographic boundaries in their agreement.
The list of countries within which the Payment Institution of LEMON WAY is passported is available at any moment on the website https://www.regafi.fr
3.2 – Terms of signing the Contract
The Payment Account opening form will be signed by the Customer after having been informed of the provisions of the Contract. For this, they can provide a handwritten signature on a printed version mailed to the address of the head office of LEMON WAY on the first page of the ToS, the use of the electronic signature module is provided to the Customer on a Partner Website. The latter accepts that they have read, understood and accepted the Framework Contract in its entirety.
3.3 – Documents to be provided for identification
The Customer must provide LEMON WAY by email (email to email@example.com), by electronic transmission and upload to the computer systems of Lemon Way accessible in the Customer Area, by post to the address of the head office, the following elements:
For an Individual:
A copy of a current and valid proof of identity that is readable and acceptable by LEMON WAY at its discretion such as an ID card or a passport,
For certain thresholds, the copy of a second proof of identity will be requested by LEMON WAY,
A copy of a bill (water, gas, electricity, landline phone or ADSL or cable TV, or proof of payment of tax received within the last 3 months, or rent receipt with the full name and address of the landlord)
Before any external wire transfer by Lemon Way to the bank of the Customer owning the Payment Account, a copy of the 1st page of a bank statement stating the address, or an IBAN, each document must be from within the last three (3) months.
For a Professional:
A copy of the company statutes validated by the administration (including the distribution of powers), except for publicly-traded businesses.
A K-BIS or company registration form from the last 3 months (Europe) or a copy of an extract from the commercial register translated into English
A copy of a proof of identity of the legal representative of the company and a second proof of identity upon request from LEMON WAY
A copy of an IBAN in the name of the Customer;
These same documents will be requested for the beneficiary of any Customer as legal person.
For associations, a copy of the official registration number, as well as a proof of identity and address for the President of the association or the Treasurer, as well as an IBAN in the name of the association.
LEMON WAY reserves the right to request any other document or additional information, in order to allow them to carry out verifications in respect to their legal obligations including those in regards to the fight against money laundering.
The Customer can authorize in writing or a lasting medium a third party to transmit these documents for their account to LEMON WAY. They will indicate in the Account opening form the registered name of the commercial entity for this purpose.
The Customer is informed that LEMON WAY will retain on electronic archives, for five (5) years after having ended the relationship with the Customers, a copy of the substantiating document(s) that served as their identification.
3.4 – Accepting the opening of a Payment Account
LEMON WAY can refuse to open a Payment Account for any reason without justifying their decision. This cannot give cause for any damages.
LEMON WAY confirms or refuses the opening of their Payment Account by sending an email to the Customer. The Customer can use this acceptance to identify themselves on the Partner Website to determine that their Payment Account is open.
3.5 – Designating a Third-Party User
The Customer can designate a Third-Party User to have read-only access to their Customer Area. It is stated that in certain cases, the opening of a Payment Account can be made by the designation by the Customer of a partner using the Partner Website as a Third-Party User for the smooth operation of the service offered by the Partner.
Through this designation, the Customer expressly removes the professional confidentiality in favor of the designated partner. They limit the access to their Customer Area for consultation purposes only as part of the completion of the services offered by the intermediary of the Partner Website to the exclusion of any other use. This information cannot be communicated to any other third-party with the exception of sub-contractors of the partner involved in the provision of the services offered by the Partner Website.
LEMON WAY will provide the Third-Party User with a personal username and access code. In no case is the Customer authorized to transmit their Username or their password to any partner or third-party.
CREDITING A PAYMENT ACCOUNT
4.1 – By card
A Customer can proceed with the funding of their Payment Account by debit from the account with which the bank card is associated or by a payment guaranteed by another establishment.
The Payment Order is considered irrevocable following the services framework contract agreed between the card issuer and the titular Customer from the entry of this data or in the case of registering the card, from the entry of the cryptogram. LEMON WAY provides the Customer with an authentication mechanism by which the issuer requires the entry of a unique code that is sent by the issuer to the mobile phone of the Customer. This code can be entered once the card has been registered and for all future Payment Orders.
The Customer can register and modify at any instance in their Customer Area the payment card(s) allowing them to fund their Payment Account by clicking on “Remember the number of my bank or payment card for the next use”. The Customer must confirm each previous Payment Order by entering the cryptogram from the Card.
LEMON WAY can refuse the registration of a bank or payment card or cancel this registration at any moment for security reasons. The Customer must in this case enter the numbers from their bank or payment card every time they fund their Account.
LEMON WAY regulates the limits which can be more restrictive than the limits of the bank or payment card issuer, in the interest of protecting the titular Customer. Unique limits, 24-hour limits, annual limits, in addition to any form of restriction, are applied to the platform to fight against fraud.
The Customer is informed that any operation that may result in the exceedance of applicable limits will automatically be rejected by the LEMON WAY System.
All transactions by bank or payment card, which are unpaid, have been rejected, or have been stopped, will see the amount of their Payment Account Provision automatically deducted by Lemon Way. If the Provision is insufficient, LEMON WAY is authorized to use all the avenues of appeal against the Customer in order to recover the amount owed. In addition, LEMON WAY will have the right to refuse the execution of all future remittances performed by the means of the card that caused the incident.
The fees for processing unpaid, rejected, or stopped payments can be levied by LEMON WAY, up to a total of 15% of the amount involved, without ever exceeding 20 euros, in accordance with Article L. 133-19 of the Monetary and Financial Code.
4.2 – By wire transfer from another Payment Account
A Payment Account can also be funded by wire transfer from a Payment Account of a paying Customer to a Payment Account of the payment beneficiary.
The Payment Order is received in accordance with point 5.1 for the Beneficiary account.
4.3 – Registration of funds in the Account
LEMON WAY will register the resulting funds from the procurement of a payment order by card or by bank transfer as quickly as possible and at the latest at the end of the working day during which they were received by LEMON WAY in accordance with point 4.1 and in real-time for wire transfers carried out in accordance with point 4.2.
DEBITING A PAYMENT ACCOUNT BY WIRE TRANSFER
5.1 – Initiating a Payment Order
LEMON WAY provides a payment service allowing Customers with a Payment Account to instruct LEMON WAY, in order to carry out a wire transfer subject to approval that the Account Provision is larger than the total amount of the wire transfer (including fees). In the event of insufficient Provision, the Payment Order will automatically be refused. The Payment Order must include the following information:
the amount in euros;
the Beneficiary identified by their Payment Account number;
the date of wire transfer is differentiated to the order of the given customer when the transfer of funds has been input, executed with the condition is met, the gage is met. The date is therefore the end of the subscription period subject to the gage being met.
The Customer must authenticate themselves by entering their Payment Account Username in their secure Customer Area available on the Website. They must enter a unique usage code to confirm their Order.
If the Payment Account Provision is insufficient, the Customer can carry out a complementary funding in order to achieve a sufficient Provision to proceed with the payment. The Payment Order authorization is subject to the receipt of the complementary funds bringing the Provision up to a sufficient amount in order to execute the Payment Transaction.
LEMON WAY reminds the Customer that when the currency of the Payment Account differs to that of the bank account to which the wire transfer will reach, the exchange or service fees, can be imputed by the bank once the bank account of the Customer is open.
LEMON WAY cannot be held responsible if the bank details indicated in the Customer Area when requesting a wire transfer are incorrect or not up-to-date.
It is the responsibility of the Customer to verify and update their bank details in the Customer Area. Fees and rejections can be charged to the customer, see “LEMON WAY PRICING CONDITIONS”.
5.2 – Irrevocability of a Payment Order
The Payment Order sufficiently given by a Customer is irrevocable given that the entry of a unique usage code conforms to 5.1, the Customer can therefore not request that it be canceled.
It is detailed, that in certain cases, the Customer will be able to initiate a grouped order including a transfer of funds by cards initiated in accordance to point 4.1 above and a Payment Order by wire transfer to the Payment Account of a designated Beneficiary on a given date. The Payment Order will be considered irrevocable once the card details have been entered as described in 4.1.
LEMON WAY does not carry out recurring wire transfers.
5.3 – Amounts limited and applicable limits
The Customer is subject to the following standard limits:
If the customer is an individual, they are informed that they are subject to a limit of 2500 euros per calendar year and 250 euros per payment. To use their Payment Account beyond these amounts LEMON WAY will request additional proof of identification from the Customer. LEMON WAY will make the new applicable limits available on the Customer Area for each one of them and notably the maximum amount of monthly accumulative wire transfers made from their Payment Account.
If the Customer is a legal person. LEMON WAY will systematically demand all of the identity documents required before the opening of the Payment Account. LEMON WAY will make the applicable limits available on the Customer Area for the latter and notably the maximum amount of monthly accumulative wire transfers made from their Payment Account.
Any Payment Transaction that may result in exceeding the applicable limits to the cumulative monthly amount will automatically be rejected by the LEMON WAY System.
Other limits or blockages of orders will be able to be activated at any time by LEMON WAY in the event of the risk of fraud.
LEMON WAY reserves the right to reverse a Payment Transaction, if the transaction of transferring funds by bank or payment card used to credit the Payment Account is rejected or canceled by the card issuer.
5.4 – Delays
The maximum delays for payment services, in accordance with the Order of 29 July 2009, the application of Article L.314-2 of the Monetary and Financial Code, are the following:
a Payment Transaction initiated during a working day will be carried out at the latest by LEMON WAY the following working day if it is carried out in euros using a local credit establishment in a European Union member state;
a Payment Transaction initiated on a working day will be carried out at the latest by LEMON WAY at the end of the working day if it is carried out in euros in favor of another Payment Account.
6.1 – By transaction
Once a Payment Transaction is carried out, the LEMON WAY System automatically sends a confirmation email of the Transaction to the Customer before having initiated the Payment Order. This email contains all the information relative to the Payment Transaction which has been communicated by the LEMON WAY System, including: the identity of the Beneficiary, the details of the Payment Transaction, its amount, the date and time of the Transaction as well as the specific conditions of the payment. The information contained in the email will also be available in their Customer Area.
All Payment Transactions will be made available in a Summary made in real-time for each Payment Account. The Customer will be able to consult their Summary in their secure Customer Area.
The Customer will have access to the payment Accounts Summaries of all the Payment Transactions for both credits and debits on this account.
LEMON WAY will make an annual summary of fees available on their Personal Area throughout the month of January each year. A notification will be sent to them to inform them that this document has been uploaded.
The consultation period is maintained for two (2) years, in addition to the current year. However, it is recommended that the Customer regularly print their Summaries. Nevertheless, previous transactions will be kept and can be consulted after a request to Customer service. LEMON WAY will retain the substantiating documents, during the applicable regulatory periods, registrations, and documents of completed Payment Transactions, on digital archives.
CONTRACT LENGTH AND DATE OF EFFECT
The Contract takes effect at the moment when the Contract Framework is signed by the Customer, for an indefinite period.
The Customer has a period of fourteen (14) calendar days to cancel their contract without fees. This short period is from the day that the contract is signed, namely the day that the Customer accepted these General Terms of Service. During this cancellation period, the contract will only be able to start upon express request from the Customer. The Customer expressly recognizes and accepts all payment instructions addressed to LEMON WAY before the cancellation period ends, providing an express request from the Customer to fulfill the contract. The Customer will therefore not retain the right to cancel a payment instruction which they would have given and confirmed during the cancellation period.
This right to cancel can be exerted by the Customer without penalties and for any reason.
The Customer is required to notify LEMON WAY of their decision by registered mail with acknowledgment of receipt from the head office of LEMON WAY found in the definition of LEMON WAY (in the introduction of these General Terms of Service) before the expiration of these fourteen days. If the Customer does not exert their right to cancel, the contract will remain in effect in accordance with the provisions of these General Terms of Service. To cancel the Contract, they must conform to the conditions of cancellation from article 19.
Claims which pertain to the relations between two Customers or between a Customer and a third party are not valid in relation to LEMON WAY. Only those that pertain to the absence or the improper execution of a Payment Order given by the Customer to LEMON WAY are referred to by the current article and by the Contract.
Claims (disputes, rights of opposition, of access and rectification, etc.) can be freely exerted by requests addressed to LEMON WAY at the following email addres: firstname.lastname@example.org or by mail to the following address:
14, rue de la Beaune
93100, Montreuil, France
Any complaint or request relating to:
a failure of one of the functions of the Payment Service provided by LEMON WAY or of the Website,
information communicated by the Lemon Way system or LEMON WAY as part of the Payment Service.
an error in the execution of a payment or its non-execution,
an error in the debit of commission, tax, or bank fees by LEMON WAY,
must be brought to the attention of LEMON WAY by the Customer as quickly as possible from the day when the Customer became aware or is thought to have become aware (notably taking into account their browsing habits on their Customer Area and the date and time they last accessed their Main Account) or in all other longer periods by particular provisions or by the law.
In accordance with recommendation 2011-R-05 of the ACPR on 15 December 2011, acknowledgment will be sent within a maximum of ten days. The claims will be dealt with within a maximum of two months from their receipt.
A complaint declaration form is also available on our website: http://www.lemonway.fr/reclamation
Failing amicable agreement, the non-business-related Customer can contact, by mail, an independent ombudsman, who can be contacted freely in the event of litigation, arising from or in any way connected to these terms, the Ombudsman from AFEPAME, 36 rue de Taitbout 75009 Paris, France, without prejudice to other avenues of legal action.
In consideration of providing payment services to the Customer, LEMON WAY will levy a remuneration whose amount and conditions are indicated on the Partner Website in the tab “Pricing Conditions”. The fees indicated are the financial fees and encompass the partner fees and those of LEMON WAY.
10.1 – Username and password
Once their Customer Area is activated, the Customer chooses a confidential code to access their Customer Area, this code will be asked of them for all future connections. The Customer is therefore solely responsible for the use and conservation of their username and their password. The Customer is solely responsible for protecting their computer equipment and keeping their Usernames for their Payment Accounts secret (and therefore immediately deleting the email from LEMON WAY containing their provisional password). The Customer is responsible for assuring, under their own responsibility, that their system settings and email filters (spam or otherwise) or the state of their inbox (eventual capacity limits) will allow them to receive the emails automatically sent to them by the Lemon Way System.
The Customer commits to not communicating their Username to a third party.
10.2 – Notification Obligation
The Customer has the obligation to immediately inform LEMON WAY if they suspect any fraudulent use of or access to their Payment Account or any event that may lead to such use, such as but not limited to: loss, accidental divulging or misappropriation of their Usernames for the Payment Account, non-authorized access to all or part of the Customer Area or a non-authorized payment.
This notification must be sent by email to the following email address: email@example.com and be confirmed in writing to the following address:
Société LEMON WAY
14 rue de la Beaune
93100, Montreuil, France
10.3 – Prevention
LEMON WAY does its utmost to stop all other uses of the Payment Account.
LEMON WAY has put a protection procedure in place against the risks of “phishing” or identity theft, called “anti-phishing key” which is secret information (a date, sentence, word, or series of numbers) given by the Customer during their registration and editable by them at any time from their Customer Area. The anti-phishing key also allows the Customer to verify following a telephone call that they are in contact with a Payment Service customer adviser.
The Customer possessing a Payment Account must check that their correspondences (emails, letters, faxes) which are marked as being from LEMON WAY or the Payment Service also include the anti-phishing key.
The Customer is informed that all correspondence that does not contain their anti-phishing key is not thought to have been sent by LEMON WAY or the Lemon Way System. LEMON WAY is not responsible for fraudulent acts from third parties that indicate erroneous information regarding the supposed execution of payments or wire transfers between LEMON WAY accounts using the Payment Service.
LEMON WAY will never ask a Customer to give their password, by whatever means, by telephone, by email, by SMS, by mail, nor by any other means.
The Partner also has their own secure methods of communication with the Customer.
LEMON WAY makes use of, as part of the Payment Service, cookies (files sent by the LEMON WAY server that are registered onto your computer’s hard disk as you browse). These cookies are firstly used to improve the Payment Service, particularly in terms of speed.
These cookies allow:
identification to remain active once a Customer opens a session so that the Customer does not have to re-enter the details for their Payment Account for each page they browse on the Website. These cookies automatically expire once the Customer ends their session or closes their web browser.
the conservation of the Customer’s email address on the Website for the login form when the Customer opens a session. Thanks to this cookie, the email address of the Customer is shown each time they open the Customer Area.
10.5 – Interruption of the Website
LEMON WAY commits to put in place all the reasonable resources available to it to ensure access to its Website. LEMON WAY does not however guarantee continued, uninterrupted access to the Website. Accordingly LEMON WAY cannot be held responsible for delays and/or inability to access the LEMON WAY System or the Website resulting in Payment Transactions being impossible to make or in the event of erroneous or partial service, resulting from factors outside of the reasonable control of LEMON WAY.
The Customer is informed that LEMON WAY can occasionally interrupt access to the Website or to part or all of their services:
to carry out repairs, maintenance, or add new features,
if there are suspicions of attempted piracy, embezzlement of funds, or any other risk of infringement,
when requested or instructed by persons or authorities authorized to do so.
to execute operations on the Payment Account,
for the closure of a Payment Account.
Wherever possible, and without legal or regulatory restrictions, LEMON WAY will inform the Customer giving reasonable notice. LEMON WAY cannot be held responsible for any resulting damage from these suspensions.
Once normal service has resumed, LEMON WAY will attempt reasonable efforts to deal with the pending transactions in the shortest time possible.
10.6 – Opposition to a security measure
The Customer can make an opposition by contacting Lemon Way by Email at support@lemonway.Fr or by telephone with the number: +33 1 48 18 19 30
A registration number for this opposition is given to the Customer and kept for 18 months. Before the end of this period, the Customer can make a written request and LEMON WAY will give them a copy of this opposition.
LEMON WAY should not be held responsible for the consequences of an opposition which does not originate from the Customer. The request for opposition is recognized by the date that the request was received by LEMON WAY or any person assigned by them, to this effect. In the event of theft or fraudulent use, LEMON WAY is authorized to request a receipt or a copy of the complaint form from the Customer who commits to respond in the shortest possible period.
LEMON WAY will block access to the Payment Account and render the Username and Payment Account of the Customer unusable. New user details will be sent to the Customer, in the same way that they were sent the first time after opening their Payment Account.
In accordance with article L. 133-22 of the Monetary and Financial Code, LEMON WAY is responsible, subject to articles L. 133-5 and L. 133-21 of the Monetary and Financial Code, for the correct execution of the Payment Transaction for the paying Customer until the funds have been received by the payment service provider of the Beneficiary of the Payment Transaction. When LEMON WAY is responsible for a Payment Transaction that is wrongly executed due to its negligence, LEMON WAY recompenses, without delay, the amount to the payer and restores the debited account to the state which it would have been if the wrongly-executed Payment Transaction had not taken place.
Non-business-related Customers who wish to contest a Payment Transaction that they did not authorize must contact Customer service in accordance with article 8 as quickly as possible once they become aware of the anomaly and at the latest, 13 months following the registration of the Payment Transaction in the Account. In event of the use of a security measure, non-authorized transactions carried out before the notification of opposition are the responsibility of the non-business-related Customer, subject to a limit of 150 euros. However, LEMON WAY is not held responsible in the event of a Customer error such as willful neglect or grave negligence of their obligations, late submission of an opposition, or bad faith. In the event of misuse of their data or counterfeiting, the resulting losses for the Transactions carried out before the opposition from the non-business-related Customer are supported by LEMON WAY, except in the event of negligence as defined above. The Payment Transactions carried out after the lodging of non-business-related complaints by customers are supported by LEMON WAY except in the event of fraud.
LEMON WAY is not entitled to cancel an irrevocable Payment Order at a Customer’s request.
By no means is LEMON WAY responsible for direct and/or indirect damages, such as commercial prejudice, loss of customers, any commercial disruption, profit loss, brand damage suffered by any Customer, by any third party, and which could result from the performance of LEMON WAY or the implementation of the Operating Platform, or its unavailability. Any action brought against the Customer by a third party constitutes an indirect loss, and thus cannot give rise to compensation.
Excepting stipulation against these General Terms of Service or mandatory laws without prejudice of grounds for exclusion or limitations of liability set forth in this, LEMON WAY cannot in any case be held responsible for any damage caused by a case of force majeure or an event out of their control or any measure or statutory provisions prevailing from the French or foreign authorities. Force majeure is extraordinary events beyond their control, in particular, but not limited to: a power cut, fire or floods, strikes by their staff or subcontractors or suppliers, malfunction of interbank systems or bank card payments, war, unrest, riots, or occupation of a territory by foreign forces, negligence by a third party in keeping with rulings and tenets such as those persons responsible for the delivery of electricity or telecommunication services.
PROTECTION OF CUSTOMER FUNDS
LEMON WAY will retain the available funds credited to the Payment Account of the Customer until the end of each working day in a holding account opened by BNP Paribas.
INACTIVE PAYMENT ACCOUNT
A Payment Account is considered inactive if:
the Payment Account has not been subject to any Payment Transactions during a period of twelve month during which, excluding debits by LEMON WAY maintaining all the kinds of fees and commissions of the account and
the Customer owning the Account, their legal representative or person authorized by them is not clearly, in any form whatsoever, part of LEMON WAY, or
After a period of 12 months following the death of the Customer. The Customer and their heirs are informed by the following attendant consequences.
The assets registered in the inactive Payment Account are deposited in the Caisse des dépôts et consignations after a period of ten years from the date of the last Payment Transaction excluding debits by LEMON WAY for the maintaining of all kinds of fees and commissions. Except in the event of the death of the titular of the payment account where the assets registered are deposited in the Caisse des dépôts et consignations after a period of three years following the date of death of the owner.
No intellectual property rights through the use of the Payment Service or services rendered by LEMON WAY through the LEMON WAY System are transfered to the Customers under these General Terms of Service.
The Customer commits to not affect the rights held by LEMON WAY, in such a way that any reproduction, or adaptation of all or part of the intellectual assets and components comprising the LEMON WAY System and its accessories, regardless of which medium, currently or in the future, is forbidden.
All rights related to the software of the LEMON WAY System are fully and entirely the property of the company LEMON WAY. They are part of their trade secrets and confidential information without regard for the fact that certain components can or cannot be protected by the actual intellectual property legislation.
The software of the LEMON WAY System is and, when appropriate, their documentation, are recognized by the Customer as a work of the mind which they and their staff are obliged to consider as such prohibiting them from copying, reproducing, translating into another language, adapting, or distributing them with or without remuneration, or adding to them any object not conforming with their specifications.
The brand “Lemon Way” is the property of the company LEMON WAY. The Customer commits to not remove mention of the brand “Lemon Way” on any element provided or made available by LEMON WAY, such as software, documents, or advertising banners.
The Customer commits to respect the strictest confidentiality as regards all technical, commercial, or other information which the Customer becomes aware of as part of the execution of the Payment Service.
This confidentiality obligation will remain in force throughout the subscription to the Payment Service and for three years following the cancellation date of the Contract. This confidentiality obligation does not apply to information which is or has become publicly available at no fault of the Customer.
The parties recognize that the Payment Transactions are covered by professional secrecy according to article L.519-22 of the Monetary and Financial Code.
COLLECTION AND PROCESSING OF PERSONAL DATA
The company LEMON WAY respects all of the provisions applicable as far as the protection of privacy is concerned and notably the 8 December 1992 Act on the protection of private life with respect to the processing of personal data, as amended. In accordance with the law, LEMON WAY has undertaken the processing of personal data in accordance with the CNIL declaration.
The company LEMON WAY collects and retains personal data that the Customer has voluntarily provided. Thus, this is personal data relating to the Customer as a physical person, the data relative to their identity, their telephone number, their email address, their address, their card number or bank account number, to the transaction or wire transfer, to the IP address of their computer.
The Customer is informed and accepts that LEMON WAY is responsible for the collection and processing of personal data in the following ways:
respecting all regulatory or statutory provisions applicable, notably as far as the prevention of laundering and the financing of terrorism is concerned,
processing/managing and archiving transactions,
controlling and preventing incidents and irregularities (the fight against fraud and any other type of wrongdoing),
central management of customers,
processing Customer requests,
completing tests, statistics, and surveys,
training staff assigned to the Payment Service,
controlling service quality,
suggesting new services,
The Customer is informed that these personal details can be saved in one or several folders in accordance with the applicable legislation and accepts that the data collected are saved and processed in accordance with the rules outlined earlier.
The Customer accepts that personal data strictly necessary to the fulfillment of the aims mentioned above or to those required by applicable regulations, are communicated by LEMON WAY:
to sub-contractors and external service providers whose intervention is necessary,
to Beneficiaries of a Payment Transaction or to an intermediary brought into contact with the Customer and Beneficiary of the Payment Transaction for the correct execution of this.
The Customer accepts that the communication of this personal data to these aforementioned persons can be, in accordance to the conditions previously defined, to another country in the European Union and equally to a country that is not a member of the European Union that guarantees an adequate level of protection in regards to the 8 December 1992 Act on the protection of private life with respect to the processing of personal data.
The Customer has a right to access personal data concerning them and is informed that they can consult at any moment the information that has been communicated to LEMON WAY in their Customer Area. The Customer has the right to rectification of inaccurate personal data, they are informed by LEMON WAY that they can modify certain personal information from their Customer Area.
The Customer may exert their right to opposition to LEMON WAY for the planned treatments relating to the payment services or other products or services promoted by LEMON WAY.
The rights of opposition, of access, and of rectification can be exerted freely by requests sent to LEMON WAY by email to the following address: firstname.lastname@example.org or by mail to the following address:
Société LEMON WAY
14, rue de la Beaune
93100, Montreuil, France
AGREEMENT IN RELATION TO PROOF
Communication by email as well as through the Customer Area available on the Website are recognized as valid evidence by the Customer and LEMON WAY.
All information saved in the Lemon Way System computer database related notably to all payment and payment processing-related messages received from Customers, to Withdrawal Requests and to the execution of transactions by LEMON WAY, to notifications addressed by the Customer and/or LEMON WAY, have, until there is evidence to the contrary, the same probative force as a signed written medium, in terms of their content as well as the date and time at which they were sent and/or received. These inalterable, secure, and reliable traces are recorded and kept in the computer systems of LEMON WAY.
Documents from LEMON WAY detailing this information, as well as copies or reproductions of the documents produced by LEMON WAY have the same probative force as the original, until there is evidence to the contrary.
The temporary and immediate suspension of a Payment Account can be pronounced by LEMON WAY for any reason at the judgment of LEMON WAY and notably:
if the Customer has not respected the provisions of the Contract,
if the Customer has provided LEMON WAY with inexact, obsolete, or incomplete identification data.
in the event of a risk of fraud, money laundering, or the financing of terrorism, or risk that could affect the security of the Payment Account or the LEMON WAY System;
in the event that there is an increased risk of the Customer of being unable to meet their payment obligation,
in the event that LEMON WAY receives a significant number of repayments, canceled orders, or disputes owing to non-authorized orders.
This decision can be made and the Customer notified by any means. The suspension of a Payment Account to ensure the protection of the Customer, cannot in any case give cause for the payment of punitive damages to the latter’s benefit.
The reactivation of the Payment Account will be at the discretion of LEMON WAY.
Depending on the seriousness of the breach of the General Terms of Service, particularly if the Beneficiary has sold Illegal Products, LEMON WAY reserves the right to cancel the Contract in accordance with the provisions of article 19.
CANCELLATION OF THE CONTRACT
The Customer can cancel the Contract which will bring about the closure of its Payment Account by registered mail with notice of receipt giving a month’s notice. They must maintain the sufficient provision for the completion of the Payment Transactions during the notice period necessary for their completion and the payment of all charges due from them.
LEMON WAY can cancel the Contract which will bring about the closure of its Payment Account by registered mail with notice of receipt giving two months’ notice.
In the event of a serious violation by one Party, the framework contract can be canceled with immediate effect by a simple written notice by either Party. Serious violations by the Customer are understood as: communication of false information, illegal activity, contravening proper morals, money laundering or financing terrorism, threats against LEMON WAY staff or Partners, default in payment, disrespect of a Customer obligation under these rules, termination of relationships between the Customer and the Partner, indebtedness or for legal persons the appointment of a legal agent, administrator, the opening of a grievance procedure, or liquidation. Serious violations by LEMON WAY are understood as: the communication of false information, disrespect of an obligation under these rules, the appointment of a legal agent, administrator, the opening of a grievance procedure, or liquidation.
In the event of modification of the applicable regulations and interpretation which is carried out by the Regulating Authority affecting the capacity of LEMON WAY or their legal agent to execute Payment Transactions, the Contract will automatically be canceled. The Customer will be unable transmit a Payment Order from the effective date of the cancellation. The Account can be maintained for a period of 15 months to cover disputes and later complaints. The Payment Transactions initiated before the effective date of the cancellation will not be challenged by the request for cancellation and must be executed in the terms of the Contract.
The cancellation of the Contract brings about the definitive closure of the Payment Account. The closure of the Payment Account cannot give cause for any indemnity no matter whether any damages are created by the closure of this Payment Account. The Customer whose Account has been closed by LEMON WAY is not authorized, except with express permission from LEMON WAY, to open another Payment Account. Any Payment Account opened in violation of this provision can be immediately closed by LEMON WAY, without notice.
The Provision on the Payment Account subject to closure will provide the right of a wire transfer to the benefit of the owning Customer from this account following their instructions subject to the transactions in progress and arrears, bank rejections, or future disputes. If a successor is designated by LEMON WAY, they will be able to be propose that the Customer close their Payment Account and transfer the Provision to a new Payment Account open in the ledgers of the establishment designated as the successor.
LEMON WAY reserves the right to demand compensation in court as a result of the violation of the Contract. The closure of the Payment Account can give cause for fees in accordance with article L. 314-13 of the Monetary and Financial Code.
MODIFICATION OF THE CONTRACT
Any draft amendment of the Contract is communicated in writing or another durable medium to the Customer no later than two months before the date that the proposed changes come into effect.
In the absence of an objection in writing by registered mail with notice of receipt addressed to LEMON WAY from the Customer before the expiration of this period of two months, the latter is deemed to have accepted these changes. In the event of refusing the proposed changes, the Customer can cancel the Contract free of charge, by written request before the date that these proposed changes come into effect. This request does not affect all of the debits (charges, fees, payments) for which the Customer will remain liable.
SPECIFIC PROVISIONS APPLICABLE TO CUSTOMERS AS LEGAL PERSONS
21.1 – Death
In the event of the death of the Customer owning the Main Account, LEMON WAY must be notified as quickly as possible by the beneficiaries or their legal agent. If this notification is given verbally, it must be confirmed in writing. Upon receipt of this in writing, LEMON WAY will ensure that no transaction will be carried out on the assets and will proceed to close the Customer Area, which will lead to the closure of the Main Account.
If the assets that LEMON WAY retains in the name of the deceased are greater than the fees for Withdrawal costs, they can by way of derogation of article 17 of these General Terms of Service, make a Withdrawal in favor of the beneficiaries only upon production by said beneficiaries or their legal agent of supporting documents, according to the applicable legislation, establishing the devolution of the estate as well as any other document that LEMON WAY judges necessary.
If the wire transfer cannot be completed for any reason, including the absence of the production of supporting documents to LEMON WAY, the provisions of article 13 of these General Terms of Service apply to the Provision.
SPECIFIC PROVISIONS APPLICABLE TO CUSTOMERS AS LEGAL PERSONS
In the case where the fraud rate on the bank card or any other payment method used by the payers, is greater than 0.2% on average in relation to the monthly amount of payments, LEMON WAY reserves the right to apply penalties.
Payments are not guaranteed by LEMON WAY.
The Customer as a legal person must satisfy the rules of VISA and MASTERCARD particularly in regards to their activity.
A declaration of activity and risk assessment form is given to the Customer as a legal person entering into relation, then signed by the Customer. In all instances, activity must be legal, and confirm to the nature of the activity declared in said form. Activities, even legal activities, not accepted by LEMON WAY, are included in said form.
LEMON WAY returns rejected transactions, such as ChargeBack for example, and other transactions that cannot be made by VISA or MASTERCARD, debiting them to the Payment Account of legal persons.
When administrative formalities will be required for the execution of these General Terms of Service, LEMON WAY and the Customer will provide each other with mutual assistance in the resolution of these formalities.
If one or any of the clauses of the General Terms of Service should prove to be null with respect to a current law or a legal decision having become definitive, it will be held not written, but will not involve the nullity of these General Terms of Service.
The fact for one of the parties not to take advantage of a neglect by the other party in the one or any the obligations aimed in the present ones, could not be interpreted for the future as a renunciation of the obligation in question.
In case of difficulty of interpretation enter the one some of the titles appearing at the head of clauses of the General Terms of Service, the titles will not be considered.
The Customer can give a person power to use their Payment Account and assume full responsibility for the Payment Transactions as defined in power of attorney. The form is available online and must be sent back to LEMON WAY. The power of attorney will not come into effect until the aforementioned form has been completed and received and is subject to acceptance by LEMON WAY. This can be confirmed by any means. This ends automatically after the death of the Customer. It can be revoked by the initiative of the Customer by informing their legal agent and LEMON WAY by registered mail with notice of receipt. The cancellation will take effect on the date of receipt of the cancellation by LEMON WAY. The Customer remains responsible for the Payment Transactions initiated from their account by their designated legal agent until this date.
The Customer expressly waives LEMON WAY of professional secrecy related to data on the Payment Account in respect to the legal agent designated by power of attorney.
APPLICABLE LAW AND JURISDICTION
These General Terms of Service are governed by French law.
Unless otherwise provided, any disputes relating to their execution, interpretation, or their validity, shall be brought before the courts which have jurisdiction in Paris.