GENERAL TERMS AND CONDITIONS OF USE FOR THE PLATFORM MOVE è fà !
WARNING: Please read these Terms of Use carefully before using the services offered by MOVE è fà.
PREAMBLE
MOVE è fà ! is registered as an Intermediary in Participatory Finance (IFP) in the Unique register of Intermediaries in Insurance, Banking and Finance under the registration number 7000188.
MOVE’s activity is managed by the following statutory provisions: Decree number 2014-1053 of September 16, 2014 on participatory finance.
MOVE è fà ! is authorized to publish loan application projects.
MOVE è fà ! studies the situation of the BORROWER and evaluates the risk of non-repayment.
MOVE è fà ! is a joint-stock company registered under French law with a capital of 10,000 euros. Its headquarters, located at 21B rue César Campinchi 20200 Bastia, are registered under the Paris Trade and Companies Register under the number RCS 824 078 265 in Bastia.
THE FOLLOWING GENERAL TERMS AND CONDITIONS OF USE AND SALE SET THE TERMS AND CONDITIONS FOR ACCESS AND USE OF THE PLATFORM MOVE È FÀ! AND DEFINES THE TERMS AND OBLIGATIONS OF ACTORS THEREIN.
IN ACCEPTING THESE TERMS, THE USER ACCEPTS THE CONDITIONS OF SERVICES PROVIDED BY MOVE È FÀ! AND DEMONSTRATES AN EXPRESS UNDERSTANDING AND ACCEPTANCE OF THE USE OF MIPISE SERVICES VIA THE SITE http://www.mipise.com AS WELL AS THE TERMS FOR SERVICES RENDERED BY THE PAYMENT SYSTEM MANGOPAY, ACCESSIBLE ON https://www.mangopay.com
USERS SHOULD READ THE GENERAL TERMS AND CONDITIONS ATTENTIVELY . IN ACCEPTING THESE TERMS, THE USER COMMITS TO RESPECTING THEM..
IF YOU ARE NOT IN AGREEMENT WITH THE TERMS AND CONDITIONS PRESENTED AND DO NOT WISH TO RESPECT THEM, DO NOT ACCEPT THE TERMS. IN THIS CASE, YOU WILL NOT BE ABLE TO BENEFIT FROM THE SERVICES PROPOSED.
YOU CAN CONSULT THESE CONDITIONS AT ANY POINT IN TIME. YOU MAY ALSO OBTAIN A SIGNED COPY OF THE TERMS AND CONDITIONS IF YOU SO WISH, SENT TO YOUR ADDRESS. MOVE È FÀ! WILL HAPPILY MAIL IT TO YOU OR SEND AN ELECTRONIC VERSION TO YOUR EMAIL ADDRESS.
THE ACCEPTANCE OF TERMS AND CONDITIONS VIA EMAIL HAS THE SAME VALUE A SIGNED PAPER AGREEMENT.
- 1.DEFINITIONS
- CROWDFUND: The money collected for an operation in participatory finance, in which multiple users donate to a fund
- USER PAYMENT ACCOUNT: The payment account of a CONTRIBUTOR (Lender) that is attached to a French IBAN account or credit/debit card number.
- CONTRIBUTOR : The name used on the site to describe a person who lends money to a project, a money lender. See LENDER.
- CROWDWIDGET: The original interface that is integrated on a website. The use of CROWDWIDGET allows access to the technical aspects of the services presented by MOVE è fà !
- BORROWER: a name given to the PROJECT STARTER, in the case of a crowdlending operation, wherein the borrower receives loans.
- CONTRIBUTOR SPACE: The interface that allows CONTRIBUTORS to consult and edit their profile.
- BORROWER SPACE: The interface that allows the BORROWER to set up and consult their profile.
- PAYMENT SYSTEM: LEMONWAY, MOVE è fà !’s secure payment system.
- PARTICIPATORY FINANCE also known as CROWDFUNDING : Participatory finance allows a project, product, event, activity or cause to raise funds in an alternative way, separate from traditional bank and finance spaces. For the PROJECT STARTER, CROWDFUNDING is an occasion to test and gage the degree of interest for a project, product, event, activity or cause with an active community made up of potential donors. For the public or potential contributors, CROWDFUNDING satisfies societal tendencies that combine the use of the internet and social networks with ownership, notions of closeness and a passion for projects. CROWDFUNDING operations can take the form of DONATIONS, LOANS, PRE-PURCHASE, LICENSING OR A COMBINATION OF ALL OF THE ABOVE.
- PROJECT MANAGER: The PROJECT MANAGER is MOVE è fà !
- FUNDRAISING GOAL: The amount of money required to make a realize a project.
- CROWDFUNDING PLATFORM: A platform that presents and manages numerous crowdfunding projects at once. MOVE è fà ! is a CROWDFUNDING PLATFORM.
- BORROWER: Any person that participates in financing a project with LOANS.
- PROJECT STARTER : BORROWER
- The person who begins a PROJECT on the platform. The PROJECT STARTER is considered a BORROWER when he/she crowdfunds for investments via LOANS and uses MOVE È FÀ!’s services, directly.
- LOANS WITH INTEREST : An operation in which funds are given by the LENDER to the PROJECT STARTER (BORROWER) with interest under the condition that they be repaid depending on the repayment plan fixed by the BORROWER.
- LOAN WITHOUT INTEREST : An operation in which funds are given by the LENDER to the PROJECT STARTER (BORROWER) without interest under the condition they they be repaid depending on the repayment plan fixed by the BORROWER.
- LENDER : Anyone who consents to making a loan investment in a project. To be noted: the minimum amount required to establish a loan contract with the BORROWER is 20€. The maximum amount required to establish a loan contract is 2,000 € (article D.548-1 of the Financial and Monetary Code -CMF), This sum can be up to 4,000€ for loans without interest.
- PROJECT : The information necessary to establish a PROJECT that requires loan funding are:
- • Its purpose
- • A fundraising goal
- • The length of the fundraising campaign
- Only the following operations can be financed by the MOVE è fà! platform:
- •The financing of activity for development projects such as: commercial investments, international development, the financing of intangible assets and so on.
- • The financing of material investments: production tools, real estate, the launch of a product with great potential.
- Short term treasury needs and consumer purchases are not eligible for loans.
- PROVISION : Sum given to the PROJECT STARTER on their account Somme versée par le PORTEUR DE PROJET sur son compte de paiement en vue du prélèvement au fil de l’eau des commissions dues.
- USER : PROJECT STARTER ( BORROWER), CONTRIBUTOR (LENDER/DONOR), PROJECT MANAGER. The use of the service outside of simple consultation of the website is reserved to physical persons that fulfill the following criteria:
- • Must be a fiscal resident of France, both within the European French territory as well as in overseas departments;
- • In the case of lenders, whether the loan be made for personal, non-professional and non-commercial purposes, lenders must confirm, in a sworn statement that the elements presented in the profile that was created on the occasion of the loan contract signature are valid.
- • Must have opened an account and meet the the conditions defined therein
- • Must have the legal ability to use of the service and sign the loan contract. In particular, users must not be under the care of a legal guardian or tutor at the time of inscription.
- 2.SIGNING UP ON THE PLATFORM
- THE USER OF THE PLATFORM ( PROJECT STARTER-BORROWER, LENDER, OR PARTNER) MUST PROVIDE:
- • A username
- • A valid email address
- As soon as a user wishes to open a payment account on the platform, certain complementary information will be required.
- A USER SPACE is put into place for any user of MOVE È FÀ!’s services. There, users can upload important documents, as well as find pertinent information regarding loan contracts and the like. .
- 3.ACCESS TO SITE SERVICES
- 3.1 Access to the platform’s services can be found via the homepage of the platform, where the user can sign up to become a user by clicking “sign up.”
- 3.2 If you would like to access the site as a potential partner, you may contact a MOVE è fà ! representative directly.
- 3.3 PROJECT STARTERS (BORROWERS) that wish to promote their project and obtain funding must submit a formal presentation of their PROJECT in the form of a “project journey.”
- 3.4 PROJECT STARTERS are obligated to respect the principles formulated under Article 4 of this document.
- 3.5 MOVE è fà ! reserves the right to suspend access to platform services to users that disrespect of the conditions described under paragraph 4 (see below) without incurring penalties from users.
- 3.6 MOVE è fà ! reserves the right to temporary suspend access to the platform for technical reasons or maintenance updates without incurring any penalties in the case of damages to the user.( cf. ARTICLE 14).
- 4.USER OBLIGATIONS:
- 4.1 In agreeing to these terms and conditions, USERS commit expressly:
- Not to save any link, message, image, text, video, animation or program that doesn’t conform to french legislation on the platform.
- Not to save or promote themes, content, or links that are expressly prohibited ( those that may incur copyright claims or cross into the private life of another) on the platform.
- Not to save or promote content that covers themes that relate to: the exploitation of minors, or that could include the use of child pornography, degrading images of the female or male body, that includes the use of inflammatory or defamatory language such as homophobic messaging, the denial of the holocaust, anti-semitism, or that could provoke violence, hatred, racism, suicide and general crimes on the platform.
- To obtain the necessary authorisation for the use of copyrighted images.
- To obtain the necessary authorisation of copyrighted images for any use in the public space.
- To make sure that URL addresses respect brand and personal branding copyrights.
- To assume all responsibility for text, images, programs or sounds that the user publishes on the platform.
- To assume sole responsibility for any direct or indirect, material or immaterial claim and be ready to settle any legal dispute that may occur
- To recognize that MOVE è fà ! has no responsibility in the case of engagement errors made by other users.
- 4.2 THE USER ALSO EXPRESSLY COMMITS :
- Not to use the platform to diffuse or promote computer viruses, trojan horses, or any other program of that nature that would violate the computer system or cause disruptions in service.
- To assume sole responsibility for any direct or indirect, material or immaterial claim and be ready to settle any legal dispute that may occur.
- To recognize that MOVE è fà ! has no responsibility in cases such as those listed above.
- 4.3 The user also expressly accepts that service can be suspended without prior notice or indemnity in the case of missing obligations listed below.
- 5.OPENING A PAYMENT ACCOUNT
- 5.1 Regulatory conditions are issued by L 561-5 of the Monetary and Financial Code regarding the identity of a client or the effective beneficiary of business relations. Each party should be allowed to assure the identity of a USER, the origin of the funds being given, as well as of the soundness of operations. The client (USER) must have this knowledge as soon as he/she enters into such business relations.
- 5.2 As such, any physical person that wishes to open a payment account must provide the following:
- • First and Last Name
- • A valid email address
- • Birth date
- • A postal address
- • His/Her nationality
- • Country of residence
- 5.3 Any Legal entity that wishes to open an account must provide:
- • Corporate Name
- • Valid email address
- • UThe official identification of a company director, or the person with the power to engage a legal entity in such operations.
- 5.4 EVERY USER must declare that the information given is valid and updated.
- 6.RULES REGARDING PAYMENT SYSTEM USE
- Certain regulatory conditions are issued regarding client information (KYC- Know Your Customer) They are related to obligations of vigilance regarding client issues addressed by by articles L. 561-5 of the Monetary and Financial Code.
- “Know-your-client ( or the beneficiary of a business relation)” assures the client’s identity, the origin of funds and the soundness of operations. This knowledge of the client’s identity must take place before entering into business relations. A constant vigilance must be exercised throughout the duration of such business relations and careful examination must be made of all operations that are made to assure that they are coherent with the client’s identity as it was originally presented. (Article L. 561- 6 Line 2 of the Monetary and Financial Code).
- As such:
6.1 The USER must systematically provide official identification as well as of proof of his/her function for any operation that involves a sum greater or equal to 250 € or if the sum total of operations throughout the year is greater than or equal to 2,500€, starting from the first euro earned by a PROJECT STARTER OR EFFECTIVE BENEFICIARY. MIPISE reserves the entire right to ask for this information in the same way as he/she would for information provided for operations under these listed limits. The nature of these official documents depend on the USER’s status:
- 6.1.1 A physical person must provide :
- • An official copy of valid identification: French ID card (recto-verso) in color, copy of a passport photo in color, or a titre de sejour in color + a second identification document for residents outside of France
- • Proof of residency that dates less than three months for french citizens in the form of:
- An energy bill
- A phone bill
- Housing Insurance
- Rent receipt
- Or documents issued less than a year in advance for the following :
- French Income Tax notice
- Housing tax
- • Your bank identification NUMBER (RIB)
- 6.1.2 Professionals, Auto-entrepreneur, artisans, liberal professions, micro-companies must provide:
- • INSEE number
- • Proof of an entry on the business register or the registrar of companies or associations or a handwritten signed letter stipulating RCS or RM registration exemption.
- • An official copy of valid identification: French ID card (recto-verso) in color, copy of a passport photo in color, or a titre de sejour in color + a second identification document for residents outside of France
- • Proof of residency that dates less than three months for french citizens in the form of :
- An energy bill
- A phone bill
- Housing Insurance
- Rent receipt
- Or documents issued less than a year in advance for the following
- French Income Tax notice
- Housing tax
- • Company bank identification NUMBER (RIB)
- 6.1.3 Organizations
- • A copy of the Official Journal of the French Republic certifying the organization’s recognition in the Official Journal. Go to: http://www.journal-officiel.gouv.fr/associations.html
- • A copy of the organization’s official registration number
- • An official copy of valid identification of the organization president’s: French ID card (recto-verso) in color, copy of a passport photo in color, or a titre de sejour in color + a second identification document for residents outside of France
- • Proof of residency of the organization’s president or treasurer that dates less than three months for french citizens in the form of :
- An energy bill,
- A phone bill,
- Housing Insurance
- Rent receipt
- Or documents issued less than a year in advance for the following
- French Income Tax notice
- Housing tax
- • Organization’s bank identification NUMBER (RIB)
- Pour le cas où l'entreprise comporterait plusieurs personnes détenant plus de 25% du capital, il convient de fournir une copie de la pièce d'identité recto verso de chaque associé détenteur de plus de 25% de la société.
- • A copy of the Official Journal of the French Republic certifying the organization’s recognition in the Official Journal. Go to: http://www.journal-officiel.gouv.fr/associations.html
- 6.1.4 Community
- • Une copie de l'insertion au Journal Officiel (http://www.journal-officiel.gouv.fr/associations.html),
- • Une copie du numéro d'enregistrement officiel de l’association,
- • Une copie des derniers statuts certifiés conformes à l’original
- • An official copy of valid identification of the person in charge of the community finances : French ID card (recto-verso) in color, copy of a passport photo in color, or a titre de sejour in color + a second identification document for residents outside of France
- • Proof of residency of the organization’s president or treasurer that dates less than three months for french citizens in the form of :
- An energy bill
- A phone bill (ligne fixe),
- Housing Insurance
- Rent receipt
- ou de moins d'un an concernant :
- l'avis d'imposition sur le revenu
- Housing tax
- • Organization’s bank identification NUMBER (RIB)
- 6.1.5 Community :
- • An official copy of valid identification of the person in charge of the community finances : French ID card (recto-verso) in color, copy of a passport photo in color, or a titre de sejour in color + a second identification document for residents outside of France
- • Proof of residency of the organization’s president or treasurer that dates less than three months for french citizens in the form of :
- An energy bill
- A phone bill
- Housing Insurance
- Rent receipt
- ou de moins d'un an concernant l'avis d'imposition sur le revenu ou la taxe d'habitation
- • An official document stating that a person that has been identified has the ability to manage the payment account.
- 6.1.6 MOVE è fà ! reserves the right to ask for the supplementary information or documents for legal purposes, in order to fight money laundering practices.6.1.7 These rules may be eased for more occasional clients that respect the threshold crossing. 6.1.8 The USER of the MIPISE services is warned that the documents that have been used to certify an identity may be saved by MIPISE or the PAYMENT SYSTEM for up to five years after the account has been closed. 6.1.9 Any change in first or last name initially used by the USER invalidates his/her “Know Your Customer” proof of documentation. 6.1.10 ANY USER of the platform is warned that a payment account may be refused and the profile deleted is it is considered that the person is considered “politically exposed” (frozen assets, high-risk, control for money laundering, fraud, using a false identity, or is a minor using the site without parental permission). 6.1.11ANY USER of MOVE è fà ! is warned that any documents that served to identify them are conserved by the platform for 5 years.
- 7.REIMBURSEMENT ON YOUR CONTRIBUTION (LOANS)
- 7.1 The maximum period for reimbursement is 84 months (7 years). It is important to note that as soon as a CONTRIBUTOR chooses to make a CONTRIBUTION to the PROJECT STARTER, he/she is sending a payment request to the PROJECT STARTER. The payment request is irrevocable. However, he/she will not be charged unless the project itself is realised. It is important, then, to understand that payment orders may not be questioned, as the only condition in which he/she is charged is the following: If the fundraising goal is achieved in the time allotted.
- 7.2 The total reimbursement period is 84 months (7 years).
- 7.3 The amount taken from the Project Starter’s account for repayment is the total amount of the loan divided by the number of months in the repayment schedule.
- 7.4 The LENDER has access to the repayment schedule proposed by the PROJECT STARTER in the PROJECT description.
- 7.5 The LENDER recognizes that he/she supports the the cause of the PROJECT STARTER. He/she recognizes the risk of non-repayment.
- 7.6 The BORROWER is committed to having a sufficient amount of funds on his/her bank account to assure repayment on the loan during the repayment period. In the eventual case of repayment difficulty, the BORROWER, must contact the PLATFORM to explain the difficulties and propose possible solutions. The PLATFORM will then contact lenders by email regarding the difficulties and the reason for a temporary suspension of payments. The BORROWERS are aware that in the case of any legal dispute regarding repayment, MOVE è fà ! will not be held responsible. In the worst case scenario, MOVE è fà ! will mark the recognition of the debt of the BORROWER on his/her profile. The recognition of this debt is handwritten, signed and dated by the BORROWER and the LENDER for the sum in question. It is the responsibility of the LENDER to eventually consider litigation in the case of default on this debt.
- The payment account of the LENDER will be reimbursed at every repayment for the sum total borrowed by the PROJECT STARTER. The BORROWER can then withdraw the sum on to his/her bank account once he/she has registered them on the website.
- 8.CANCELLATION OF PAYMENT AND WITHDRAWAL FROM A PAYMENT ACCOUNT :
- 8.1A LENDER cannot cancel a contribution in any case after the campaign has been launched. However, in special cases: he/she can cancel the contribution by sending a reasoned request to the platform that will liase with the PROJECT STARTER to accept it.
- 8.2 In the case of cancellation of a contribution, or the withdrawal of money from the payment account, the credit order will be initiated by the PAYMENT SYSTEM.
- 8.3 Cancellation demands for sums sent to a payment account are made by cancelling the transaction.
- 8.4 The withdrawal of any sum from a payment account can be made over 25 € without fees. Withdrawals from a CONTRIBUTOR account (reimbursement on a debit/credit account/ or transfers to other accounts) will be completed with a maximum delay of 15 calendar days.
- 9.REMUNERATION OF MOVE è fà !
- MOVE è fà ! takes commissions :
- 9.1 Tarifs DONS:
- Contributeurs : Aucun frais ne vous sera facturé au titre de l'utilisation des services de dons.
- Porteurs de projets Dons :
- 2% HT des montants collectés au cours de la campagne, qu’elle qu’en soit l’issue (même en cas d'échec) ;
- 8% HT (en cas de succès de la campagne) prélevés en déduction du montant collecté au moment du décaissement des fonds sur le compte bancaire de l’emprunteur.
- 9.2 Tarifs PRETS:
- Prêteurs : Aucun frais ne vous sera facturé au titre de l'utilisation des services de prêts.
- Porteurs de projets Prêts :
- 2% H.T. de l’objectif fixé lors de la mise en ligne du projet, conservés même s’il y a échec de la collecte afin de couvrir les frais de mise en ligne et de transactions financières
- 3,5% H.T. du montant récolté en cas de succès de la collecte
- *10.OPPOSITION OR CONTESTATION *
10.1In the case of unauthorized use of data, the USER OF A PAYMENT ACCOUNT must inform MOVE è fà ! in order to demand the blocking of the profile according to the terms and conditions of use issued by the PAYMENT SYSTEM LEMONWAY. This declaration must be done in any of the following ways:
Call the customer service hotline of the payment system: (+33) (0)6.58.30.93.19
- Email: contact@mipise.com
- Email: fraude@lemonway.fr
- It must be confirmed via a handwritten signed letter sent to the following addresses:
- MIPISE- 40 rue des ROISSYS- 92320 CHATILLON
- LEMONWAY-14 rue de la Beaune 93100 MONTREUIL
- In doing so, the sender will immediately execute the demand for opposition of the account concerned with the help of mediation by MIPISE. The event will be registered and date-stamped.
- *11.OUTCOME OF A PROJECT *
- 11.1 The definition of a PROJECT, its creation, its success or failure, as well as its financial and judicial organization are the sole responsibility of the PROJECT STARTER.
- 11.2 The realization of a project depends entirely on the gage and duration of a project’s FUNDRAISING CAMPAIGN. The PROJECT is considered a success once the FUNDRAISING GOAL if reached during the fundraising period.
- 11.3In the case of a PROJECT’s success: The contribution (loan amount) is transferred to the PROJECT STARTER’s PAYMENT ACCOUNT with a delay of 15 calendar days after the campaign ends.
- 11.4 In the case of PROJECT failure: If the fundraising goal is not reached during the campaign then the project will not be realized. MOVE È FÀ ! notifies all contributors by email about the project’s failure and gives instructions for reimbursement. It is important to take note of the following:
- •The conservation of the CONTRIBUTION on the PAYMENT ACCOUNT
- • The assignment of another project
- • The total or partial reimbursement of the sum given.
- 12.MOVE è fà ! Responsibilities
- 12.1 MOVE è fà ! intervenes directly or indirectly (as a platform with IFP status wishing to use its expertise) at the behest of PROJECT STARTERS. MOVE è fà ! acts as an intermediary expert in participatory finance, and its primary role is limited to connecting BORROWERS AND LENDERS. If a LENDER decides to consent to a loan, it is made clear that the legal relation created therein involves the LENDER and BORROWER directly. MOVE è fà ! is not part of the loan contract. The LOAN contract is consultable by every BORROWER in their personal account space once it has been approved. It cannot be modified and constitutes an official contract that both LENDERS and BORROWERS must respect and complete with the information demanded.
12.2 MOVE è fà ! gives web users a service that allows them to evaluate their financial ability to loan money. This confirms to rules imposed by the Monetary and Financial Code under article R.548-5.
12.3 The PROJECT (except in the case of partnership) is subject to analysis by MOVE è fà !. The analysis of the PROJECT is meant to examine the coherence of information given as well as evaluate the risk of non-repayment in the case of loans. MOVE è fà ! can refuse to publish a PROJECT without providing an explanation.
12.4MOVE è fà ! doesn’t guarantee the authenticity of information presented by a PROJECT STARTER, nor does it guarantee the success of a project, or the complete repayment.
12.5 The MOVE è fà ! platform is responsible for services and not results.
12.6 Even though MOVE è fà ! works hard to keep the website accessible at any moment, it cannot guarantee access all the time. For maintenance reasons, updates, and unexpected disruptions, access to the website may be interrupted at any moment.
12.7 MOVE è fà ! cannot be held responsible for any damages experienced by the user resulting from partial or complete disrespect of the terms and conditions issued here.
12.8 MOVE è fà ! cannot be held responsible regarding information or activity that takes place on the platform, if it did not have express knowledge of illicit characteristics(see article 4) or if at the moment it does acquire such knowledge MOVE è fà ! does not act with due diligence and remove data or make access impossible.
12.9 In any case MOVE è fà ! cannot be held responsible for direct of indirect damages, such as commercial prejudice, client loss, commercial trouble, partial loss of investment, loss of brand reputation or anything that may result in failed transactions or lack of service. Any action against a user is assimilated as an indirect prejudice, and does not have the right to reparations outside of a maximum sum of 100 euros.
12.10 MOVE è fà ! can cancel a fundraising campaign if it considers that the PROJECT STARTER does not respect the terms and conditions. In this situation, the contributions registered would be reimbursed, and the project starter will be unable to access the funds collected.
12.11 In accordance with article R548-5 of the Monetary and Financial Code, MOVE è fà ! provides users with the default rate registered by projects on the site over the course of the last 36 months. For the first 36 months of activity on MOVE è fà !, the default rate will be calculated from the start and reported each trimester thereafter.
12.12 It is to be noted that there is no tax status that applies to participatory finance. MOVE è fà ! will not be held responsible for the financial consequences of loans made or given on the site, and recommends that users obtain a legal consultation in order to study the situation.
13.BORROWER’S RESPONSIBILITIES - 13.1 THE BORROWER is held by contractual obligation to the lenders. He/She should assure that
- he/she knows their rights before publishing the PROJECT
- he/she has the ability to reimburse the totality of the operation in the case of failure.
13.2 THE BORROWER recognizes the statutes and limitations stipulated herein (paragraph 12) and understands the divisions of responsibilities in context and in the financial conditions encompassing the use of the platform’s service. 13.3 THE BORROWER recognizes that the content of the PROJECT, its presentation and its news is his/her responsibility, and that he/she must assur that the presentation of the project isn’t misleading for LENDERS.
An opposition number with a date stamp will be issued to the USER of the PAYMENT ACCOUNT. A written confirmation of this opposition will be addressed to the distributor of the USER PAYMENT ACCOUNT concerned, by email.
THE PAYMENT SYSTEM will then take charge of the portfolio for administrative purposes and will conserve all traces of the incident for a duration of 18 months. Under express written demand of the USER of the payment account and before the expiration of this delay (18 months) the PAYMENT SYSTEM will communicate a copy of the opposition.
Any demand of opposition must be confirmed by the USER of the PAYMENT ACCOUNT in question in the form of a signed recommended metter, or by email to the PAYMENT establishment or by addressing a letter to MIPISE.
THE PAYMENT SYSTEM and the Distributor will not be held responsible for the consequences of an opposition declared by email or mail that was not issued by the USER of the PAYMENT ACCOUNT himself.
An opposition demand is made on the date and hour of its reception by the Distributor. In the case of theft of fraudulent use of a user account, the PAYMENT SYSTEM has the ability to demand a copy or receipt of the official complaint issued to the USER OF THE PAYMENT ACCOUNT by the intermediary distributor. The Distributor is committed to responding quickly.
10.2 In the case of contestation of an operation made by credit/debit card on a PAYMENT ACCOUNT (contribution, cancellation, reimbursement), the USER OF THE PAYMENT ACCOUNT addresses the issue to MOVE è fà !. Any contestation of an operation should be addressed within a period of 13 months of the date of the original contested operation. The PAYMENT SYSTEM and Distributor would not, in any case, be responsible in the case of intentional or accidental error, or late transmission of an opposition, contestation or transaction made in bad faith by the USER OF THE PAYMENT ACCOUNT.
13.4 THE BORROWER recognizes that providing false, misleading, incomplete, or incorrect information will lead to consequences for MOVE È FÀ ! and its USERS and must assume full responsibility for the consequences resulting from omission or negligence in this regard.
13.5 THE BORROWER recognizes that in creating a PROJECT on the site, he/she commits to realizing the project if the fundraising campaign succeeds.
14.LOAN CONTRACT
14.1 A loan contract is available on the account of every BORROWER and every LENDER.
14.2 After carefully selecting a project and specifying the loan amount, the LENDER certifies his/her consent by signing these terms and conditions as well as a LOAN contract. The LOAN contract is then valid between the LENDER AND BORROWER.
14.3 A copy of the LOAN contract signed by the LENDER can be sent to the BORROWER in a mailed envelope or by mail for small fee of 2€ charged directly to the USER’s account.
15.PERSONAL DATA
15.1 The primary data collected and treated by MOVE è fà ! are those of the USER. The USER transmits this information voluntarily during the signup process.
15.2 THE USER of the service is committed to providing up-to-date information and to inform MIPISE if any modification must be made by sending an email to contact@move.corsica and by modifying the information on the USER account.
15.3 The documents collected are the object of a CNIL declaration registered under number*** in accordance with Law 78-17 of January 6th, 1978 on computers files, documents and liberties. In accordance with articles 38 and those that follow within the law cited above, the web user that has submitted a registration form to signup has the right to information, opposition, access and correction of all data that concerns him/her. This right may be exercised by addressing a simple letter to the headquarters indicated on the platform or by emailing: contact@mipise.com and indicating last name, first name, date and location of birth, postal address, email address and user profile information. 15.4 MOVE è fà ! or the PROJECT STARTER have the ability to use emails of contributors for reasons related to the project for which they are raising funds.
15.5 MOVE è fà ! can address emails to USERS for "prospection." That being said, the USER has the ability to oppose the use of his/her contact information after the data has been collected and use for “prospecting,” without incurring fees (outside of those related to expressing refusal).
15.6 None of the information transmitted by the USER during the signup process is visible to other USERS. This information is protected by the USER who has a password so that ONLY the USER can access personal information other than that of his/her name, and the amount donated/lent.
15.7 The USER’s password is personal and confidential and only visible to the USER of the MIPISE service. The USER commits to conserve the password and not to divulge it under any circumstance. He/she assumes the responsibility of its use by any other persons for transactions. Generally, only the USER is responsible for the use and protection of the account and password he/she has created.
15.8 Neither MOVE è fà ! nor PROJECT STARTERS will ask a USER for a password by phone call or unsolicited email. The USER should remember to disconnect from the platform at the end of a work session. He/She can thus avoid others using the personal data registered on the platform in the case of a shared, professional or public computer.
15.9 This site uses cookies. Cookies are small text files with ID tags that are stored on your computer's browser directory or program data subfolders. Cookies are created when you use your browser to visit our website. This site uses cookies to keep track of your movements within the site, help you resume where you left off, remember your registered login, theme selection, preferences, and other customization functions.
16.DELETING AN ACCOUNT16.1 When a USER is not actively participating in a campaign as either a PROJECT STARTER or CONTRIBUTOR, he/she can close their USER account at any time. If the user is participating in an operation, he/she will have to wait until the end of the fundraising campaign in order to be able to delete the account. Deleting an account will lead to the reimbursement of funds donated on the USER PAYMENT ACCOUNT, in the case of campaign failure.
16.2 In order to delete an account, USERS need to send an email indicating a desire to close the account. It is important to attach your bank information (RIB) to this email if you have an outstanding amount on your PAYMENT ACCOUNT on the site. Within 30 days, a confirmation email will be sent confirming the account’s deletion, and complete reimbursement of funds from the PAYMENT ACCOUNT to the USER’s personal bank account.
17.MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF THE PLATFORM17.1 MOVE È FÀ reserves the right to unilaterally modify the terms and conditions without notice to account for any extensions or ameliorations made to the platform.
17.2 It is the USER’s responsibility to read the General Terms and Conditions when he/she makes a CONTRIBUTION. Any use of the SERVICE constitutes acceptance of the most recent version of the General Terms and Conditions.
17.3 In the case of significant modifications to the present General Terms and Conditions, the new conditions will go into effect one month after their publication on the MOVE è fà ! website.
18.INTELLECTUAL PROPERTY
The MOVE è fà ! website is an intellectual work protected by intellectual property laws. The brand, commercial name, and logo of MOVE è fà ! as well as the entirety of the website, its organisation (site composition), its presentation (graphic design and layout) and each element that its is composed of such as software, programs, javascripts, database, text, video, photographs, sounds, music, drawings, scripts etc. are the exclusive property of MOVE è fà ! and only MOVE è fà ! has the right to use the copyrights attached to its content. Any reproduction, modification, be it partial or complete, of the site MOVE è fà ! or of any of its elements on any platform or media, for any use other than private or personal is expressly prohibited, unless the party has obtained express written consent from the company. Any copyright demands can be addressed to MOVE è fà ! – 21B rue César Campinchi 20200 Bastia.
19.DURATIONThe General terms and conditions are applicable for an indefinite period.20.DETERMINATION OF THE APPLICABLE LAW
20.1 It is expressly stipulated that the general conditions are managed by French law.
20.2 Any litigation that comes from the present contract will be submitted to proper french tribunals.
21.LEGAL NOTICE
21.1 The editor of the website MOVE è fà !: The website MOVE è fà ! is edited by MOVE è fà !, a joint-stock company registered under French law with a capital of 10,000 €, with headquarters at 21B rue César Campinchi 20200 Bastia and registered with the Paris Trade and Companies Register under the number RCS 824 078 265 in Bastia.
21.2MOVE è fà ! has a signed contract with MIPISE company to use its services. SAS MIPISE a joint-stock company registered under French law with a capital of 318,120€, with headquarters at 40 Rue des ROISSYS 92320 Châtillon - France.
www.Mipise.com