Edited by IBANEO SAS, 12 RUE DE L’ISLY 75008
1. GENERAL PROVISIONS
Access to and/or use of the IBANEO Platform implies strict compliance with any and all the provisions set forth herein and unreserved acceptance thereof. These ToU set out the contractual relationship between IBANEO and the user who accesses the IBANEO Platform, as well as the client, natural person or legal entity acting in the framework of his professional activity, having previously registered and created an account on the IBANEO Platform (hereinafter referred to as the "Client").
In the interest of simplicity and easier reading, the generic masculine is used throughout this document to designate both genders without bias.
The Client and the IBANEO Platform Platform are bound by this contract for an indefinite period of time, as from the use of the IBANEO Platform by the Client.
IBANEO SAS reserves the unlimited right to modify the IBANEO Platform as well as these ToU at any moment and at its sole discretion, or to supplement these ToU by additional new contractual provisions. Clients are therefore strongly advised to regularly review these ToU in order to take cognisance of the latest updated version in force.
Should the Client not accept all or part of these ToU, he shall no longer have access to the IBANEO Platform and shall renounce any use thereof. A notification e-mail shall be automatically generated to advise the Client of such inaccessibility.
Access to the payment services available on the IBANEO Platform is possible subject to prior acceptance by the Client of the payment and electronic money service provided by EASYTRANSAC, agent of MANGOPAY, limited liability company registered in Luxemburg under nº B173456 headquartered at 59 boulevard Royal, L-2449 Luxemburg, and acting as an electronic money institution authorised and approved by regulatory authority CSSF.
2. PRESENTATION OF IBANEO SERVICES, AGREEMENT AND RIGHT OF WITHDRAWAL
The present ToU shall be supplemented by Special Conditions and Fees Terms agreed upon by both the Client and IBANEO.
By subscribing to the IBANEO offer, you hereby represent and warrant that you agree to receive these ToU at the e-mail address you have provided when you registered on the IBANEO Platform and that by signing these ToU electronically you fully accept them.
You hereby agree to these special electronic signature conditions annexed hereto. You may request at any moment to receive these terms by post, either directly from your personal Client terminal or by contacting our Customer Service department.
As soon as your electronic signature of acceptance of these ToU is registered in our system, you are entitled to a withdrawal period of 14 days from the validation date. You may exercise this right of withdrawal by written notice which you may provide either directly from your Client terminal or by registered post with acknowledgment of receipt.
This right of withdrawal shall automatically entail the closure of your account, without prejudice to ongoing operations. If such be the case, should your account stand at a positive balance, the remaining balance in your account shall be fully refunded to you within the 2 months following the date of withdrawal.
You shall return your Visa Debit card(s) or destroy it/them and provide proof thereof.
2.1 ELIGIBILITY REQUIREMENTS TO OPEN A BANK ACCOUNT
Prior to opening your account and issuing a card on your behalf, the following supporting documents are required:
• Valid photo ID;
• Proof of residence issued in the last three months;
• Certificate of Incorporation of your company.
Furthermore, we may also carry out electronic backgrounds checks on your identity and transaction history in order to maintain the security of the platform and exchanges.
2.2 USE OF YOUR BANK ACCOUNT
You may deposit funds into your account by wire transfer from a bank account, or any other supported payment method as indicated in your online account terminal from time to time. You may not deposit funds into your account via balance transfer from a credit card. You may only deposit funds up to your maximum account balance.
We reserve the right to reject any particular payment in case of suspected or proven fraudulent activity, or in the event of otherwise exceptional circumstances.
The funds shall be available for use on your account as soon as we receive your deposit. However, in certain cases it may take up to 3 business days for the funds to reach your account; this may occur when confirmation of the transaction with the sending bank is required.
2.3 MANAGING YOUR BANK ACCOUNT
You can check your account balance at your convenience by logging into your account terminal in all security via our mobile app or through our website (www.ibaneo.eu). Your statement shall indicate the following information:
• Information on the beneficiary of each transaction;
• The transaction amount;
• The amount of fees applied to each transaction; and
• The date on which the transaction is authorised or displayed in the account.
You have the possibility to clear the balance on your account by making payments, ATM withdrawals, or wire transfers to other bank accounts. Applicable fees for such operations are detailed in the Fees and Limits table hereinafter.
You may alternatively request the reimbursement of the funds in your account by contacting our Customer Service department and confirming that you have cut up and destroyed your card. We shall transfer your funds back to you at no cost, except in the following cases:
• You request to be refunded before the termination or expiry of this Agreement;
• You terminate this Agreement before the predetermined termination or expiry date; or
• You request to be refunded over a year after the termination or expiry of this Agreement.
Should one of these situations apply, we shall charge you a redemption fee as detailed in the Fees and Limits table hereinafter.
You shall not be entitled to any reimbursement of any funds remaining in your account if you file your claim for refund more than 2 years after date of termination or expiry of this Agreement.
All funds shall be reimbursed to the bank account of your choosing. We reserve the right to request proof of your ownership of the bank account before carrying out the transfer of funds to the said bank account. In order to comply with our legal obligations, we may require that you provide us with certain supporting documents such as official photo identification before we can process your request.
2.5 CHANGES IN PERSONAL INFORMATION
Should you make any changes in your personal details such as your name, address, telephone number, mobile number or e-mail address, please notify us thereof immediately either directly through your Client terminal or by contacting our Customer Service department by e-mail at email@example.com or by phone at xxxxxxxxxxxx.
Should we need to contact you regarding your account, we shall use the most recent contact information you have provided.
Any e-mail or SMS forwarded to you shall be deemed received as soon as it is sent. We shall in no manner be liable to you in the case that you have failed to update your contact information in a timely manner, which is the sole responsibility of the Client.
We decline any and all liability to you in the case that your contact information has changed and you have failed to notify us thereof.
2.6 BANK ACCOUNT INTERRUPTIONS
The use of your card or account may be interrupted from time to time when we carry out systems maintenance and updates. Such system updates shall be carried out on a regular basis in order for us to optimise our system and your Client experience. If such be the case, you may not have the possibility to (a) make purchases with your card or cash withdrawals from ATMs and/or (b) check your account balance and/or view the details of your recent transactions.
Furthermore, as may be the case with other payment cards, we cannot guarantee that a vendor will accept your card or that we will automatically authorise any specific transaction. This may be due to a systems issue, to the occurrence of an event beyond our reasonable control, to legal and regulatory requirements, or due to the suspension, restriction or cancellation of your card or if we oppose the replacement thereof in accordance with the provisions set out herein.
ACCOUNT OR PAYMENT ACCOUNT: account held by MANGOPAY on behalf of a Client via the IBANEO Platform, used for the purpose of executing Payment Transactions.
CLIENT: the Internet user who accesses the IBANEO Platform, natural person or legal entity acting in the framework of his professional activity, having previously registered and created an account on the IBANEO Platform.
EASYTRANSAC: simplified stock company registered at the French RCS in Strasburg under nº 809 285 851 00014, headquartered at 28A rue des Sœurs, 67400 Illkirch-Graffenstaden, France. EASYTRANSAC acts as co-editor of IBANEO Platform.
IBANEO PLATFORM: online payment services platform available at www.ibaneo.eu, belonging to IBANEO SAS.
IBANEO SAS: company registered under SIRET Nº 83429483700010, headquartered at 12 rue le de l’Isly, 75008 Paris, France, editor of the IBANEO Platform.
MANGOPAY: limited liability company incorporated in Luxemburg and registered under nº B173456, headquartered at 59 boulevard Royal, L-2449 Luxemburg, acting as an electronic money institution authorised and approved by regulatory authority CSSF.
PAYMENT TRANSACTION: payment order executed by IBANEO SAS, agent of MANGOPAY, via the IBANEO Platform on behalf of a Client and debited from a Payment Account on the IBANEO Platform, pursuant to paragraphs 3 and 5 of Article L.3145-1.I of the French monetary and financial code.
3.1 INTELLECTUAL PROPERTY
Any reproduction, whether in full or in part, is systematically subject to authorisation by IBANEO SAS.
Any and all text, images, sketches, layouts, visual identity and graphic guidelines of the IBANEO Platform are protected under intellectual property law.
Copying, extracting, distributing or modifying the content of the IBANEO Platform for commercial purposes is strictly prohibited. Downloading and printing text, images and graphics is permitted for private and non-commercial use only. Reproducing drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of IBANEO SAS.
Absence of authorisation shall be deemed an act of copyright infringement and penalised as such.
All trademarks and logos displayed on the IBANEO Platform are generally registered and protected trademarks.
Total or partial reproduction of such trademarks and/or logos displayed on the IBANEO Platform, generated from elements of the IBANEO Platform without the express prior consent of IBANEO SAS shall be deemed an act of copyright infringement punishable under European intellectual property law.
Databases established by the IBANEO Platform are protected by copyright law and Intellectual Property regarding the legal protection of databases.
Unless otherwise permitted in writing by IBANEO SAS, any reproduction, representation, adaptation, translation and/or modification, in whole or in part, and any substantial qualitative or quantitative extraction to another platform is prohibited and penalised by European intellectual property law.
3.4 COPYRIGHT AND IMAGE RIGHTS LICENSING
When publishing content on the IBANEO Platform, the Client automatically grants IBANEO SAS an operating licence on the said content for management purposes of the IBANEO Platform, from any location in the world and for the duration required for the management of his account.
The Client hereby declares that the granted operating licence does not violate the rights of third parties and is not subject to any claim.
The Client warrants IBANEO SAS against any claims of any kind in connection with the ownership of the granted licence, be it in respect of intellectual property rights or image rights or unfair competition or parasitism, and undertakes to reimburse IBANEO SAS any sums to which it would be condemned in this respect.
3.5 LIABILITY OF IBANEO SAS / EASYTRANSAC / MANGOPAY
IBANEO SAS, EASYTRANSAC and MANGOPAY deploy their best efforts to ensure the proper functioning of the IBANEO Platform and services therein, within the limitations of liability as laid down hereunder.
3.6 ACCESS TO THE IBANEO PLATFORM
The IBANEO Platform is accessible 24 hours a day and 7 days a week. However, IBANEO SAS and EASYTRANSAC disclaim all liability in the following cases, including without limitation:
• Temporary interruption of the IBANEO Platform due to technical maintenance operations or updates of published information;
• Temporary inaccessibility of the IBANEO Platform (and/or related websites and applications) due to technical incidents, regardless of their origin;
• Network unavailability or network overload, or any other cause preventing the proper functioning of the mobile network or WIFI or any other means used to access the IBANEO Platform;
• Contamination by potential computer viruses circulating on the network;
• Any damages caused to the Client, regardless of their nature, arising as a result of access to or use of the IBANEO Platform (and/or related websites or applications);
• Abnormal or unlawful exploitation of the IBANEO Platform;
• The Client loses his login ID and/or password, or in case of theft of his identity.
3.7 PUBLIC CONTENT
In spite of best efforts deployed in the creation, maintenance and updates of the IBANEO Platform, IBANEO SAS provides no guarantee, whether express or implicit, as to the information contained in the IBANEO Platform published online by the Client, which is distributed and published under the exclusive responsibility of the Client.
Subsequently, IBANEO SAS shall not be held liable for any direct or indirect damage resulting from any errors, inaccuracies or omissions of the information contained in the IBANEO Platform.
3.8 FORCE MAJEURE
IBANEO SAS shall not be held liable nor deemed to have failed to comply with these ToU for any delay or non-performance, when the cause of delay or non-performance is associated with a case of force majeure as defined by the jurisprudence of European courts of law, including interruption, suspension, reduction or disruption of electricity or other means or interruptions of electronic communications networks or due to circumstances beyond its control.
3.9 IBANEO SAS INTERVENTION
IBANEO SAS reserves the right to modify the present ToU at any moment and at its sole discretion, particularly in the event of technical, legal or jurisprudential developments or in the framework of integration of new services.
4. CLIENT RIGHTS AND RESPONSIBILITIES
The use of the IBANEO Platform remains under the entire and exclusive responsibility of the Client.
The Client is solely responsible for all information he submits via the IBANEO Platform.
In case of abnormal use or unlawful exploitation of the IBANEO Platform, the Client shall be exclusively liable for any damages caused to third parties, to the IBANEO Platform or to its related services, and for the results of any claim or action that may arise therefrom.
The Client also waives any right to institute proceedings against IBANEO SAS in the event of legal action taken by a third party against him as a result of unlawful use and/or unlawful exploitation of the IBANEO Platform.
In general terms, the Client undertakes to comply with all European regulations in force.
The Client undertakes not to use the IBANEO Platform to:
• Act in any discriminatory manner of any nature that is in violation of the privacy of any third party of the representation of persons, defamatory, corrupt the automated data processing system, or any act that would otherwise be deemed unlawful or against the protection of human rights and copyright, respect for other users and persons;
• Create several accounts by usurping the identity of a third party;
• Transmit any element containing computer viruses or any code, file or computer program with the purpose of engaging, whether fully or in part, in fraudulent activity, regardless of its nature or form;
• Publish, transmit, share, store or otherwise make available any content that glorifies, incites or aims to organise and/or commit a criminally reprehensible offense, or otherwise violates the rights of any third party, which in the case of a legal person, regardless of its legal form, is likely to involve its liability, regardless of the jurisdiction on which it depends.
The Client bears full responsibility and accountability for any data or content that he provides, incorporates or transmits through in the IBANEO Platform. All actions taken of any kind through the IBANEO platform shall be exclusively on the Client’s own accord.
Any content that may be offensive or illegal shall entail the immediate closure of the account of the said Client, against whom IBANEO SAS may institute legal proceedings at its sole discretion.
The IBANEO account opened by the Client shall be closed or suspended in the case of suspected or proven fraudulent activity, such as any attempts of fraud, usurpation, identity theft or unlawful operations, which could give rise to an undisputable compensation of 25000€, at the sole discretion of IBANEO SAS and without prejudice to other legal actions.
This list is indicative and not exhaustive.
4.3 ACCESS MODALITIES AND PERSONAL DATA SECURITY
It is the duty and the responsibility of all Clients to take all appropriate measures to protect his own data and/or software stored on his mobile devices or computer equipment against any attack.
The Client undertakes to take all appropriate measures to protect his own data and/or software which shall have been properly installed in order to prevent any such attacks, regardless of their nature or form.
Use of the IBANEO Platform services is only possible upon opening an account and providing all required supporting documents. As soon as all security checks have been carried out, the Client shall have access to his personal Client terminal by means of a login ID and a password.
The Client has the right to access and rectify (subsequent supporting documents may be requested) any and all of his personal data hosted on the IBANEO Platform.
It is the sole responsibility of the Client to maintain his password personal and confidential. The Client undertakes not to disclose his password to any third party.
The Client undertakes to immediately notify the IBANEO Platform in the event of loss or theft of his login details in order for the necessary and appropriate security and control measures to be taken so as to prevent any fraudulent use of the Client’s account.
In the case that the Client fails to notify the IBANEO Platform thereof, any login activity or transmission of any orders or data by means of these login details and password previously defined by the Client shall be deemed to originate from the Client and shall fall under his sole responsibility.
The Client is requested to submit all claims regarding his password to firstname.lastname@example.org in order for the issue to be processed and handled accordingly.
4.4 USER ACCOUNT PERSONAL DATA
Any and all Clients of the IBANEO Platform are required to provide specific personal information (surname, first name, email address, telephone number, etc.) in order for the IBANEO Platform to confirm his identity, or simply to guarantee his sole access to his personal information.
The Client has the right to oppose, access, and rectify all data that concerns him. In order to exercise these rights of access and rectification, the Client is required to contact the IBANEO Platform via email at email@example.com and provide a copy of his valid photo ID.
The information collected is intended for the management of the Client's IBANEO account and to forward commercial offers, to which the Client shall be given the option to accept or decline receiving such offers upon electronically signing these ToU.
The IBANEO Platform stores the Client's data for a period of 12 months after the IBANEO account has been closed.
All mandatory fields in the personal data collection forms are marked with an asterisk.
Personal data is accessible to authorised personnel only.
In the forms for collecting personal data, the Client shall be specifically informed of: (i) the identity of the data controller, (ii) his rights to personal data, (iii) the recipients, (iv) the purpose of the processing, (v) the storage periods and (vi) the mandatory or optional nature of his replies.
Commercial electronic prospecting that IBANEO SAS is likely submit to the Client meets the following prerequisites:
• By communicating his personal data, the Client has expressed his consent and acknowledges having been informed of the opportunity to oppose at no costs any commercial use of his contact details;
• The object of solicitation relates to the professional positions held by the message recipient.
In addition to these ToU, the Client unreservedly undertakes to abide by the terms and conditions of all platforms and related third-party applications enabling access to the IBANEO Platform, regardless of their nature or form, used for user-experience optimisation purposes.
5.1 APPLE STORE
Any Client who accesses the IBANEO Platform via the App Store hereby declares and confirms his prior full understanding and acceptance of the Apple Media Terms and Conditions in their latest updated version and undertakes to comply therewith.
5.2 GOOGLE PLAYSTORE
Any Client who accesses the IBANEO Platform via Google Play hereby declares and confirms his prior full understanding and acceptance of the Google Play Terms and Conditions in their latest updated version and undertakes to comply therewith.
6. IBANEO / EASYTRANSAC / MANGOPAY
IBANEO SAS acts as an agent of electronic money institution MANGOPAY on behalf of the IBANEO Platform.
Client personal data processing is strictly limited to the sole purpose of providing the Payment Services.
Any Client who wishes to access Payment Services available on the IBANEO Platform is required to take full cognisance and unreservedly accept the terms and conditions of MANGOPAY, accessible at https://www.mangopay.com/terms/Mangopay_Terms-FR.pdf/.
The purpose of IBANEO’s Terms and Conditions is to govern the terms and conditions of use of the Payment Services provided by MANGOPAY SA in exchange for payment by the Client of service fees as detailed in the relevant section on the Platform, namely the conditions to open, operate and close the Payment Account.
Any eligible Client may submit a request via the IBANEO Platform to open a Payment Account for the purpose of execution of Payment Transactions.
In the case this request is approved by the IBANEO Platform, the Client then becomes the holder of a Payment Account serving exclusively for Payment Services.
MANGOPAY is in charge of the following Payment Operations:
• Crediting the Payment Account following the reception of a bank transfer order;
• Crediting the Payment Account following the reception of a direct debit order;
• Debit of the Payment Account following the execution of a bank transfer;
• Debit of the Payment Account following the execution of a direct debit order.
The IBANEO Platform accepts neither cash deposits nor cheque deposits and offers no payment services other than those specifically described in its General and Special Terms and Conditions, previously accepted online by the Client.
7. HYPERLINKS AND REDIRECTION
The use of hypertext links may redirect the Client to other third-party websites or applications that are independent from the IBANEO Platform and its Editor IBANEO SAS, who as a result disclaim any and all liability.
Inserting hypertext links towards all or part of the IBANEO Platform is authorised on a non-exclusive basis and revocable at any time without IBANEO SAS having to provide any justification thereof.
Such tolerance towards the use of hypertext links shall be immediately revoked in the case that it entails any form of nuisance towards the IBANEO Platform and IBANEO SAS and lest such hyperlinks be misleading, derogatory, or cause harm to the IBANEO Platform and IBANEO SAS, or otherwise alter its services through technical slowdowns or any other problem that may arise as a result of the insertion of such links by the Client.
Pursuant to this tolerance, IBANEO SAS also reserves the right to oppose.
IBANEO SAS declines all liability regarding any prejudice, regardless of its nature, which may arise as a result of access or use of information from third-party websites.
The provisions herein are entirely and irrevocably independent from one another. Should one or several of the provisions of these ToU be deemed invalid or unenforceable for any reason, the said provision(s) shall be declared null and void; the remaining stipulations shall remain enforceable to their fullest extent.
9. APPLICABLE LAW AND JURISDICTION
The present ToU were officially drafted in the French language.
In the event of any discrepancy, inconsistency or conflict between the French version and any other available translated versions, the French version shall prevail.
These ToU shall be governed, construed and executed exclusively in accordance with European law.
By accepting these ToU, the Client hereby represents and warrants that he is neither an American nor a Canadian citizen, nor a tax resident of either of these two countries. The provision of incorrect information by the Client as to this prerequisite during registration via the contact form shall constitute grounds for immediate unconditional cancellation and without prior notice thereof.
Any dispute that may arise as a result of the interpretation and/execution thereof shall be submitted to the exclusive evaluation of competent Courts, notwithstanding defendants’ plurality or an appeal in guarantee.
10. CLAIMS / MEDIATION
All claims concerning IBANEO services shall be addressed as follows:
• Via the online contact form;
• By e-mail at firstname.lastname@example.org;
• By registered post with acknowledgment of receipt at the following address: IBANEO SAS, 12 rue de l’Isly, 75008 Paris, France.