Preamble

These Terms of use, completed by the general terms and conditions of use of the electronic money service offered by the Service Provider (as defined below) and reproduced in the Appendix, are concluded between TRIPARTIE, a simplified joint-stock company with a capital of 11,199.20 euros, which headquarter is 229, rue Solférino – 59000 Lille, France, registered to the Lille Métropole Trade and Companies Register under the number 838 459 733 (hereinafter referred to as “TRIPARTIE“) and any natural or legal person using the Services as a Buyer, Seller or User (as these terms are defined below), hereinafter collectively names the “Parties“.

It is specified that the Services offered by TRIPARTIE are intended to secure payments relating to (i) sales of goods between individuals and (ii) services provided by self-employed persons or small businesses. TRIPARTIE does not exercise any control over the quality and the conformity of the Objects of the Transaction and services exchanged by the Users, and declines all responsibility in case of a dispute between the Buyer and the Seller. TRIPARTIE offers an amicable dispute resolution procedure, however any civil or commercial dispute relating to the aforementioned transactions will be the sole business of the Buyer and the Seller.

These Terms of use are a translation of the French version Terms of Use. Only the French version is valid in case of a dispute, the present version of the Terms of use having only an indicative value.


Article 1 – Definitions and interpretation

For the purposes of these Terms of use, the following words and expressions shall have the following meanings when they are spelled with a capital letter, whether used in the plural or in the singular form:

Buyer

means cumulatively (i) any natural or legal person who holds a Personal Account (ii) who acquires the Object of the Transaction and (iii) uses the Services to secure the payment related to the Transaction.

Co-contracting Party

Data

means either the Buyer or the Seller, depending on the quality of the other party to the Transaction.

means any information relating to the User that identifies the User, such as his name and first name, postal address(es), e-mail address(es), telephone number(s), identification proof, information on the technical equipment used, cookies, connection data and navigation data when the User authorizes it, banking data when the User allows it, order history, subscription information, and communication campaigns.

Electronic Currency

means the monetary value issued by the Provider against the money remittance of the Users and stored on the Electronic Purses.

Electronic Purse

means the technical account opened by the Service Provider in the name of the User on which the Electronic Currency units issued or received are stored. The creation of an Electronic Purse is justified by the need to protect the funds collected through the Web Site.

Haulage contractor

means the company in charge of transporting and delivering the Object of the Transaction.

Inspection Period

means the duration , expressed in calendar day(s), and determined by a joint agreement between the Buyer and the Seller at the beginning of the Transaction, allowing the Purchaser to verify the conformity of the Object of the Transaction before the ring-faced prices is paid to the Seller. This period equals seven (7) calendar days if the Object of the Transaction is a material good and fourteen (14) calendar days if the Object of the Transaction is a service. The Inspection Period begins upon receipt of the Object of the Transaction by the Buyer and expires on the last day at 23:59 UTC (Coordinated Universal Time). In the case of hand-deliveries of the Object of the Transaction, no deadline will have to be respected. TRIPARTIE reserves the right to extend the Inspection Period, especially in case of difficulty related to the delivery of the Object of the Transaction.

Mobile Application

means the Mobile Application developed and operated by TRIPARTIE, downloadable from the “Google Play Store” and the “Apple App Store” and giving access to the Services.

Object of the Transaction

means a physical good and / or a provision of services subject to a Transaction between a Buyer and a Seller.

Personal Account

means the online space accessible from the Web Site or the Mobile Application requiring authentication with the unique identifiers of each User.

PIN

means a four (4) digit code created by the User. The PIN will allow the latter to use the Mobile Application Services and will be requested for each Sensitive Action.

Price

means the Price of the Object of the Transaction.

Request

means the request made by a User to a Buyer, Seller or Third Party for the purpose of performing a Transaction using the Services.

Return

means the procedure to return to the Seller the Object of the Transaction, introduced by the Buyer due to non-conformity or poor quality of the Object of the Transaction, as a result of a shipment by postal parcel of the Object of the Transaction.

Ring-fencing or Ring-fenced

means the Ring-fencing of the amount of funds and the amount of fees for using the Services related to a Transaction on a Ring-fencing account of electronic money of the Service Provider in order to secure the said Transaction.

Seller

means cumulatively (i) any natural or legal person holding a Personal Account (ii) wishing to transfer the Object of the Transaction and (iii) using the Services to secure the payment related to the Transaction.

Service Provider

means MANGOPAY SA, a public limited company under Luxembourg law, with a capital of 2,000,000 euros, whose head office is 10, Boulevard Royal – L-2449 Luxembourg and registered in the Luxembourg Trade and Companies Register under the number B173459, authorized to operate in France in free establishment as an electronic money institution approved by the Financial Sector Supervisory Commission, 283 route d’Arlon L-1150 Luxembourg, or any other payment service provider with which TRIPARTIE has developed partnership.

Services

means the services offered by TRIPARTIE to the Users via the Mobile Application and / or the Web Site.

Shares

means all the actions of the User performed while using the Services.

Silence

means the absence of Action by a User, including (i) the fact that the Buyer does not confirm or invalidate the quality and / or conformity of the Object of the Transaction before the expiry of the Inspection Period, and (ii) the fact that the Seller does not confirm or invalidate the quality and / or the conformity of the Object of the Transaction following a Return.

Sponsored Party

User Fees

means any new User of the Mobile Application and / or the Site sponsored by a User as part of the sponsorship procedure described below.

means the commission due to TRIPARTIE for any use of the Services by the User.

Third Party

means any person who does not have a Personal Account and who is likely to use the Services.

Total Amount

means the total cost of a Transaction, expressed in the currency chosen by the Buyer and the Seller, and including (i) the Object of the Transaction Price and (ii) the fees for the use of the Services.

Transaction

means the securing procedure for the payment of the Object of the Transaction made by the Users via the Services.

User

means any legal or natural person who uses the Services as a Buyer or Seller for the purpose of securing the transfer of the Object of the Transaction.

User information

means the confidential and unique connection data of any User, consisting of a username (email address and / or mobile number) and a Pin code, allowing the access to the Services.

Web Site

means the website operated by TRIPARTIE and accessible at the following address: http://tripartie.com


Article 2 – Field of application and opposability

Any natural person wishing to use the Services must be over the age of the majority, capable and acting in his own name. Any legal entity wishing to use the Services must be capable and act in its corporate name. The responsibility of TRIPARTIE cannot, in any case, be engaged in case of misuse of the Web Site and / or the Application by a minor or incapable User within the meaning of the French legislation.

By going on the Web Site and / or on the Mobile Application to use the Services, the User acknowledges having read the Terms in their entirety and accept them without reservation, as well as their application to any use of the Web Site and / or the Mobile Application. These Terms are enforceable from their acceptance during the creation by the User of his Personal Account.

The Terms of Use may be amended at any time, without notice, particularly as a result of changes of the Web Site and / or the Mobile Application or changes in the applicable regulations. Any new version of the Terms will be immediately applicable and enforceable against Users. The User is invited to regularly consult the latest version of the Terms of Use, accessible on the homepage of the Site.

The User who does not wish that his contractual relations with the Web Site are governed by the new Terms will have to stop using the Services.


Article 3 – Descriptions of the services

The Services allow Users to secure the transfer of funds relating to the Purpose of the Transaction, in particular through the Ring-fencing and the User grading system.

The Total Amount is collected via the Web Site and / or the Mobile Application and is then secured by the Service Provider. The funds are paid to the Seller (i) only after validation by the Buyer during the Inspection Period, under his sole responsibility, or (ii) at the end of the Inspection Period, in case of Silence of the Buyer.

The Services operate via the opening of Electronic Purses, provided by the Service Provider, in accordance with the banking and financial regulations in force.


Article 4 – Access to the services

4.1 Cookies

By accessing the Web Site, the User is informed that cookies may be used, subject to his express and prior consent given at the moment of the creation of his Personal Account, in order to personalize Services and to measure the audience of the Web Site.

Cookies do not identify the User but allow to record information relating to the navigation of the User on the Web Site, including the date and time of consultation, the sections and contents visited.

4.2 Personal Account creation

The User can access the Services via the Mobile Application or from the Web Site, after creating a Personal Account.

The creation of a Personal Account requires the following equipment:

  • a way of connection to the Internet (mobile phone, computer, tablet)

  • an Internet connection,

  • a valid email address, and

  • a mobile phone to receive messages.

The User must hold a bank account opened with a credit institution and have all the rights necessary for its operation, especially in case of joint account.

By registering a payment method such as credit card, Maestro, Diners and / or Bancontact, the User accepts that a pre-authorization of an amount of one (1) euro is made by TRIPARTIE and the Service Provider in order to activate the said method of payment.

The User natural person must be over the age of the majority to access the Services.

When creating his Personal Account, the User must enter a secret PIN. The User agrees to keep it and to take all the necessary precautions to preserve its confidentiality. TRIPARTIE can in no way be held responsible for the loss or unreasonable communication by the User of his PIN.

4.3 User identification

The creation of a Personal Account requires the following information, which the User declares on his honour to be accurate and accepts that it is used to prove his identity:

  • surname, first name, date and country of birth,

  • Residence address,

  • email address and mobile number,

  • password (giving access to the Personal Account), and

  • PIN

The User may transfer funds from his Electronic Wallet to a personal bank account.

This transfer can be operated by:

  • The Seller who wishes to transfer the Ring-fenced funds corresponding to the Price of the Object of the Transaction to his personal bank account;

  • The Buyer who wishes to recover the Ring-fenced funds in case of cancellation of the Transaction for any reason whatsoever.

Every transfer is conditioned, from the first euro, to the communication of the listed information in this article 4.3 “User Identification” by the User in question.

In the absence of communication of such information, no transfer of funds may take place from the Electronic Purse of the User.

The User agrees to create only one Personal Account for his own utilisation.

TRIPARTIE and the Service Provider reserve the right to request at any time additional information or documents to comply with applicable regulations to combat money laundering and terrorist financing.

4.4 Access and use of the Personal Account

Access to the Personal Account is protected by a password that only the User knows. The User is responsible for the confidentiality of his username, so that TRIPARTIE cannot be held liable in case of fraudulent connection.

The User undertakes to immediately notify TRIPARTIE of any fraudulent connection on his Personal Account. The latter may be subject to temporary suspension or permanent cancellation.

In order to make transfers between his personal bank account and his Electronic Purse, the User must enter his RIB bank details (IBAN + BIC + Name of the account holder) in his Personal Account.

The User acting as a Buyer and having other means of payment, must provide the necessary information relating to the said payment methods, in order to proceed to the payment.


Article 5 – Execution of services

5.1 Request of a Transaction

The User has the faculty to make, from his Personal Account, a Request to make a new Transaction.

In order to do this, the User is invited to ask his co-contractor for his email address and / or his mobile phone number. He then informs the information relating to the proposed transaction requested by TRIPARTIE:

  • Price,

  • Currency used for payment of the Transaction,

  • Telephone number or email address of the other party,

  • Choice of the type of the Object of the Transaction (physical property or provision of services),

  • Designation of the Object of the Transaction (descriptive free field),

  • Mode of delivery of the Object of the Transaction (delivery by hand or sending by parcel),

  • Desired distribution of User Fees, and

  • If the User acts as Buyer, the desired method of payment.

When the Request is complete, it is sent to the other party who has the option of accepting it, rejecting it or making a modification request, if necessary, after having created a Personal Account.

In case of Request for modification made by the other party, the user reads it from his Personal Account and then accepts it or rejects it.

Current Requests are visible from Personal Account.

5.2 Payment of a Transaction

When the terms of a Request have been accepted by the Buyer and the Seller, the Buyer is invited to pay the amount of the Price as well as the portion of the User Fees for the use of the Services fall to it.

To do this, a seizure of the PIN is required. Several payment methods are then offered to the Buyer, who provides the necessary information depending on the payment method chosen.

Once the payment has been made, the Buyer’s personal bank account and / or Electronic Purse is / are debited by the Amount corresponding to the increased price from the User Fees at the expense of Buyer. This sum is paid to the Ring-fencing account of the Provider.

Users have the option to choose whom of the Buyer or the Seller will pay the User Fees. In this case, the portion of the User Fees borne by the Seller shall be deducted at the end of the Transaction, directly on the Total Amount of the Price.

The Ring-fenced funds are made unavailable until the end of the Transaction. In case of cancellation of the Transaction, the funds paid by the Buyer are returned directly to him on his Electronic Purse.

The funds present on the User’s Electronic Purse may be paid into the User’s personal bank account at any time by submitting a request from the User’s Personal Account.

Transactions in foreign currencies are subject to exchange rate fluctuations.

5.3 Delivering

The delivery of the Object of the Transaction takes place by hand or by sending a parcel post, depending on the option chosen by the Buyer and the Seller at the beginning of the Transaction.

5.4 Collection

In the case of a collection, the Buyer and the Seller meet physically to organize the delivery of the Object of the Transaction.

The Buyer is required to verify the conformity of the Object of the Transaction, if necessary, after an inspection of the latter, before definitively validating the Transaction from his Personal Account. Buyer and Seller may also reduce the Price or cancel the Transaction. To carry out the operations referred to in this paragraph, the PIN is required.

After the validation by the Buyer, the Ring-fenced funds corresponding to the Price, deducted if necessary from the User Fees being incumbent upon the Seller, are then transferred from the Provider’s Ring-fenced account to the credit of the Seller’s Electronic Purse.

The User Fees calculated according to the nature of the Object of the Transaction, the payment method used, and the Price are then transferred from the Provider’s Ring-fenced account to the TRIPARTIE account.

5.5 Sending by post

In case of sending by postal parcel, the Seller sends the Object of the Transaction to the postal address that has been previously indicated by the Buyer, and that can be found in the Buyer’s Personal Account. The Seller must not, under any circumstances, send the Object of the Transaction to another postal address.

The Seller is informed that, by choosing to send by postal parcel, the Seller has the faculty to send back the Object of the Transaction, if he is not satisfied by it. If so, the fees related to the sending back of the Object of the Transaction will be supported by the Buyer.

The Seller must imperatively send the Object of the Transaction by tracked parcel using one of the following Haulage contractors:

  • Colissimo (La Poste),

  • Dpdgroup (France),

  • TNT,

  • Chronopost,

  • DHL,

  • FedEx, and

  • UPS.

It is important to subscribe to the insurance options (up to the value of the Object of the Transaction) and also to subscribe to the delivery against signature option to allow TRIPARTIE to protect both the Seller and the Buyer. The Seller shall be obliged to keep the deposit ticket until the finalisation of the Transaction, whatever the outcome, and to fill in the tracking number on the Mobile Application.

The Inspection Period starts from the day of the reception of the parcel by the Buyer. The Buyer is then obliged to check the conformity of the Object of the Transaction, if need be after an inspection of the Object, before finally confirming the Transaction on his Personal Account prior to the end of the Inspection Period.

In case of expiration of the Inspection Period, the Buyer is considered to have validated and accepted the Object of the Transaction: the amount of the Transaction is thus immediately credited to the Seller’s Electronic Purse.

The Buyer and the Seller can also reduce the Price of cancel the Transaction. In order to realise the operations mentioned on this paragraph, the PIN is required.

In case of validation by the Buyer, the Ring-fenced funds corresponding to the Price, reduced, if need be, of the Seller’s User Fees, is credited from the Service Provider’s account to the credit of the Seller’s Electronic Purse.

The User Fees calculated according to the nature of the Object of the Transaction, the payment method used, and the Price are thus transferred from the Service Provider’s ring fencing account to the TRIPARTIE account.

In case of cancellation of the Transaction on the Buyer’s initiative, the Seller is informed of the cancellation. The Buyer has five (5) business days to send back the parcel to the address indicated on his Personal Account, following the shipping instructions of the present article 4.3.2. (Sending by post). If this does not happen, the Ring-fenced Funds will be definitively provided on the Seller’s Electronic Purse.

In the event of non-compliance with these instructions, notably those regarding the send by tracked parcel and the subscription of an insurance from the Haulage contractor, the User who sends and/or sends back the parcel will be held responsible in case of loss, theft, degradation or any other inconvenience related to the delivery of the parcel, including if it results from the Haulage contractor’s fact.

From the reception of the returned parcel onwards, the Seller is required to verify the conformity of the Object of the Transaction under five (5) business days (otherwise, the Ring-fenced funds will be definitively transferred on the Buyer’s Electronic Purse), if need be, after an inspection of the Object, before :

  • Validate the transaction (in that case the Ring-fenced funds are returned to the Boyer on his Electronic Purse), or

  • Declare the absence of reception or the degradation of the Object of the Transaction on his Personal Account (in that case, the Ring-fenced funds will stay Ring-fenced until the resolution of the litigation).

In case of cancellation of the Transaction, no User Fees will be charged by TRIPARTIE.

5.6 Grading and commenting a Transaction

At the end of every Transaction, the Buyer and the Seller can mark publicly the Transaction in the form of stars from their Personal Account.

The marks and comments are not verified by TRIPARTIE, since they can be inaccurate or dishonest.

The Users commit themselves to mark and comment accurately, without abusive or defamatory language.

Marks and comments are published on the public profile of every User and are visible by other Users.

5.7 Disputes settlement between Users

The Buyer who is not satisfied with the Object of the Transaction delivered by parcel post has the capacity to restore it to the Seller, in the state in which he has received it. The Buyer’s dissatisfaction regarding the Object of the Transaction may result of a damage caused to it, of an hidden defect, of a lack of conformity of the Object with its purpose. This list is non exhaustive.

If the Seller claims and adduce evidence that the Object of the Transaction returned by the Buyer has been damaged, he will be able to obtain a financial compensation though its Personal Account.

The Buyer and the Seller are invited to communicate the maximum of elements regarding the litigation though their Personal Account. Once the situation is exposed, the Buyer and the Seller have the possibility to make offers and counteroffers. If, within a period of fourteen (15) days maximum, a deal between the Buyer and the Seller is reached, the money is immediately deposited according to the distribution of the agreement.

In the case in which an amicable agreement is found between the Users, of if TRIPARTIE establishes the liability of the Seller or of the Buyer, TRIPARTIE will draw from the Ring-fenced funds the amount necessary to resolve the litigation.

In the case in which no amicable agreement has been reached within the deadline, TRIPARTIE freely assists the Buyer and the Seller in the resolution of the litigation by allowing the two parties to answer to the arguments and proofs put forward. An experienced and independent TRIPARTIE arbitrator will be assigned to the litigation. The Buyer and the Seller will be able to submit to him all information and elements of proof they wish to highlight. The proof of the damage of the Object of the Transaction will be administered under the conditions of ordinary law. The financial compensation will either be equal to the amount determined by the Co-contracting Parties at the end of the phase of amicable settlement, or, if the Parties have failed to agree, by a TRIPARTIE arbitrator. The TRIPARTIE arbitrator will be able to propose a short online audition to the Parties, in order to discuss the elements of proof that have been sent and, if need be, in order to ask for additional documents. When the TRIPARTIE arbitrator will issue his decision, the funds will be immediately transferred according to this decision.

The Users commit themselves to participate in good faith in the resolution of the litigation, to give to TRIPARTIE the requested information and to apply all requested measures.

In case of loss, theft, damage or any other inconvenience related to the delivery of the parcel and caused by the Haulage contractor, TRIPARTIE reserves the right to exercise all available remedies to entail the responsibility of the Haulage contractor, and to enforce the User’s rights.

Every User accepts to provide TRIPARTIE with the information necessary to lodge an appeal to the Haulage contractor, and to sign, if need be, the requested documents. In the case in which expenses are engaged in order to incriminate the Haulage contractor, these expenses shall be borne by the User.


Article 6 – Prices of services

The User Fees can be borne by the Seller or by the Buyer and they are owed when a Transaction is over, namely when the Object of the Transaction’s conformity has been validated by the Buyer from his Personal Account.

The amount of the User Fees is calculated according to the nature of the Object of the Transaction, the payment method and the Price depending on the pricing system in force on the day of the creation of the Transaction.

The pricing system may be accessed through this link: http://tripartie.com/. TRIPARTIE reserves the right to modify the pricing system applicable to the Services at any time and without having to comply with a time limit.

When the Buyer and the Seller create a new Transaction, the User Fees associated are calculated and mentioned in the summary.

The potential User Fees charged to the Buyer are debited from his personal bank account and/or his Electronic Purse at the same time as the Price, then they are Ring-fenced on a Service Provider’s account until the end of the Transaction.

The potential User Fees charged to the Seller are debited directly from the Ring-fenced funds and subtracted from the Price.


Article 7 – Sponsorship and promotions

7.1 Sponsorship Code

The User will have the ability to recommend Sponsored Parties by supplying the Sponsorship Code given in his Personal Account, in the “Sponsorship and Promotions” tab.

This Sponsorship Code can be used only for the payment of User Fees.

The Sponsored Party will be invited to field the Sponsorship Code that has been given to him by his Sponsor. Once the creation of the Sponsored Party’s Personal Account is done, he will receive a discount of five (5) euros. As for the Sponsor, he will receive a discount of five (5) euros once the Sponsored Party has achieved his first transaction by using the Services of the Web Site and/ or of the Mobile Application.

Every Sponsored Party will be invited to field the Sponsorship Code during the creation of his Personal Account.

7.2 Promotion Code

The User may be offered Promotional Codes by TRIPARTIE. The credit of Promotional Code can only be used for the payment of User Fees.

Promotional Codes have a limited lifespan. Their expiration date will be mentioned on the Partners’ communications supports and platforms.

TRIPARTIE reserves the right to cancel any Promotional Code in case of illegal or fraudulent use of the Services at any moment and for any reason.


Article 8 – Banking data

The User is informed that the Service Provider, as an electronic money institution authorised by the Commission for the Supervision of the Financial Sector (Commission de Surveillance du Secteur Financier), collects his banking data, ensures the management of Ring-fenced funds, of diverse financial flows and of the Electronic Purses necessary for the functioning of the Services.

The User commits itself to keep updated the information related to the payment methods he uses, and his banking details. TRIPARTIE declines all responsibility in case of failure of the payment related to an incorrect, incomplete or false information.

The User is obliged to accept unconditionally the Service Provider’s terms and conditions at the time of creation of his Personal Account.

In case of contradiction between the Service Provider’s terms and conditions and the present terms of use, the latter take precedent over the former, except in cases where the law imposes the application of the Service Provider’s terms and conditions.


Article 9 – Registration of a personal credit card

The User using a credit card in his name must beforehand register the data in the Service Provider’s data base via the Mobile Application TRIPARTIE within the framework of a Transaction.

The User accepts that the data related to his credit cards are stored by the Service Provider for the sole use of executing its payment transactions or of recharging its account.

The identity of the owner of the mobile phone number and of the credit card must be identical.


Article 10 – Duration, hanging and closing of the personal account

The Services are available for an undetermined period starting at the creation by the User of his Personal Account.

The User can close his Personal Account at any moment by addressing an email request at contact@tripartie.com, provided that at the time of this request:

  • No Transaction is being carried out, and

  • The zero balance of his Electronic Purse.

In case of a fundamental breach with regard to the implementation of the present terms of use, of violation of the applicable laws and regulations, of violation of a third party’s right, or in case of fraudulent behaviour, TRIPARTIE can, without notice, terminate the present contract and/or discontinue the User’s access to the Services.


Article 11 – Responsibility

TRIPARTIE’s liability can only be engaged for facts that may be directly attributed to it in the execution of the Services. TRIPARTIE’s liability cannot be engaged for indirect prejudices, not for prejudices resulting from User’s incorrect use of the Service.

TRIPARTIE accepts no liability with regards to the quality, the conformity or the potential damage of the Object of the Transaction. Those elements come under the liability of the Buyer, the Seller and/or his Haulage contractor.

TRIPARTIE cannot be held responsible for the malfunctioning or disruption of the Services, nor for breaches of the IT security that may cause damages to the hardware et to the User’s data.

TRIPARTIE reserves the right to cease the access to the Services for maintenance reasons.

TRIPARTIE’s liability is limited to the refund of the User Fees effectively paid by the User during the Transaction underlying the engagement TRIPARTIE’s responsibility.


Article 12 – Forbidden transactions

The User must not use the Services for a Transaction which is illegal, which involves an illegal Object of the Transaction, or which has an illegal purpose or aim.

Besides, the services and objects mentioned in the following paragraphs 12.1 (Financial services) and 12.2 (illegal or non-regulated products and services) cannot be the object of a Transaction.

12.1 Financial services

  • The investment and credit services, including saving and credit associations, as well as exchange operations,

  • The services related to payment, including cheque-cashing and funds transfers, and

  • Currency change platforms, including crypto money.

12.2 Illegal or non-regulated products and services

  • Narcotics, drugs and regulated products,

  • Pyramidal mechanisms,

  • Products and services about whose legal provisions vary from one state or country to another,

  • Lotteries, card games, online casinos and gambling,

  • Unregulated auction platforms

  • Tobacco, electronic cigarettes and their liquid refill,

  • Counterfeit products

  • Sale of real estate

  • Animals, insects and plants,

  • Hacked software and DVD,

  • Weapons and ammunitions,

  • Gold and precious stones,

  • Any product or service whose content is reserved for adults, including any pornographic content, support platforms, on-demand viewing, webcam, as well as any violent content,

  • Dietary supplements,

  • Multi-level marketing systems,

  • Transport between individuals

  • Video games, competitions and online sports and

  • Psychic services.

In general, any product or service that TRIPARTIE would consider including a financial, banking, and / or legal risk. Please note that TRIPARTIE reserves the right to refuse any Transaction, at any time, at its discretion. The conditions listed above are subject to evolve at any time.

By using the Services, the Seller declares being the owner and being able to dispose of the Object of the Transaction.


Article 13 – Protection of personal data

To allow the use of the Services by the User, TRIPARTIE will collect the Data of the latter.

As controller in the meaning of Regulation (EU) 2016/679 of April 27th 2016 on data protection (RGPD), TRIPARTIE undertakes to comply with the laws and regulations in force relating to the protection of personal data, in particular the 1978 Computer and Freedom Law, as well as the aforementioned Regulation.

TRIPARTIE undertakes to collect the Data only for the purposes and under the conditions defined in the Data Protection Regulations attached hereto (Annex 1).


Article 14 – Intellectual property

All texts, comments, works, illustrations, works and images reproduced or represented on the Web Site and the Mobile Application are strictly reserved under copyright and intellectual property, for the entire term of protection of these rights and for the whole world.

For this reason and in accordance with the provisions of the Code of Intellectual Property, only the use for private use, subject to different or even more restrictive provisions of the Code of Intellectual Property, is allowed. Any reproduction, representation, modification or total or partial adaptation of the Web Site and the Mobile Application and / or all or part of the elements that compose them is strictly prohibited.

The corporate names, trademarks and distinctive signs reproduced on the Web Site are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.


Article 15 – Contract integrality – Applicable law – Complaints

These clauses, as well as the confidentiality policy of TRIPARTIE, form the entirety of the terms of use. If one of them should be cancelled under application of a mandatory legal provision or by virtue of a court ruling become final, it will be deemed unwritten without all other clauses being called into question.

The Terms, originally written in French, are subject to French law and under exclusive competence of the French jurisdictions. This translation of the terms of use solely has an informative value and purpose. Only the French text would prevail in case of a litigation.

In case of a litigation, the Parties will seek an amicable settlement before proceeding any legal action, in accordance to the article of these Terms of use relating to the amicable settlement of litigations.


Article 16 – Terms of use of the service provider

Before any use of the Services, please consult the Mangopay Terms of use by clicking on the following link : MANGOPAY TERMS OF USE


Annex 1 – Data protection regulations

Collection of data

The User expressly consents to its data being collected by TRIPARTIE in the following circumstances:

  • The participation in the Sponsorship system;

  • The creation of a Customer Area;

  • The completion of a Transaction;

  • The transfer of funds from the Electronic Money Carrier;

  • The procedure for the amicable resolution of disputes.

Use of data

The User expressly and unreservedly agrees that his personal data will be used by TRIPARTIE for the following purposes:

  • Making contact with the User;

  • User’s access to the various features of the Application / Site;

  • Adapt the content of the Services – including the content of the Application and / or the Web Site;

  • Improvement and realization of the Services;

  • Respond to legal obligations, fight against fraud, detect uses contrary to the Terms of Use;

  • Sending of commercial and / or promotional proposals;

  • sending satisfaction surveys;

  • Realization of statistics.

Communication of personal data

In order to ensure the proper performance of the Services, TRIPARTIE will be required to communicate the Data to the Service Provider(s).

In exceptional circumstances, TRIPARTIE may communicate the Data to:

  • Authorized administrative and judicial authorities, only on judicial requisition;

  • For purely technical reasons, to the providers of the site providing the processing as well as hosting the processed data.

Rights of the users

The User has a right of access, rectification, portability, erasure of his personal data or limitation of treatment, which he can exercise at any time via his Personal Space.

The User may also, at any time, object to the processing of his personal data for legitimate reasons.

The User may exercise his rights by sending an email to the following address: contact@tripartie.com, by filling in the subject field “Personal data”. TRIPARTIE undertakes to process the User’s request within a maximum of thirty (30) days from receipt of the email.

Data retention

TRIPARTIE will keep the Data in a secure environment for the time necessary to achieve the purposes for which they were collected and in compliance with the regulations in force.

The Data is kept for the duration of use of the Services by the User, increased by a period of three (3) years from the closure by the User of his Personal Space, or the termination of the use of the Services, for purposes of animation and prospecting, without prejudice to the conservation obligations or limitation periods.

Claim

The User has the option of sending a complaint to the National Commission for Data Processing and Freedoms, by sending a letter to the following address: CNIL – 3 place de Fontenoy – TSA 80715 – 75334 Paris – Cedex 07.

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