General Terms of Usage

January 20th 2016

Foreword

The present General Terms of Usage ("GTU") govern all of the relations between the Tipeeestream Site's Users and the TIPEEE company (hereinafter "TIPEEE"), a simplified joint stock company, with capital of €2, 000, listed with the Paris TCR under the number 529 108 334, the head office of which is at 20 rue du Sentier, 75002 Paris – France, which e-mail address is support@tipeeestream.com, which phone number is (+33) (0)1 40 13 16 10.

The Site is providing with a service allowing its Users to send and receive money ("Tips") through third-party payment systems.

Visitors to the Site are considered to have accepted the GTU simply through their Usage of the Site.
Contributors to the Site are considered to have accepted the GTU before each one of their Tips.

Streamers are considered to have accepted the GTU upon the date of opening of their Tipeeestream account, being specified that the e-mail they received then welcoming them on Tipeeestream includes a link allowing them to download the GTU.

It is also expressly agreed that the acceptance of the present GTU by the Users includes their acceptance of the general conditions of usage applied by the third party companies managing the payment systems used by the  Site, i.e. at this time:

- For the payment system named "MangoPay", the general conditions of usage of Leetchi Corp SA, a copy of which is annexed to the present GTU, being agreed that in case of conflict between the provisions of the general conditions of usage of MangoPay and the provisions of the present GTU, the provisions of the present GTU will prevail.

-For the payment system named "PayPal", the general conditions of usage of PayPal, a copy of which is available on PayPal website: www.paypal.com.

The User is informed that, at any time, TIPEEE can modify the present GTU, which will be applicable to the User 72 hours after having been posted on the Site. For information, these modifications will be clearly indicated on the Site for a period of 72 hours. The User recognises and accepts that his/her use of the Site after the date of the modifications implies his/her formal and unconditional acceptance of the GTU.

Through the service, Users may use the Site in order to disseminate various types of content, notably videos, images, graphic creations, music, texts, ideas and concepts, software programs, etc. as well as brands or patents and various intellectual property elements. Users are informed that usage of the Site in no way protects the said content and that they must, where applicable, protect the content by other means.

Each User represents that she/he is legally capable and at least the age of majority in her/his state or province of residence.

The present GTU constitute all of the enforceable contractual documents between TIPEEE and the Users.

1. Definitions

- "Contributor": refers to a User who has decided to give at least one Tip to a Streamer.

- "Credit": refers to the special account on which the monetary sums due to a Streamer are hold, awaiting wire transfer to the said Streamer bank account, until the said Streamer has log her/his valid bank account details on her/his MangoPay account, being specified that such Credit system is only relevant if the payment system involved is MangoPay (in contrast, the Credit system is not applied when the payment system involved is PayPal) on the Site and that she/he can either spend on the Site (thus becoming a Contributor) or transfer to her/his bank account.

- "Fees": refers to the fees in Euros or US Dollars all taxes included deducted from the Tip given by the Contributor before such Tip is paid to the Streamer. They represent all the costs of the third-party payment processors, the cost of the money transfer and the commission of TIPEEE for providing the Service.
The Fees include two cumulative types of fees:

      1) Fees for each Tip paid

      The amount of the first type of Fees will vary according if the payment system chosen by the Contributor is PaySafeCard or any other payment system available on the Site.

             1.1) If the payment system chosen by the Contributor is PaySafeCard:

             The Fees for each Tip received by the Streamer will be:
                  - Until a Tip which amount is inferior to 16 €: 0, 15 € + 20% of the Tip
                  - For a Tip which amount is equal or superior to 16 €: 19% of the Tip
             A Contributor shall be able to choose PaySafeCard as his payment system only if the currency of his Tips is the Euro.

             1.2) If the payment system chosen by the Contributor is MangoPay

             The amount of Fees for each Tip paid will vary according the currency chosen by the Streamer, the Geographical Areas where the Streamer and the Contributor live and the amount of the considered Tip.

                  a) If the Streamer has chosen the Euro as the applicable currency:

                      (i) If the Streamer and the Contributor both live in the same Geographical Area:
                      The Fees for each Tip received by the Streamer will be:
                         - Until a Tip which amount is inferior to 10 €: 0, 23 € + 3, 2% of the Tip
                         - For a Tip which amount is equal or superior to 10 €: 0, 38 € + 1, 9% of the Tip

                      (ii) If the Streamer and the Contributor live in different Geographical Areas:
                      The Fees for each Tip received by the Streamer will be0, 25 € + 3, 2% of the Tip

                  b) If the Streamer has chosen the US Dollar as the applicable currency:

                      (i) If the Streamer and the Contributor both live in the same Geographical Area:
                      The Fees for each Tip received by the Streamer will be 0, 29 US$ +2, 9% of the Tip

                      (ii) If the Streamer and the Contributor live in different Geographical Areas:
                      The Fees for each Tip received by the Streamer will be 0, 30 US$ +2, 9% of the Tip

             1.3) If the payment system chosen by the Contributor is PayPal

             The amount of Fees for each Tip paid will vary according the country where the Streamer’s Paypal account is held, the currency chosen by the Streamer, the Geographical Areas where the Streamer and the Contributor live and the amount of the considered Tip.

                  1.3.1) If the country where the Streamer’s Paypal account is held is Germany

                     a) If the Streamer has chosen the Euro as the applicable currency:

                        (i) If the Streamer and the Contributor both live in the same Geographical Area:

                       The Fees for each Tip received by the Streamer will be:
                           - Until a Tip which amount is inferior to 8 €: 0, 23 € + 3, 2% of the Tip
                           - For a Tip which amount is equal or superior to 8 €: 0, 32 € + 1, 85% of the Tip

                       (ii) If the Streamer and the Contributor live in different Geographical Areas:

                        The Fees for each Tip received by the Streamer will be0, 25 € + 3, 2% of the Tip

                     b) If the Streamer has chosen the US Dollar as the applicable currency:

                        (i) If the Streamer and the Contributor both live in the same Geographical Area:

                        The Fees for each Tip received by the Streamer will be 0, 29 US$ +2, 9% of the Tip

                       (ii) If the Streamer and the Contributor live in different Geographical Areas:

                        The Fees for each Tip received by the Streamer will be 0, 30 US$ +2, 9% of the Tip

                  1.3.2) If the country where the Streamer’s Paypal account is held any other country than Germany

                     a) If the Streamer has chosen the Euro as the applicable currency:

                        (i) If the Streamer and the Contributor both live in the same Geographical Area:

                        The Fees for each Tip received by the Streamer will be:
                           - Until a Tip which amount is inferior to 10 €: 0, 23 € + 3, 2% of the Tip
                           - For a Tip which amount is equal or superior to 10 €: 0, 38 € + 1, 9% of the Tip

                       (ii) If the Streamer and the Contributor live in different Geographical Areas:

                        The Fees for each Tip received by the Streamer will be0, 25 € + 3, 2% of the Tip

                     b) If the Streamer has chosen the US Dollar as the applicable currency:

                        (i) If the Streamer and the Contributor both live in the same Geographical Area:

                        The Fees for each Tip received by the Streamer will be 0, 29 US$ +2, 9% of the Tip

                        (ii) If the Streamer and the Contributor live in different Geographical Areas:

                        The Fees for each Tip received by the Streamer will be 0, 30 US$ +2, 9% of the Tip

      2) Fees for each wire transfer made to the Streamer’s bank account

The amount of the second type of Fees will vary according the currency applicable to the Streamer's bank account and the specifics of the said bank account:

            a) If the Euro is the applicable currency for the Streamer's bank account:

* If the wire transfer is made to a bank account with an IBAN swift code: 0€
* If the wire transfer is made to bank account without an IBAN swift code: 2, 5€

            b) If the US Dollar is the applicable currency for the Streamer's bank account: 

* If the wire transfer is made to a bank account located in the USA: 1 US$
* If the wire transfer is made to a bank account located in another place than the USA: 3 US$

- "Geographical Area": refers to the European Economic Area or any other single country outside the European Economic Area.

- "Service": refers to the service proposed by TIPEEE, the purpose of which is:

      * Intermediation between the Streamers and Contributors via the Site;
      * The collection and the repayment to the Streamers of the Participations;
      * Any additional service relating to the services described above.

- "Site": refers to the Internet site: http://www.tipeeestream.com or any URL with which it could be replaced by TIPEEE, as well as all of the tools made available by TIPEEE (widgets, API, etc.).

- "Streamer": refers to a natural or legal person who offers "live" video stream, who has an account on the Site and who can, and as a result, receive Tips from Contributors. A Streamer can also be a Contributor.

- "Tip": refers to the monetary value that the Contributor pays to a Streamer.

- "User": refers to a natural or legal person who accesses the Site and who is included in the following categories:
      * Visitor;
      * Streamer;
      * Contributor.

- "Visitor": refers to a web surfer browsing on the Site but who has not yet given a Tip as Contributor or opened a member account as a Streamer.

2. Site access


Site access is free and allows Users to view its editorial content.
Site access provides Users with a private, non-collective and non-exclusive right to the Site's content. TIPEEE reserves the right, notably for the purposes of corrective maintenance or upgrade, to temporarily suspend access to the Site or to a part thereof.
It is stipulated that all hardware or software needed in order to use the Service remain exclusively at the User's expense.

3. Conditions for using the Site as a Contributor


It is reminded that each Contributor represents that she/he is legally capable and at least the age of majority in her/his state or province of residence.

If a User wants to become a Contributor, she/he just has to give a Tip if; no opening account is requested. 

By becoming a Contributor, the User is therefore considered to be of legal age.

In order to give Tips for the benefit of one or more Streamers, the Contributor will have to:

- Select a payment system among the payment systems chosen by the considered Streamer (if the said Streamer has chosen only one payment system, the Contributor will necessarily have to select the same payment system);

- Pay in the applicable currency chosen by the considered Streamer.

The amount of Tip chosen by the Contributor will be debited immediately from the account chosen by such Contributor.

The Contributor is informed and unconditionally accepts that her/his Tip will be given anonymously and without any compensation from the Streamer.

The Contributor is also informed and unconditionally accepts that, considering that Tips are anonymous donations, TIPEEE will not be able to reimburse such Tips under any circumstances.

TIPEEE collects no Fees from the Contributors, but only from the Streamer, being however agreed that in case of foreign conversion fee (for instance if the Contributor pays in Euros although the Streamer has chosen to be paid in Us Dollars), such fee will be borne by the Contributor.

4. Conditions for using the Site as a Streamer


A User, to become a Streamer, will have to open a Streamer account on the Site, being expressly specified that such opening will only be possible if the User already has an account on a website providing streaming services such as Twitch.tv or Hitbox.tv as it will be specifically requested from the User to open her/his Streamer account on the Site to use the exact same personal identification details that she/he previously used to open her/his account on Twitch.tv or Hitbox.tv.

Registering as a Streamer provides access to a Streamer account that is unique and only accessible by means of the Streamer's identifiers. The Streamer is solely responsible for any usage of her/his identifiers, and TIPEEE cannot be held liable for any loss, misappropriation or fraudulent usage by a third party. Every access and/or usage of the Site and transmission of data made from a Streamer account will be considered to have been made by the Streamer whose account was used.

Notwithstanding the above, a Streamer is required to immediately inform TIPEEE of any loss, misappropriation or fraudulent usage of her/his Identifiers by a third party that has led to access to the Streamer's account, while submitting her/his surname, first name, and username by electronic message to the following address: support@tipeeestream.com, or by postal mail to the head office address provided at the start hereof.

If the Streamer is a professional, she/he certifies that she/he has all of the rights needed in order to sign these presents in the name of the legal person that she/he represents (company, association, etc.).

If the Streamer wishes to close her/his Streamer account, she/he must follow the procedure provided for this purpose on the Site.

The Streamer undertakes, under threat of immediate suspension of her/his Streamer account without advance notice, to:

- Not create or use on the Site any accounts other than the one initially created or assigned, under her/his own identity or that of a third party;
- Not create a false identity that might mislead TIPEEE or any third party, and to not usurp the identity of any other natural or legal person.

In order to ensure compliance with the provisions herein, TIPEEE reserves the right to ask the Streamer to provide proof of her/his identity, by any means. If proof is not provided within 7 (seven) days following TIPEEE's request, the suspension mentioned in the previous paragraph will apply.

By accepting these GTU, the Streamer declares that the source of the funds used by her/his on the Site is not illegal and undertakes to not use the Site for any illegal or fraudulent activity, including but not limited to money laundering. Criminal and/or civil proceedings can be initiated against the Streamer and any other persons directly or indirectly participating in such an illegal or fraudulent activity.

The Streamer is responsible for paying all applicable or associated taxes on the sums received as Tips. Under no circumstances can TIPEEE be substituted for the Streamer for this purpose, nor even advise the latter with regard to the nature and details of her/his obligations.

TIPEEE reserves the right, at its discretion, to hand over all information of a potentially illegal or fraudulent nature to the competent authorities, without informing the Streamer. To this end, TIPEEE reserves the right to sequester all funds that it might legitimately consider to be related to an unlawful or fraudulent activity, until their transfer to the competent authorities.

The Streamer waives any right or recourse of any kind that could be recognised or available to her/his, in any location whatsoever, as a result of TIPEEE communicating such information to the competent authorities.

To be able to receive Tips, the Streamer will have to:

- Select one payment system or several payment systems among the available systems offered on the Site, being specified that if the Streamer selects MangoPay, she/he will have to log her/his bank details to be able to receive Tips on her/site bank account (until then, the Tips she/he could receive will be kept on her/his Credit as defined by article 1);

- Select an applicable currency among the available currencies offered on the Site;

- When the Streamer's collection of Tips reaches a global amount equivalent to 1, 000 Euros or 1, 000 US Dollars, such Streamers account will have to be validated according the certification procedure indicated for this purpose on the Site, being specified that such procedure involves sending to TIPEEE an identity document confirming the authenticity of the identity of the considered Streamer. 

The Tips will be paid to Streamers after deduction of the Fees and the possible defaulted amounts. As such, the Streamers formally authorises the considered bank (which varies according the payment system applied) to pay to TIPEEE the Fees (regarding this point, please refer to article 1, definition of "Fees") to which it is entitled. 

The payment frequency of the TIPs will vary according the payment system applicable:

- In case of payment made via PayPal, the amount of the Tip will be wired from the Contributor's PayPal account to the Streamer's Paypal account during the day of which the Tip has been given;

- In case of payment made via MangoPay, the amount of the Tip will be wired from the Contributor's bank account to the Streamer's Credit or bank account (regarding this point, please refer to paragraph 12 above) the Monday of the 4th (fourth) calendar week following the calendar week within which the Tip has been given (for instance, if a Tip has been given on Thursday, 10th calendar week of the year, the Tip will be available to the Streamer on Monday, 14th calendar week of the year).

The Streamer formally acknowledges that she/he alone is responsible for the accounting, fiscal and social treatments relating to the sums received by her/him as Tips through TIPEEE.

5. CNIL data processing declaration


The personal data collected and subsequently processed by the Site are voluntarily provided to the Site by the User, notably via the registration forms.

The User undertakes to provide exact, up-to-date and complete information, and to immediately inform TIPEEE of any change of her/his personal data, by sending an e-mail to the following address: support@tipeeestream.com and to immediately make all corresponding changes to her/his account.

In compliance with law 78-17 of 6 January 1978 on information technology, files and freedoms, the Site and the personal data were declared to the CNIL on 08/04/2009 under the number 1357711.

Pursuant to articles 38 et seq of the aforesaid law, the User who has filled out an online registration form has a right to information, opposition, access and rectification relative to the data relating to her/him. This right is exercised by sending a letter by ordinary mail to the address of the head office indicated at the start hereof, or by e-mail to the following address: support@tipeeestream.com, while indicating her/his surname, first name, birth date and place, postal mail and e-mail addresses, and personal identification details.

6. Legality of content broadcast on the Site - Safeguarding of the interests of Users

TIPEEE exercises no control whatsoever over any content that could be broadcast by Streamers via the Site and bears no liability for any resulting damage.

Streamers undertake not to broadcast contents that are contrary to the Site's objective and/or to the provisions of the present GTU, and/or that are of an unlawful nature, notably:

- Malicious, inappropriate or disrespectful;
- Slanderous or offensive;
- Infringing, secret or confidential, misleading or incorrect (including personal information);
- Xenophobic, racist, hateful;
- Encouraging violence, xenophobia, racism or hatred;
- Illegal or contrary to public policy and accepted principles of morality;
- Indecent, obscene or pornographic;
- Threatening or violent.

The Streamers also undertake not to broadcast any content notably involving:

- Any violation of the privacy and/or image of any third party;
- Any elements protected by copyright;
- Commercial or business secrets;
- Advertisements, commercial canvassing or e-mail chain letters.

This prohibition applies to any type of communications between the Users without limitations whether public or private, irrespective of the intended recipient, including the employees of TIPEEE.

TIPEEE reserves the right to immediately and without notice delete any content that, based on its sole assessment, violates the terms hereof.

7. Limit of liability


7.1 As a result of its limited role as an intermediary between the Users, the Users formally accept that TIPEEE can in no way be held liable, even partially, for any content broadcast or any communication delivered by the Streamers.

Accordingly, Contributors must address all their possible questions or complaints only to the Streamer.

The Streamer guarantees and undertakes to compensate TIPEEE relative to any damages incurred by the latter or any event attributed to it relative to any content or communication, and guarantees it without limits in the event of any action for damages whatsoever initiated against TIPEEE by any User or by a third party as a result of any content broadcast or communication delivered on the Site.

7.2 When providing the Service, TIPEEE is formally subject to an obligation of best intents

TIPEEE cannot be held liable for any activities or stored information if it had not been previously made aware of their unlawful nature or, if at the time of learning of their unlawful nature, it promptly responded by withdrawing the aforesaid data or making access to them impossible.

Irrespective of the nature, basis or provisions of any action initiated by the User, except in case of bodily harm or fraud attributable to TIPEEE, the liability of the latter, limited to direct damages, can under no circumstances, for the entire duration of the period during which the Service is provided and for all operative events taken together, exceed an amount equal to €100 (one hundred Euros) for the entire duration of the execution hereof.

The User acknowledges that the guarantees and liability limits stipulated above result in a reasonable distribution, between the parties, of the risks and responsibilities in view of the context and financial terms that govern the supply of the Service.

The User is informed and aware that TIPEEE would not have entered into the present contract without the above liability and guarantee limits.

7.3 The Service proposed by TIPEEE cannot be considered as a consulting mission. As such, TIPEEE can in no way be held liable for the consequences of the Tips given by the Contributor. In particular, TIPEEE does not recommend or provide any advice regarding the Streamers to be supported, and only provides the Streamers with limited assistance with regard to the visual presentation of page on the Site.

8. Duration of the relation with Tipeee

The present GTU apply:

- For the Visitor: as of the connection to the Site and until the end of the browsing ("disconnection");
- For the Contributor: as of the connection to the Site and until the last operation to be carried out for the payment of the Tip;
- For the Streamer: as of the creation of her/his account and until its closing for any reason whatsoever

TIPEEE reserves the right to temporarily and/or definitively suspend, pursuant to the provisions described in article 10 below, or to immediately and without notice terminate any Streamer account whose owner has violated the terms hereof or has helped a third party to do so, or has committed any other illegal act.

In case of a retroactive change of its commercial policy and/or modification of its economic model, TIPEEE also reserves the right to suspend or terminate any Streamer account for which the Streamer has formally refused to accept the newly applicable GTU, subject to reasonable notice.

9. Intellectual property

The Site and its content (notably the texts, programs, scripts, graphics, photos, sounds, music, images, designs, videos, etc.) are the exclusive property of TIPEEE, with the exception of the content broadcast by the Streamers that remain the exclusive property of the Streamers. In general, TIPEEE grants a free, personal, non-exclusive and non-transferable right to access and use the Site, with any other right, notably regarding reproduction or presentation, being formally forbidden and subject to civil and criminal penalties for infringement.

The Site content cannot be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, altered, conceded under licence or exploited in any other manner and for any purpose whatsoever. Any hypertext link leading to the Site is also prohibited without the prior written authorisation of TIPEEE.

10. Account suspension

TIPEEE reserves the right to immediately and without notice suspend any Streamer account, temporarily or definitively, in case of misconduct attributable to the User in question if in violation of any provision of the present GTU.

In this case, as a penalty, TIPEEE may decide not to reimburse all or part of the amounts corresponding with the Credit possibly associated with this Streamer's account and that it considers necessary in order to repair damages of any nature whatsoever that it may have suffered. If TIPEEE decides to return all or part of the amounts corresponding with a possible Credit at the time of the closing of this account, the Streamer will have a maximum of 14 (fourteen) days in which to contact TIPEEE after first receiving an e-mail from TIPEEE informing the Streamer of its decision, and to provide all information needed for the repayment of the amount in question. After the aforesaid time limit or if the information needed for the repayment is not provided, TIPEEE will be released from any possible repayment obligation.

However, the Streamer will still be able to perform transfers into her/his bank account and to access her/his "personal information" in compliance with the law of 6 January 1978 relative to information technology, files and freedoms, according to the provisions described herein.

11. Legal jurisdiction and applicable law


The present GTU are governed by French law. 

Only the courts of Paris have jurisdiction in order to hear any dispute relative to the application, interpretation or cancellation hereof.


ANNEX


General terms and conditions of use of the electronic money MANGOPAY

Entered into between:

The client, natural capable adult who uses the electronic money issued by Leetchi Corp SA , through MANGOPAY, hereinafter referred to as "You" or the "User", on the one hand;

Leetchi Corp. S.A., société anonyme incorporated under Luxembourg law, with a share capital of 500.000 Euros, having its registered office at 14, rue d'Aldringen, L-1118 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, hereinafter referred to as "Leetchi" or the "Issuer", on the other hand; and,

 Hereafter collectively called "Parties",

Warning

Please carefully read the General Terms and Conditions of the MANGOPAY service of the Use of Electronic Money. If you wish to become a User, you must read these General Terms and Conditions of Use and accept them within the context of the registration process. Otherwise, you undertake to leave this website 

1. Definitions

For the purposes hereof, the words here after are defined as follows: 

API: « Application Programming Interface » means the programming interface made available by the Issuer to the Partner for the proper functioning of the Site. 

Bank: Crédit Mutuel Arkéa,ING Luxembourg or any credit institution that has been authorized in a member state of the European Economic Area, which the issuer could replace in the future.

Beneficiary: Person who receives the Electronic Money through a Payment Transaction. It being noted that the Beneficiary can be an online vendor who is a User's partner accepting the Electronic Money as a means of payment, or a non-profit seeking body, or a natural person or a legal entity. 

Credit Card: Debit or credit card, valid within the European Economic Area and not expired, subject to their authorisation by the Issuer (Visa, MasterCard, CB) used in order to pay a Participation. 

General Conditions of Use: means this document. 

General Conditions of the Website: means the general conditions of use of the Website concluded between the User and the Distributor governing in particular the access to the Website, the conclusion of Transactions generating an Account opening request at the name of the user for the needs of Payment Transactions and the purchase of Electronic Money. 

Special Conditions: means the information:

to be filled-in by the User for his or her registration with the Site which includes the information necessary to the entering into of this document and regarding, in particular, his or her last name, first name, date of birth, valid email address and password. Such information is provided to the Issuer for the purpose of the account opening. 

Account: means the Electronic Money account opened by the Issuer in its books in the name of the User on demand of the Distributor. 

Contract: means these General Conditions of Use together with the General Conditions of Sale and the associated Special Conditions. 

Distributor(s): means the legal entity Tipeee owning a Site that wishes to offer to its users the possibility of opening an Account, purchase Electronic Money issued by the Issuer through the Site and to use the Electronic Money in order to make a Payment Transaction to a Beneficiary. Such entity is mandated, for this purpose, by the Issuer to distribute the Electronic Money to the Users of its Site. 

Issuer: means Leetchi Corp, issuer of the Electronic Money regulated by la Commission de Surveillance du Secteur Financier at Luxembourg with the references n°3812. 

Login: means the data necessary to the identification of a User by the Issuer which includes a User name (valid email address) and a password.

Business day: means a calendar day excepting Saturdays, Sundays, and public holidays in mainland Luxembourg.

MANGOPAY: the API ("Application Programming Interface" or "programming interface") provided by Leetchi to the Partner to ensure the Website's proper functioning.

Electronic Money: means the monetary value stored under an electronic support on the Issuer's server, and representing a receivable over the latter. The Electronic Monetary is issued by the Issuer in exchange for the User's delivery of the corresponding funds.

Payment Transaction: means the payment of a Beneficiary made by transfer of Electronic Money from a User account to a Beneficiary account. 

Withdrawal: means a wire transfer request by the Beneficiary to his/her bank account of the amount of the reimbursement receivable of Electronic Money over the Issuer reduced of potential fees within the limit of the applicable regulation.

Reimbursement: means a repayment by the Issuer of all or part of the Electronic Money held by the User.

Website: means the web site www.tipeee.com created and managed by the Distributor, which integrates the MANGOPAY solution. 

Transaction: means a transaction concluded by a User regarding the General Conditions of the Website and generating a Payment Transaction.

User : Any natural person acting on his or her own behalf or on behalf of a legal entity and using the Electronic Money issued by the Issuer in order to execute payment Transactions. 

Fees: mean the fees owed by the Distributor to the Issuer regarding the issuance and the management of Electronic Money as detailed hereof and within the limits of applicable law.

2. Purpose

The purpose of these General Conditions of Use is to define the conditions on which the Issuer and the Distributor supply to the User the services of issuance , use and management of the Electronic Money issued by the Issuer in return for the payment of the fees defined in the General Conditions of Sale. 

These General Conditions of Use, completed the Special Conditions constitute the whole Contract entered into between the Parties regarding issuance, use and management of the Electronic Money issued by the Issuer; they are incorporated by reference to the General Conditions of the Website binding the Distributor and the Issuer regarding the payment modalities.

The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Contract shall prevail in case of litigation.

3. User Registration


      3.1 Necessary and previous conditions to the registration 

In order to register, the User must be at least 18 years old and be legally capable throughout the duration of the Contract. 

      3.2 Registration procedure and creation of a User's account

At his/herregistration, the User shall provide, in particular, his/her last name, first name, email address and date of birth; citizenship; country of residence.

The User must indicate a login, which includes a User name (valid email address) and a password. He/she is solely responsible for maintaining the confidentiality of his/her Login. The User agrees not to use at any time the Accounts, name or User name owned by another User, neither to disclose his/her login to a third party. The User agrees to inform immediately the Issuer, in case he/she suspects a non-authorized use of his/her login at the following email address: service.utilisateurs@tipeee.com. He/she is solely responsible for any use of his/her login. 

By accepting these General Conditions of use, you agree that the Distributor processes your registration to the dedicated service of the Issuer, whenever it deems necessary. The creation of your User Account formalises the creation of the contract. The Issuer and the Distributor may give no effect to an application for registration without motivation or right to compensation. The Issuer, through the Distributor, is allowed to request for further information and identification data to the User, and all supporting documents it may consider useful. 

The User declares at the registration and throughout the duration of the Contract that:

 - (a) that he/she is at least 18 years old;
 - (b) that all information provided during the registration are true, accurate and up-to-date. 

      3.3 Limitations of the Electronic Money account's use

As long as the User has not provided the documents required by the Issuer allowing the latter to verify his or her identity, the following limitations will be imposed on the individual User:

- A total amount of 2.500 Euros maximum- Electronic Money owned by a User during one calendar year via the same Website, and
- A total amount of 1.000 Euros maximum of reimbursement of Electronic Money during one calendar year via the same Website.

Upon receipt of the following documents subject to such documents be deemed satisfactory by the Issuer, the latter may release the limitations applying to the User: 

- The copy of an official and valid identity document : for French citizens a copy of the identity card (double-sided), and for the foreigners residing in France or abroad, the passport;

- If the Beneficiary is not the beneficial owner of the funds, the identity of the beneficial owner with a copy of his or her identity card or his or her passport if he or she is a foreigner, and eventually;

- Proof of residence that may be requested at the discretion of the Issuer.

Upon receipt of the following documents subject to such documents being deemed satisfactory by the Issuer, the latter may release the limitations applying to the legal entity User:

- Statutes;

- A recent extract of the register of incorporation.

- The headquarter address and the legal system governing the constitution and the functioning of the company.

- Declaration form of all the beneficial owners owning more than 10% of the shared capital, signed by the managers, and the ID's of individual beneficial owners.

- ID of the manager or of the duly empowered individual to engage the company.

- The bank details of the company

Upon receipt of the following documents subject to such documents be deemed satisfactory by the Issuer, the latter may release the limitations applying to the organization User:

- Statutes;

- ID of the president of the organization;

- Receipt of statement creation.

In addition, it is expressly provided that the Issuer retains the possibility to request the above documents to identify the Users and the beneficial owner of the Account in accordance with applicable regulations from the opening of the account.

4. Functioning of the Account 

      4.1 Purchase of Electronic Money

The purchase of the Electronic Money may be made by debit or credit card in one or several times. The cash amount paid by the User is collected by the Issuer in exchange of the issuance of units of Electronic Money for a nominal value equivalent and stored on the User Account net of issuance and management Transaction Fees provided for in the General Conditions of Use of the Site.

      4.2 Reimbursement due to purchase's cancellation of Electronic Money

The User who owns Electronic Money may request the repayment of all or part of the Electronic Money (a "Reimbursement") at any time before any use to the benefit of a Beneficiary. To be valid, a reimbursement has to be requested to the following address: service.utilisateurs@tipeee.com. 

The User must indicate the amount of the reimbursement requested which may be total or partial. The Issuer therefore adjusts the units of Electronic Money issued by him and owned by the User. The Issuer initiates a credit order of the Credit Card within 5 (five) business days following receipt of the request of the User. 

      4.3 Holding of Electronic Money

The Issuer holds the equivalent amount of Electronic Money on the Account up to:

- the date of the Reimbursement, or
- the date of completion of a Payment Transaction. 

      4.4 Use of the Electronic Money in order to realize a payment transaction

The amount of Payment Transactions is charged against the amount of the Electronic Money listed on the account. When the amount of the Electronic Money listed on the account is lower than the price of the Payment Transaction, the User may pay the additional price required by using one of the means of payment accepted by the Website on which the payment transaction is performed. Conversely, when there is a remaining balance of Electronic Money on the Account after the Payment Transaction, it may give rise, further to the decision of the User, to a new Payment Transaction.

The Issuer is not concerned the legal relation that exists between the User and the Beneficiary of the Payment Transaction. The Issuer shall not be held liable for mistakes, defaults or negligence of the User or the Beneficiary towards one another.

The Electronic Money is transferred after the execution of a Payment Transaction for the benefit of the Beneficiary. 

      4.5 Use of Electronic Money received for a Payment Transaction

The Beneficiary may, according to the circumstances and regarding the agreement and/or the General Conditions of Use, immediately use the received Electronic Money to do a new Payment Transaction or ask for a Withdrawal.

The Issuer shall then pay the Beneficiary the corresponding sum to a bank account opened in his/her name in the books of a bank having its registered office in the European Economic Area or in a country supported by the Distributor. For this purpose, the Beneficiary must communicate the IBAN number and the SWIFT code or any other information of his/her bank account with his/her address. 

The Beneficiary who owns the Electronic Money is deemed to be the beneficial owner of the Reimbursement within the meaning of the regulation. Otherwise, the Beneficiary undertakes to communicate the email address, the date of birth, the nationality and the postal address of the person to whom the Beneficiary shall pay the funds issued of the Reimbursement. The Reimbursement and the corresponding use of funds are realized under the exclusive responsibility of the Beneficiary. 

When the Beneficiary decides to proceed to a Reimbursement of Electronic Money, fees may be applicable in accordance with the General Conditions of the Website. 

      4.6 Transmission and execution of a Reimbursement order

When he/she wishes to execute a Reimbursement, the User of the Account proceeds to his/her identification on the Website by filling his/her user name (valid email address) and password. He/she orders a reimbursement on the related pages of the Site, as the case may be, the appropriate supporting documents requested by the Issuer. The Reimbursement request becomes irrevocable when the User clicks on the validation tab of the form. The Issuer then sends a confirmation email to the User and then proceeds to the reimbursement transaction following the form.

5. Login objection, challenge of a Payment Order and Reporting

      5.1 Login objection

The User must inform the Distributor about the loss or the theft of his/her Login, in case of misuse or unauthorized use of his/her Login or data as soon as he/she becomes aware of this fact in order to block the access to such data. Such a declaration has to be realized: 

- by telephone call to the Customer Service of the Distributor at the following number : 00 33 (0) 1 40 13 16 10
Or
- directly by email at the following email address: service.utilisateurs@tipeee.com.

The Issuer through the Distributor will immediately execute the objection request of the Login concerned. The event will be recorded and time stamped. A time stamped objection number will be provided to the User. A written confirmation of the objection request will be sent by the Distributor to the concerned User by email, fax or registered mail. The Issuer is in charge of the file on the administrative level and retains all the data during 18 (eighteen) months. Upon written request of the User and before the expiration of such a deadline, the Issuer will communicate a copy of this objection request. 

Any objection request shall be confirmed without delay by the concerned User with a declaration signed by this latter, handed over or sent by registered mail, or email, to the Issuer at the post address hereby mentioned in the letterhead or at the following address service.utilisateurs@tipeee.com.

The Issuer and the Distributor shall not be held liable for the consequences of an objection made by fax or email by a person who is not the User.

An objection request is deemed to be done at the date of the effective receipt by the Distributor. In case of theft or fraudulent use of the Login, the Issuer is entitled to request a receipt or a copy of the complaint to the User who is committed to respond as soon as possible.

      5.2 Challenge of a Transaction

For any claim concerning transactions executed hereunder by the Issuer, such as a Payment Transaction or any debit taken from or credit transaction made to the User's Account, regarding especially a purchase of Electronic Money, a Withdrawal or a Reimbursement (hereafter a "Transaction"), the User may contact the Distributor's Customer Service or write to any address indicated for that purpose in the General Conditions of the Website.

The User who wishes to challenge an unauthorized or poorly performed transaction must transfer his/her request to the Distributor as soon as possible and within 13 months from the date of transfer of Electronic Money (a "Challenge"). 

The liability of the Issuer shall not be invoked in case of any fault of the User, wilful default or gross negligence to his/her obligations, late transfer of the challenge or in bad faith.

After the validation of the Challenge by the Issuer, the latter will be in charge of re-instating as a temporary credit of Electronic Money units the Electronic Money Account in the condition that it was in before the realisation of the disputed transaction.

      5.3 Reporting

The Issuer will maintain in its books the account of Electronic Money within 13 (thirteen) months from the date of each Payment Transaction by Electronic Money in order to deal with any Challenge. The User may obtain online at any time on the Website a detailed statement of his/her Payment Transactions realized by Electronic Money.

After the execution of each Transaction, the User will receive by email from the Distributor the following information: 

- a) a reference to identify the relevant Transaction;
- b) information concerning the parties involved in the relevant Transaction, as the case may be;
- c) the amount of the relevant Transaction and the purpose of the relevant transaction, as the case may be;
- d) the date of receipt of the corresponding order and/or the date on which the corresponding amount in Electronic Money is transferred, as the case may be;

6. Amendment to the Contract


The Issuer retains the right to modify the General Conditions of Use at any time. Such amendments are made available by the Distributor to all Users at the address provided at their registrations. Any User may refuse the amendments proposed and must notify his/her refusal to the Distributor's Customer Service by registered letter with acknowledgement of receipt before the date of effectiveness of the amendments (stamp of postal office as a proof) at the address of the Distributor: Tipeee, 20 rue du Sentier – 75002 Paris, France. 

In the event of failure to notify his/her refusal before the date of effectiveness, or failing that, before a 7 (seven) day period after they are posted on the Website, the User shall be deemed to have accepted the amendments proposed. The relationship between the Parties after the date of effectiveness shall be governed by the new version of the General Conditions of Use. 

It is therefore important that the User reads his/her emails and reads regularly the General Conditions of Use available online on the Site at any time. 

In case of refusal by the User of the amendments, he/she has the right to obtain the termination of the General Conditions of Use, without any fees, and the Reimbursement of the units of Electronic Money that he/she owns.

7. Liability of the Issuer under the access to the Site


The Issuer shall not be held liable to the Users for errors, omissions, interruptions or delays of the transactions executed through the Website resulting in an unauthorized access to the Website. Moreover, the Issuer shall not be held liable for thefts, destructions or unauthorized communications of data resulting from unauthorized access to the Website. 

The Issuer retains the right to temporarily suspend the online access to the Account for technical or maintenance reasons without any compensation. He undertakes to limit this type of interruption to a strictly minimum.

The Distributor undertakes to do its best to insure the safety and the confidentiality of the data exchanged under the use of the Website in accordance with the General Conditions of the Website, while the Issuer is in charge of the security and the confidentiality of data it hereby exchanges with the User regarding the creation and the management of the Account and the Transactions concerning this Account.

8. Exemption case of liability of the Issuer


The Issuer does not exercise any control on the compliance, security, legality, characteristics and adequate character of the products or services, which are underlying to the Transactions. In this respect, the User shall collect all the useful information before purchasing the products with full knowledge of the facts. Each purchase made by the User gives rise to a contract directly created between the User and the vendor to which the Issuer is not concerned. Therefore, the latter cannot be held liable for the non-performance or poor performance of the obligations resulting therefore, nor for potential damages caused to the User as such. 

Notwithstanding any clause to the contrary in this Contract, the liability of the Issuer towards a User is limited to the repair of damages directly caused by the non-performance of a contractual obligation under this contract. 

9. Commitment of the User


The User guarantees that nothing in his/her profile on the Site shall affect third party rights or is contrary to law, public order and good conduct.

He/she undertakes not to:

• Perform the Contract in an illegal manner or within conditions which may damage, deactivate, overload or affect the Site;
• Appropriate illegally the identity of any other person or entity, falsify or withhold your identity, your age or create any false identity;
• Distribute personal data or information about a third party, such as postal address, phone number, email address, credit card numbers, etc.;

In case of default to these obligations, the Issuer retains the right to take every appropriated measure in order to stop the concerning behaviour. It therefore retains the right to delete or remove any content or information considered as inappropriate. It can also suspend and cancel his login and block the access to his/her Account. 

Without prejudice to proceedings brought by third parties, the Issuer has the right to bring legal action in its own name in order to repair the prejudice personally suffered due to breaches that are attributable to it under this Contract.

If the User notes a breach of obligations above mentioned, he/she is invited to report such acts to us by contacting the Customer Service at this following email address: contact@Leetchi-corp.com. 

10. Duration of the General Conditions of Use and cancellation

The General Conditions of Use are entered into for an undetermined period of time from the creation of the Login or the express approval of the User by the Issuer. The User can at any time and respecting a notice period of 30 (thirty) calendar days, proceed to the Termination of the General Conditions of Use. Such termination shall constitute also the termination of the entire Contract. In order to accomplish the termination, the User must transmit his/her notice to the Customer Service by registered letter with acknowledgment of receipt at the following postal address: Tipeee, 20 rue du Sentier – 75002 Paris, France.

The User will have to communicate the bank account details allowing the Issuer to reimburse to the User the Electronic Money which is credited to his/her Account. In the absence of such information, the Issuer shall follow the Reimbursement instructions entailing the reimbursement by credit on the Credit Card used for the purchase of the Electronic Money. The Issuer is discharged of any obligation after having confirmed to the User the transfer to the bank account indicated or the credit on the Credit Card of the amount of the Electronic Money reduced of the corresponding fees. 

In case of gross default, fraud or lack of payment from it, the Issuer retains the right to suspend these provisions by sending an email accompanied eventually by a registered letter with acknowledgement of receipt. The termination shall entail the removal of the Account, and, as the case maybe the reimbursement of the Users. These Reimbursements may in certain case be blocked according to the legislation of anti-money laundering and financing of terrorism.

The termination of the General Conditions of Use on the initiative of the Issuer cannot entail any right to compensation to the benefit of the User, the Distributor or the Beneficiary. The Distributor shall be notified one (1) month before from the mailing date of a letter with acknowledgement of receipt.

11. Right of withdraw

The User has a deadline of 14 (fourteen) calendar days to pursue his/her right of withdrawal, without having to neither justify any motive nor sustain any penalty. This deadline for withdrawal shall be computed from the day of its registration as a User.

The User must notify his/her request of withdrawal within the deadline prescribed to the Customer Service of the Distributor by telephone or by email and submit a confirmation letter at the postal address of the Customer Service of the Distributor.

12. Rules regarding Anti-money laundering and combating the financing of terrorism

The Issuer is subject to the entire French and Luxembourg legislation regarding anti-money laundering and combating the financing of terrorism.

In application of the provisions of French and Luxembourg law, relating to the participation of financial institutions in the anti-money laundering and combating the financing of terrorism, the Issuer must obtain information from any User for any transaction or business relationship of the origin, purpose and destination of the transaction or the opening of an account. In addition, it must make all the audit necessary to the identification of the User and, as the case maybe the effective Beneficiary. The latter undertakes to make all audit to allow the Issuer to realize a close examination of the transaction, to inform him/her about any exceptional transaction compared to the usual transactions registered under these rules and to provide him/her with any document or information required.

The User recognizes that the Issuer can stop or delay at any time the use of a login, the access to an Account or the execution of a transaction or a Reimbursement in the absence of sufficient element about its purpose or nature. He/She is informed that a transaction executed under these rules may be subject to the exercise of the right to communicate to the national financial intelligence unit.

The User can, in accordance with the legislation, access all this information communicated subject to such right of access does not challenge the purpose of anti-money laundering and combating the financing of terrorism, where this data concerns the claimant.

No pursuit and no action of tort can be brought or professional sanction taken against the Issuer, its managers or agents who have reported their suspicions in good faith to the national authority.

13. Personal data and obligation of confidentiality

The User agrees that contact details and personal information about him/her be communicated to the companies of the group to which the Issuer belongs as well as operational service with whom it is in a contractual relationship for the purpose of the execution of transactions and services offered subject to the third parties recipients of personal data be subject to rules ensuring adequate level of protection as defined in the French and Luxembourg Law. The list of the third parties recipients of information protected by the obligation of confidentiality is available by simple request from the conformity manager of the Issuer. This information is stored by the latter or by any company authorized to do so, in accordance with legal and regulatory rules.

He/she may at any time object to receiving commercial solicitation, have his or her contact details amended, object to their disclosure by notifying by registered letter or e-mail followed by a request of receipt to the customer service of the Issuer. This letter shall indicate his/her last name, first name and Login. In accordance with the applicable regulation, such letter must also be signed, accompanied with the photocopy of an identity document containing the signature of the User and indicate the address where he/she wishes to receive the response. A response will be sent to the address indicated within a period of 2 (two) months following the receipt of the request.

The Issuer will store the information and personal data within the maximum legal or regulatory period applicable depending on the purpose of each data processing.

The conditions of collection, possession and access to personal data collected by the Issuer and under its responsibility regarding the access to the Website, are governed by the General Conditions of the Website and the privacy policy, which is published on the Website.

14. Inactive account

The Issuer and the Distributor have the right to close Accounts that have been inactive for more than 24 months.

15. Force majeure

The Parties shall not be held liable or considered to have failed under these rules in case of late or nonperformance when their cause is related to a force majeure situation as defined by the case law of the French courts. 

16. Independance of contractual rules

If any provision of these rules is considered null or without object, it will be deemed to be unwritten and will not entail the nullity of the other provisions.

If one or several provisions of these rules become lapsed or are considered lapsed further to the application of a law, a regulation or following a final decision granted by a competent jurisdiction, the other provisions will keep their binding force and scope. The provisions declared null and void will be replaced by provisions which will approximate the most with respect to their meaning and scope from the originally agreed provisions.

17. Protection of deposits

The funds of the Users are deposited at the end of each business day in an account opened with a Bank and are ring fenced by it.

18. Unassignability

The Contract shall not be subject to a total or partial transfer by the User, for valuable consideration or for free. It is further prohibited to transfer to a third party any rights or obligations that it owns under these rules. In case of breach of this prohibition, in addition to the termination of these rules, its liability may be triggered by the Issuer or the Distributor.

19. Fees

The fees related to the creation and management services of the account are invoiced by the Issuer to the Distributor and are included in the Transaction Fees indicated in the General Conditions of the WebSite.

20. Agreement of proof

All data included in a permanent, reliable and secure manner in the computer database of the Issuer relating, in particular, to the payment orders and confirmations received by the User, to the notices sent, access, Withdrawal, Reimbursement will prevail between the parties until proven otherwise. 

21. Application Law and competent jurisdiction

Save for the case of application of a public policy law (which will apply within the strict limits of its purpose), it is expressly stipulated that the Contract is subject to French law and that any litigation between the Parties under this latter shall be subject to the jurisdiction of the competent French courts.