GENERAL CONDITIONS OF USE OF ORIGINAL SOURCE (participatory finance solution)
Last updated: December 24, 2016
PREAMBLE
The ORIGINAL SOURCE service allows a PROJECT CARRIER to promote and develop his activity thanks to a FINANCE PARTICIPATIVE operation.
The PROJECT CARRIER solicits from the Net surfers CONTRIBUTIONS most often financial in the form of GIFTS, PRE-PURCHASES, but also contribution of SKILLS subject to the respect of the regulations in force.
To do this the PROJECT CARRIER uses ORIGINAL SOURCE.
THESE TERMS AND CONDITIONS OF USE AVAILABLE ON THE SITE ARE INTENDED TO DEFINE THE TERMS AND CONDITIONS OF ACCESS AND USE OF THE ORIGINAL SOURCE SERVICE AND TO DEFINE THE ROLE AND OBLIGATIONS OF EACH ONE.
BY ACCEPTING THE USE OF THE ORIGINAL SOURCE SERVICE, EXPRESSLY ACKNOWLEDGES THAT THEY EXPRESSLY PROVIDE FOR THE ACKNOWLEDGMENT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE MIPISE SERVICE - TECHNICAL SOLUTION OF PARTICIPATIVE FINANCE - ACCESSIBLE ON THE SITE AT THE ADDRESS https://www.mipise.com/en/ AND THOSE OF THE LEMONWAY PAYMENT SERVICE ACCESSIBLE TO THE ADDRESS https://www.lemonway.fr/cgu THE USER MUST READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND UNDERSTAND THEM. BY ACCEPTING THEM, IT IS COMMITTED TO COMPLY WITH THE TERMS AND CONDITIONS.
THE USER MAY AT ANY TIME CONSULT THEM, REPRODUCE THEM, STORE IT ON HIS COMPUTER, ON ANOTHER SUPPORT, PRINT THEM ON PAPER SO THAT THEY CAN BE CONSERVED.
USERS, IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS PRESENTED OR DO NOT WISH TO RESPECT THEM, DO NOT ACCEPT THEM, BUT YOU MAY NOT BE ABLE TO RECEIVE THE SERVICES OFFERED BY ORIGINAL SOURCE ! 1. DEFINITIONS For the purposes of these terms and conditions of use of the SOURCE ORIGINELLE platform, the following words have, when used in capital letters, and unless the context requires a different interpretation, the following meaning:
- AFFILIATE: Partner of the PROJECT CARRIER whose mission is to promote the campaign (s) of PARTICIPATIVE FINANCE. He may receive a remuneration from the PROJECT CARRIER.
- BENEFICIARY EFFECTIVE - The one who benefits directly from the funds; it can therefore be distinct from the PROJECT CARRIER
- COLLECTION: Amount of funds sought by the FINANCE PARTICIPATIVE operation. The attributes of the COLLECTION are its duration and its amount. They are freely set by the PROJECT CARRIER within the limits imposed by the regulations.
- COUNTERPARTS (see AWARDS). COUNTERPARTIES may be material or immaterial.
- CONTRIBUTOR (or DONOR or PURCHASER or contributor in MECHANITY OF COMPETENCE): any natural or legal person who participates in the financing of a PROJECT by paying a CONTRIBUTION (a DONATION, a PREACHING, or by making a contribution in the form of MECENAT OF COMPETENCE).
- CONTRIBUTION (DONATION or PREACHING): the CONTRIBUTION is most often the sum of money paid by the CONTRIBUTOR to finance a PROJECT.
- CROWDWIDGET: Presentation interface of PROJECT intended to be integrated on a website or relayed on social networks. The use of the ORIGINAL SOURCE CROWDWIDGET provides access to all the technical features available on the Mipise technology platform, provider of the SOURCE ORIGINELLE crowdfunding site.
- DONOR (see CONTRIBUTOR)
- DONATIONS (see CONTRIBUTION)
- CONTRIBUTOR SPACE: interface allowing the CONTRIBUTOR to consult and manage his profile.
- PROJECT CARRIER SPACE: interface allowing the PROJECT CARRIER to consult, to parameterize and / or to manage the PROJECT of the ORIGINAL SOURCE PLATFORM.
- ESTABLISHMENT OF PAYMENT: LEMONWAY with ORIGINAL SOURCE backed.
- PARTICIPATIVE FINANCE (or CROWDFUNDING): PARTICIPATIVE FINANCE makes it possible to finance a project, a product, an event, an activity or a cause, where from now on the traditional financial circuits no longer fully respond. For the PROJECT CARRIER, PARTICIPATIVE FINANCE may be an opportunity to test and gauge the level of appetite for a project, product, event, activity or cause with a community, audience or buyers potential. For this audience or these potential buyers, the FINANCE PARTICIPATIVE satisfies strong societal trends that combine the use of the internet and social networks and the aspiration to feelings of belonging, proximity, trust or even passion. The FINANCE PARTICIPATIVE operation may take the form of a DON, LOAN, PREACHAT transaction or a combination of these forms.
- MANAGER OF THE PLATFORM. The PLATFORM MANAGER is ORIGINAL SOURCE.
- MECHANISM OF COMPETENCE (or crowdsourcing): consists in providing time, services and / or resources, services and / or skills to carry out actions most often of general interest. The MECHANISM OF COMPETENCE does not result in the payment of financial contributions.
- FINANCIAL OBJECTIVE: amount to be raised for the implementation of the PROJECT.
- PARTNER: Partner of the PROJECT CARRIER by the latter paid to participate in a campaign of PARTICIPATIVE FINANCE.
- PARTICIPATORY FINANCE PLATFORM: Platform that presents and manages several FINANCE PARTICIPATIVE projects at the same time. The platform receives remuneration from the PROJECT CARRIER.
- PREACHAT: Operation of FINANCE PARTICIPATIVE allowing to reserve a product or a service before its commercialization.
- CONTRIBUTOR PAYMENT ACCOUNT: CONTRIBUTOR account managed by PAYMENT ESTABLISHMENT, attached to an IBAN or a credit card number. It allows the CONTRIBUTOR to contribute to the PROJECT.
- PROJECT HOLDER PAYMENT ACCOUNT: PROJECT HOLDER account managed by PAYMENT SCHEDULE, attached to an IBAN or a credit card number. It allows the PROJECT CARRIER to collect the sums of the CONTRIBUTORS.
- PAYMENT ACCOUNT of the PLATFORM MANAGER: account of the PLATFORM MANAGER managed by PAYMENT ESTABLISHMENT, attached to an IBAN or a bank card number. It allows the LAPLATE MANAGER (S) to collect commissions for the service rendered to the PROJECT CARRIER.
- PAYMENT ACCOUNT of the PARTNER or the AFFILIATE: account of the PARTNER or AFFILIATE managed by PAYMENT ESTABLISHMENT, attached to an IBAN or a credit card number.
- PROJECT CARRIER: the one who initiates and carries the PROJECT.
- PROJECT: The PROJECT is any event, activity, product, service, cause that the CUSTOMER of SOURCE ORIGINAL wishes to finance by a transaction of FINANCE PARTICIPATIVE. The characteristic elements of a PROJECT are: • Its purpose • The amount of the FINANCIAL OBJECTIVE • The duration of the COLLECTION • The different modes of CONTRIBUTIONS possible (DONATION, PRESERVATION, Pre-purchase, Patronage of skills) • REWARDS (or COUNTERPARTS) allocated to CONTRIBUTIONS • The unconditional or unconditional nature of the payment of the funds collected to the PROJECT CARRIER, depending on the achievement of the objectives of the campaign.
- PROVISION: Sum paid by the PROJECT HOLDER on his / her payment account in order to collect commission fees.
- PROJECT with CONDITIONED DELIVERY OF COLLECTED FUNDS: PROJECT for which the provision of funds collected to the PROJECT CARRIER depends on the success conditions of the FINANCE PARTICIPATIVE campaign. During the COLLECTION period, the funds collected are kept on the CONTRIBUTOR'S PAYMENT ACCOUNT. It is specified that when the CONTRIBUTOR chooses to grant a CONTRIBUTION to the PROJECT HOLDER or an EFFECTIVE BENEFICIARY, he gives a payment order to MIPISE for the benefit of the PROJECT CARRIER or an EFFECTIVE BENEFICIARY. This payment order is irrevocable but will only be executed by MIPISE if the event described below is performed. It is therefore well understood between the parties that the payment order given under these conditions can no longer be called into question, only the non-realization of the following event may frustrate its execution by MIPISE: At the end of the COLLECTION, the OBJECTIVE is reached in the given time (that is to say, case of success of the campaign FINANCE PARTICIPATIVE). At the end of the COLLECTION, if the PURPOSE of the campaign is not reached, the PROJECT CARRIER or the EFFECTIVE BENEFICIARY has the faculty, under conditions envisaged ab initio to postpone the contribution on equivalent projects.
- PROJECT without CONDITIONED PROVISION OF COLLECTED FUNDS: PROJECT for which the collected funds are definitively and irrevocably transferred to the PROJECT CARRIER regardless of the achievement of the objectives of the PARTICIPATIVE FINANCE campaign.
- REWARDS (or COUNTERPARTIES): REWARDS are the COUNTERPARTS received by the CONTRIBUTORS in exchange for their CONTRIBUTIONS. They are set by the PROJECT CARRIER and are most often based on the amount of the CONTRIBUTIONS. They also concern the purchase of products on preferential terms in PREACHATURE operations which participate in the category of gifts with counterparties.
- USER OF PAYMENT ACCOUNT: PROJECT CARRIER, CONTRIBUTOR, PARTNER or AFFILIATE.
- VOTE: possibility of carrying out a voting campaign on a project before launching a campaign.
- REGISTRATION TO THE ORIGINAL SOURCE SERVICE The ORIGINAL SOURCE USER must provide at least:
- A nickname
- an e-mail address As soon as the USER of the ORIGINAL SOURCE SERVICE wishes to open a payment account, additional information is required to comply with the regulations. At the time of registration, a USER SPACE is made available to the USER of the ORIGINAL SOURCE SERVICE in which he / she may in particular load his / her supporting documents.
- OPENING A PAYMENT ACCOUNT 3.1.Any natural person wishing to open a payment account must provide:
- His name and his name
- A valid e-mail address
- His date of birth
- His postal address
- Her nationality
- His country of residence 3.2.Any legal entity wishing to open a payment account must provide:
- The legal name of the legal person
- A valid e-mail address of the legal person
- Proof of identity of the officer or the person empowered to bind the legal person in the context of the operations carried out. 3.3.Every USER of the ORIGINAL SOURCE SERVICE declares that all information provided is true and correct to date.
- RULES FOR USING THE PAYMENT ACCOUNT Specific regulatory conditions are laid down in the field of customer knowledge (KYC-Know Your Customer, namely the customer due diligence obligations set out in Articles L. 561-5 et seq. Of the CMF). "Knowledge of the customer "(Or the beneficial owner of the relationship) ensures the identity of the person who pays the funds but also the origin of funds and the merits of operations. This knowledge of the customer takes place before entering business relationship. Constant vigilance is exercised throughout the duration of the business relationship. 4.1. A USER must systematically provide documentary evidence of his identity and his function for any transaction of an amount greater than or equal to € 250 or of a total of transactions executed during a year of a greater or equal amount to 2500 euros or, starting from the first euro if he is PROJECT CARRIER or EFFECTIVE BENEFICIARY. MIPISE however reserves the right to request information of the same nature below these thresholds. The nature of the supporting documents to be provided depends on the status of the USER: 4.1.1.Personal person: • a copy of a valid official identity document: copy of the French identity card (recto-verso) in color or copy of the page with the photo of the passport in color, or residence permit in color + a second ID, in color for residents Outside France • proof of residence of less than three months for French citizens from:
- an energy supplier,
- a telephone operator (fixed line),
- home insurance
- a rent receipt or less than one year concerning:
- the income tax notice
- the housing tax • A RIB in his name - The RIB is asked from the outset to the PROJECT CARRIER or BENEFICIARY EFFECTIVE- It is requested only later to the CONTRIBUTOR-DONOR if and only it wishes to operate a cash out of his account of payment 4.1.2.Professional (Self-employed, craftsmen, liberal professions, one-person company, ...) • a copy of the latest certified bylaws to the original of the corporation (including the division of powers), • a K-BIS extract less than 3 months old, • a copy of an official identity document of the current officer: copy of the French identity card (recto-verso) in color or copy of the page with the photo of the passport in color, or residence permit in color + a second piece of identity, in color for residents Outside France • a proof of address of the leader of less than three months from
- an energy supplier,
- a telephone operator (fixed line),
- home insurance
- a rent receipt or less than one year concerning:
- the income tax notice
- the housing tax • A RIB on behalf of the company • NB: if the company has more than one person holding more than 25% of the capital, it is necessary to provide a copy of the double-sided ID of each partner holding more than 25% of the company. 4.1.4. Association • a copy of the insertion in the Official Journal (http://www.journal-officiel.gouv.fr/associations.html), • a copy of the official registration number of the association, • a copy of the latest certified statuses in accordance with the original • a copy of a valid official identity document of the President or Treasurer of the association: for French citizens, copy of the French identity card (recto-verso) in color or copy of the page with the photo of the passport, in color, same for foreigners residing in France or abroad. • proof of residence of the president or treasurer of less than three months from:
- an energy supplier,
- a telephone operator (fixed line),
- home insurance
- a rent receipt or less than one year concerning:
- the income tax notice
- the housing tax • A RIB on behalf of the association 4.1.5. collectivity • A copy of an official document of identity of the person in charge of the management of the payment account on behalf of the commune, valid: copy of the identity card French (recto-verso) in color or copy of the page with the photo of the passport in color, or residence permit in color + a second piece of identity, in color for residents Outside France • A proof of address of the president or treasurer of less than three months from:
- an energy supplier,
- a telephone operator (fixed line),
- a rent receipt
- or less than one year from the income tax or housing tax notice • Official document certifying that the identified person is authorized to manage the payment account 4.2. MIPISE reserves the right to request the communication of any other document or information, in order to carry out verifications useful to the respect of the legal obligations, in particular in the fight against money laundering. 4.3. Lightened diligences can be set up with occasional customers and are based on the respect of specific rules, particularly the non-crossing of threshold (transaction amount of less than € 15,000 - CMF article R561-10). 4.4. THE USER OF THE ORIGINAL SOURCE SERVICE is warned that the opening of a payment account may be refused by MIPISE (where applicable the account may be closed) if it is considered as a politically exposed person, in case of freezing assets on his person, risk deemed high, positive control anti-money laundering, proven fraudster, making use of forged, minor without parental permission etc ... 4.5. The USER of the ORIGINAL SOURCE Service is warned that the documents used for its identification can be kept for 5 years. 4.6. Any modification of the last name or first name initially entered by a user of the platform invalidates the procedure of identification of the user.
- CLOSING A PAYMENT ACCOUNT 5.1. When a user is not party to a current transaction, he may at any time close his account. Otherwise, he will have to wait for the end of the transaction (for example, the end of the loan agreement) to be able to close it. The closing of the PAYMENT ACCOUNT results in the refund, if any, of the sums appearing on this account. 5.2. To close your account, you must send an e-mail address indicating your intention to close your account. It should be attached to this email if it has not been done a bank account statement (RIB) if there is a positive balance of the payment account. Within a maximum of 30 days, a confirmation email is sent confirming the closing of the account and the transfer of the balance
- CLOSING A PAYMENT ACCOUNT 6.1. A PROJECT CARRIER who decides to conduct his PARTICIPATIVE FINANCE campaign directly with ORIGINAL SOURCE accesses the ORIGINAL SOURCE SERVICE via the internet address https://www.sourceoriginelle.net/univers-offres after registering on the site. When registering, the PROJECT CARRIER undertakes to provide accurate data and is required to complete all mandatory fields on the registration form. Once the form is completed and validated, SOURCE ORIGINELLE sends an email confirming the request. 6.2. The provision of the ORIGINAL SOURCE SERVICE is subject to the conclusion of a separate contract between SOURCE ORIGINELLE and the PROJECT CARRIER or by default by the acceptance of these Terms of Use. 6.3. The use of the ORIGINAL SOURCE SERVICE by a PROJECT CARRIER is carried out via the link "propose your project" after registration on the site. 6.5. ORIGINAL SOURCE reserves the right to suspend access to the PLATFORM services in the event of a breach by a USER of the MIPISE SERVICE to the obligations of these Terms and Conditions, without this entitling him to any compensation in case of prejudice.
- ACCESSIBILITY OF THE ORIGINAL SOURCE SERVICE 7.1. A PROJECT CARRIER who decides to conduct his PARTICIPATIVE FINANCE campaign directly with ORIGINAL SOURCE accesses the ORIGINAL SOURCE SERVICE via the internet address https://www.sourceoriginelle.net/univers-offres after registering on the site. When registering, the PROJECT CARRIER undertakes to provide accurate data and is required to complete all mandatory fields on the registration form. Once the form is completed and validated, SOURCE ORIGINELLE sends an email confirming the request. 7.2. PROJECT HOLDERS who wish to promote their PROJECT and obtain funding, submit a presentation detailing the nature, the objectives, the main characteristics and the progress of the PROJECT that they intend to develop with the support of CONTRIBUTORS. 7.3. The PROJECT is subject to the prior acceptance of SOURCE ORIGINELLE without obligation to justify its refusal and without guaranteeing the CONTRIBUTOR in any way about the success of the PROJECT or the authenticity of the information presented by the PROJECT CARRIER. SOURCE ORIGINELLE's role is essentially to verify the consistency and quality of the PROJECT and is not intended to control the viability, feasibility or authenticity of the PROJECT. Once put on line on the Site, the PROJECT will not be able to be modified except to make corrections which have for object only to improve the presentation of this one. 7.4. The provision of the ORIGINAL SOURCE SERVICE is subject to the conclusion of a separate contract between SOURCE ORIGINELLE and the PROJECT CARRIER or by default by the acceptance of these Terms of Use. 7.5. The use of the ORIGINAL SOURCE SERVICE by a PROJECT CARRIER is carried out via the link "propose your project" after registration on the site. 7.6. SOURCE ORIGINELLE reserves the right to temporarily suspend access to platform services for technical reasons or maintenance without this entitling to any compensation in the event of loss ORIGINAL SOURCE is committed to minimizing interruptions service for technical reasons or maintenance. 7.7. ORIGINAL SOURCE reserves the right to suspend access to the PLATFORM services in the event of a breach by a USER of the MIPISE SERVICE to the obligations of these Terms and Conditions, without this entitling him to any compensation in case of prejudice.
- DONKEY WITH OR WITHOUT COUNTERPART The definition of the PROJECT, its implementation, its success or failure, the issuance of the COUNTERPARTIES, as well as the legal and financial management of the PROJECT are the responsibility of the PROJECT CARRIER. 8.1. The CONTRIBUTOR chooses the amount of its CONTRIBUTION and, if applicable, the associated COUNTERPART (or AWARD), according to the characteristics fixed by the PROJECT CARRIER, it being specified that the amount of the CONTRIBUTION paid must be equal to or greater than the value of the COUNTERPART selected. Secure payment by credit card is made through PAYMENT INSTITUTION. 8.2. The amount of the CONTRIBUTION is kept in the CONTRIBUTOR PAYMENT ACCOUNT managed by the PAYMENT DEPARTMENT in accordance with the LEMONWAY Terms and Conditions of Service until the transfer to the PROJECT HOLDER PAYMENT ACCOUNT. This transfer may be immediate. 8.3. The consent of the CONTRIBUTOR to the payment of his CONTRIBUTION is deemed given at the time of the transmission of the payment instruction. 8.4. The expenses related to the ORIGINAL SOURCE Service are the responsibility of the PROJECT CARRIER. 8.5. CASE OF A PROJECT TO MAKE AVAILABLE COLLECTED FUNDS CONDITIONED BY MEETING THE OBJECTIVES OF THE CAMPAIGN 8.5.1. The outcome of the PROJECT is assessed exclusively according to the OBJECTIVE and the expected duration of the COLLECTION. The success of the PROJECT is deemed acquired when the FINANCIAL OBJECTIVE of the COLLECTION is reached in amount and within the deadlines. It is recalled that when the CONTRIBUTOR chooses to grant a CONTRIBUTION to the PROJECT HOLDER, it gives a payment order in MIPISE for the benefit of the PROJECT CARRIER. This payment order is irrevocable but will only be executed by MIPISE if the event described below is performed. It is therefore well understood between the parties that the payment order given under these conditions can no longer be called into question, only the non-realization of the following event may frustrate its execution by MIPISE: At the end of the COLLECTION, the OBJECTIVE is reached in the given time (that is to say, case of success of the campaign FINANCE PARTICIPATIVE). At the end of the COLLECTION, if the OBJECTIVE of the campaign is not reached, the PROJECT CARRIER has the faculty, under conditions provided ab initio to postpone the contribution on equivalent projects. 8.5.2. In case of success of the PROJECT : • When the FINANCIAL OBJECTIVE is reached, the CONTRIBUTION is definitively acquired to the PROJECT CARRIER and the CONTRIBUTOR can no longer request a refund. • The CONTRIBUTION is transferred to the PROJECT CARRIER PAYMENT ACCOUNT no later than 15 calendar days after the end of the campaign. • It is up to the PROJECT HOLDER according to the modalities he has defined, to proceed with the delivery of the COUNTERPARTIES. 8.5.3. In the event of failure of the PROJECT: If the FINANCIAL OBJECTIVE is not reached, the PROJECT is not realized. The PROJECT CARRIER notifies to the CONTRIBUTOR by e-mail the failure of the PROJECT and requests its instructions, namely : • Keeping the amount of the CONTRIBUTION on the PAYMENT ACCOUNT • Assignment to another PROJECT • The total or partial repayment of the sums paid. 8.5.4. The PROJECT CARRIER has the possibility to extend the duration of the campaign once. In this case and before the planned end of the campaign, he notifies by email to all CONTRIBUTORS his wish to extend the campaign. 8.5.5 CONTRIBUTORS who do not wish to continue their support to the PROJECT CARRIER may apply for a refund without charge from their CONTRIBUTOR SPACE. 8.6. PROJECT OUTCOME: CASE OF A PROJECT WITH CONTRIBUTIONS NOT CONDITIONED BY MEETING THE OBJECTIVES OF THE CAMPAIGN In the case of PROJECTS NOT CONDITIONED BY ACHIEVING THE CAMPAIGN'S OBJECTIVES, the funds collected are immediately and irrevocably transferred to the PROJECT HOLDER's payment account. In the event that the OBJECTIVE of the campaign is not reached, the PROJECT CARRIER is expressly mandated by the CONTRIBUTOR to allocate under the conditions foreseen ab initio the CONTRIBUTION on projects defined as equivalent by the PROJECT CARRIER.
- FREE LOAN CAMPAIGN OR LOAN CAMPAIGN WITH INTERESTS 9.1 ORIGINAL SOURCE does not open the crowdfunding site for loan campaign projects for free or with interest.
- CAPITAL CAMPAIGN (SECURITIES)
- SOURCE ORIGINELLE does not open the crowdfunding site for equity campaign projects (Titles).
- CANCELLATION OF CONTRIBUTIONS PAID AND WITHDRAWAL OF MONEY AMOUNTS FROM A PAYMENT ACCOUNT
- The withdrawals of the sums available on a payment account are above € 25 without charge. Withdrawals from a CONTRIBUTOR payment account (refund to your bank account / transfer to another payment account) are made within 15 calendar days.
- CAMPAIGN MECHANITY OF COMPETENCE
- The PROJECT CARRIER has the possibility to ask the CONTRIBUTOR, any expertise, competence, know-how that this one is a physical or moral person. This skills sponsorship campaign can be included in the crowdfunding campaign for donations, counterparties or pre-reservation or pre-purchase of products and services offered by the PROJECT CARRIER. The parties to the implementation of a skills sponsorship campaign agree on the terms of this sponsorship of skills.
- THE OBLIGATIONS OF THE USER OF THE ORIGINAL SOURCE SERVICE 13.1. Every USER of the ORIGINAL SOURCE SERVICE expressly undertakes:
- not to record any link, message, image, text, video, animation sounds or program that does not comply with French law,
- not to register or promote themes, content or links that are expressly prohibited and that may infringe on the copyrights or the rights to the image or privacy of others,
- not to register or promote topics that could relate to the exploitation of minors, which would consist in using pornographic images of minors, degrading images of the body of the man or the woman, to insult, to defame , utter homophobic, denial or anti-Semitic statements, provoke or incite hatred, violence, racism, suicide or, more generally, incite to any crime or offense,
- to obtain prior authorizations for data protected by the right of ownership,
- to obtain prior authorizations from rightholders under the legal conditions before any reproduction, representation and communication to the public,
- take care that URLs must respect trademark law and personality rights,
- to take responsibility for the texts, images, programs or sounds broadcast,
- to assume alone any direct or indirect material or bodily harm caused and to accept any dispute that may arise,
- to relieve MIPISE of any liability for damage caused by a breach of any of the foregoing commitments.
- RESPONSIBILITIES 14.1. For all its services, SOURCE ORIGINELLE is subject to an obligation of means and not an obligation of result. The SOURCE ORIGINELLE service is a technical service. Under no circumstances can SOURCE ORIGINELLE be held responsible for anything similar to a failure to provide advice. 14.2. SOURCE ORIGINELLE can in no way be held responsible for any damage that results partially or completely from non compliance with these Terms. 14.3. SOURCE ORIGINELLE is not responsible for the activities and information stored by the ORIGINAL SOURCE USERS or any USER of the ORIGINAL SOURCE service. 14.4. SOURCE ORIGINELLE cannot be held liable for the activities or information stored by the ORIGINAL SOURCE USERS, if it had no effective knowledge of their unlawful nature or if from the moment it became aware of it, it acted diligently to remove this data and / or to make access impossible. 14.5. Under no circumstances can SOURCE ORIGINELLE be held liable for direct and / or indirect damages, such as commercial prejudice, loss of customer base, any commercial disturbance, loss of profit, loss of brand image suffered by a USER, or by one third, and that could result from the services of SOURCE ORIGINELLE or the implementation or the unavailability of its service. Any action directed against a USER by a third party is considered indirect damage, and therefore does not give right to compensation. 14.6. THE USER OF THE ORIGINAL SOURCE SERVICE acknowledges that the warranties and limitations of liability set out above operate between the parties a reasonable allocation of risks and liabilities having regard to the context and financial conditions governing the provision of ORIGINAL SOURCE SERVICE. 14.7. It is specified that the content of the PROJECT, its presentation and the elements of its monitoring (news, etc.) are elaborated by the PROJECT CARRIER under its sole responsibility. SOURCE ORIGINELLE is not responsible for the delivery of the COUNTERPARTS or the delivery of PRODUCTS or BONUS purchased during a PRE-SHOP transaction 14.8. It is specified that the tax consequences of non-compliance with applicable regulations, including tax regulations, for example by the USERS of the ORIGINAL SOURCE SERVICE are the sole responsibility of the USERS. 14.9. A CONTRIBUTOR cannot seek the responsibility of SOURCE ORIGINELLE in case of failure of a PROJECT HOLDER to his obligations.
- ORIGINAL SOURCE REMUNERATION 15.1 ORIGINAL SOURCE has the possibility to recruit AFFILIATES that it will be able to pay or not in order to increase the volume of fundraisers of the campaign of the PROJECT CARRIER. 15.2 ORIGINAL SOURCE receives a remuneration from the PROJECT HOLDER whose conditions will be specified hereafter: 8% before taxes of the amount of the CONTRIBUTION LEVEE by the project leader. 15.3 ORIGINAL SOURCE will send before the beginning of any new campaign of FINANCE PARTICIPATIVE an email to the address that the PROJECT CARRIER will have indicated during its registration and which will take again the financial conditions which will have been specified above. The PROJECT CARRIER will acknowledge receipt of the email. 15.4 SOURCE ORIGINELLE reserves the right to ask MIPISE to directly collect from the PROJECT CARRIER the costs relating to financial transactions (commissions on the percentage of flows collected and fixed commission per transaction). These costs correspond to the provision of the payment solution by MIPISE to SOURCE ORIGINELLE. The costs will be levied over the water. In case of insufficient provision, the campaign will be suspended until regularization.
- OPPOSITION OR DISPUTE 16.1.In case of loss or theft of his identifier, misappropriation or any unauthorized use of it or its data, the USER of the PAYMENT ACCOUNT must inform MIPISE as soon as possible according to the terms and conditions set out in General conditions of use of the LEMONWAY service (the Issuer). This declaration must be made:
- by telephone call to the customer service of the distributor at number: (+33) (0) 6.58.30.93.19
- Or at: contact@mipise.com
- Or at: fraud@lemonway.fr It must be confirmed in writing at one of the following addresses: MIPISE- 40 rue des Roissys 92320 CHATILLON LEMONWAY-14 rue de la Beaune 93100 MONTREUIL The Issuer will immediately execute via MIPISE the request to set the Identifier concerned in opposition. The event will be recorded and timestamped.
- An opposition number with timestamp will be communicated to the USER OF THE PAYMENT ACCOUNT. A written confirmation of this opposition will be sent to the USER OF THE PAYMENT ACCOUNT concerned, by e-mail.
- The Issuer will take charge of the file administratively and will keep all traces of the incident for eighteen months. At the written request of the USER of the PAYMENT ACCOUNT and before the expiration of this period, the Issuer will communicate a copy of this opposition. Any request for opposition must be confirmed without delay by the USER of the PAYMENT ACCOUNT concerned by signed letter delivered or sent by registered mail, or by email to the Issuer at the postal address at the head of these or at the address of MIPISE. The Issuer and the Distributor cannot be held responsible for the consequences of an opposition by fax or e-mail, which does not emanate from the USER OF THE PAYMENT ACCOUNT. A request for opposition shall be deemed made on the date and at the time the Distributor receives the request. In the event of theft or fraudulent use of the Identifier, the Issuer is entitled to request, through the Distributor, a receipt or a copy of the complaint to the USER OF THE PAYMENT ACCOUNT who undertakes to respond to them as soon as possible. 16.2. In the event of dispute of a transaction of debit or credit on the PAYMENT ACCOUNT (Contribution, Cancellation, Refund), the USER OF the PAYMENT ACCOUNT is addressed to MIPISE. Any dispute of a transaction must be sent within 13 months from the date of the disputed transaction. The Issuer and the Distributor shall in no circumstances be held liable in the event of fault by the USER of the PAYMENT ACCOUNT of willful default or gross negligence of his obligations, late transmission of an opposition or a challenge or bad faith.
- CONSULTATION OF ACCOUNTS 17.1. CONTRIBUTORS, AFFILIATES OR PARTNERS may at any time consult the history of their account in their CONTRIBUTOR SPACE. 17.2. The PROJECT CARRIER can at any time consult the history of his account in his dedicated space. 17.3. The CONTRIBUTOR can at any time consult the history of his account in his dedicated space.
- PERSONAL DATA 18.1. The personal data collected and processed by ORIGINAL SOURCE are those that the USER OF THE ORIGINAL SOURCE SERVICE transmits voluntarily in particular via the registration forms. 18.2. THE USER OF THE ORIGINAL SOURCE SERVICE undertakes to provide accurate and up-to-date information and to inform SOURCE ORIGINELLE without delay of any modification of this information by sending an e-mail to contact@sourceoriginelle.fr, to carry out without delay delay all corresponding changes on his personal space. 18.3. The personal files have been declared to the CNIL under the number 2014846 v 0 pursuant to the law number 78-17 of January 6, 1978 relating to data, files and freedoms. In accordance with article 38 et seq. Of the aforementioned law, the surfer who has completed an online registration form has a right to information, opposition, access and rectification of data concerning him. His right is exercised by sending a letter by simple letter to the address of the head office indicated in the header of these, or by email to the following address: contact@sourceorignelle.fr and indicating his name, first name, date and place of birth, postal and electronic address and Identifiers. 18.4. THE PROJECT CARRIER has the faculty to use the e-mails of the contributors within the framework of the project for which they solicit financing. It is up to him to make a declaration CNIL. 18.5. None of the information transmitted by a USER of the ORIGINAL SOURCE SERVICE during the creation of his Individualized Space is visible to other USERS. This information is protected by a USER name and password so that only the ORIGINAL SOURCE SERVICE USER has access to his personal information. 18.6. The password of a USER is personal and confidential. THE USER OF THE ORIGINAL SOURCE SERVICE is solely responsible for the use of his password. THE USER OF THE ORIGINAL SOURCE SERVICE undertakes to keep his password secret and not to disclose it in any form whatsoever. In particular, he assumes responsibility for the use of his password by a third party for the execution of transactions. More generally, he is solely responsible for the use and preservation of the identifiers he has created. 18.7. Neither A PROJECT CARRIER nor anyone will ever ask a CONTRIBUTOR for his password via an unsolicited phone call or e-mail. In addition, the CONTRIBUTOR must not forget to disconnect from his CONTRIBUTOR Space or close his browser window after his work session. It will thus prevent people from accessing their personal information in the event of sharing a computer, or working in a personal, professional or public place.
- MODIFICATION OF THE GENERAL TERMS OF USE OF THE PLATFORM SOURCE ORIGINELLE reserves the right to modify these Terms of Use of the platform. In particular, given the extensions and possible improvements in the operation of the platform, it reserves the right to unilaterally modify these Terms of Use at any time, without notice. In particular, it is the responsibility of the CONTRIBUTOR to consult and accept the General Terms and Conditions of Use of the platform at the time of making a CONTRIBUTION. Each use of the SERVICE constitutes acceptance of the latest version of these Terms of Use of the platform. In the event of a significant change to these terms and conditions of use, the new terms and conditions will come into effect one month after their publication on the SOURCE ORIGINELLE website. The special conditions relating to these general terms and conditions and in particular the conditions relating to the financial conditions relating to article 19 cannot be modified for the current project campaigns.
- INTELLECTUAL PROPERTY 20.1 The content of the platform may not be modified, copied, distributed, framed or reproduced without the agreement of ORIGINAL SOURCE. 20.2 All proprietary rights relating to the computer programs as well as all the updates, new versions and copies of the programs made available to the USER of the ORIGINAL SOURCE SERVICE during use are the property of SOURCE ORIGINELLE.
- DURATION - SUSPENSION - TERMINATION These Terms and Conditions are applicable for an indefinite period. SOURCE ORIGINELLE reserves the right to terminate the SOURCE ORIGINELLE Service immediately and without notice, and to put an end to the collections in progress in the event of violation by the PROJECT HOLDER of the obligations incumbent on him under these general conditions and in particular those relating to paragraph 12.
- APPLICABLE LAW AND COMPETENT JURISDICTIONS It is expressly stipulated that these Terms and Conditions are governed by French law. Any dispute that arises during the execution of this contract will be submitted to the competent courts of Paris.
- LEGAL NOTICES ORIGINAL SOURCE Crowfunding is published by the company Comunethic whose head office is 23, square Edouard VII 75009 Paris - FRANCE
Last updated: December 25, 2016