GENERAL WEBSITE TERMS AND CONDITIONS OF USE
DATED November 3rd, 2015
- DEFINITIONS AND INTERPRETATIONS
- SITE AVAILABILITY SERVICE
- INTERMEDIATION AND INTRODUCTION SERVICE
- DONATION COLLECTION AND MONITORING SERVICES
- VALIDITY, MODIFICATIONS AND TERMINATION
- LIABILITY OF THE COMPANY
- APPLICABLE LAW – DISPUTE RESOLUTION
- LEGALLY REQUIRED INFORMATION
IT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THESE GENERAL WEBSITE TERMS AND CONDITIONS OF USE. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREINAFTER. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND YOU DO NOT WISH TO COMPLY WITH THEM, YOU MUST NOT ACCEPT THEM AND MAY NOT, AS A RESULT, USE THE SERVICES OFFERED BY THE COMPANY ON THE WEBSITE.
THE VALIDITY, INTERPRETATION AND PERFORMANCE OF THE GENERAL TERMS AND CONDITIONS IS SUBJECT TO FRENCH LAW. THEY ARE ORIGINALLY DRAFTER IN FRENCH. THIS TRANSLATION OF THE GENERAL TERMS AND CONDITIONS IS FOR INFORMATION PURPOSE. ONLY THE FRENCH TEXT WILL BE CONSIDERED AUTHENTIC IN THE EVENT OF A DISPUTE.
(A) These general website terms and conditions of use dated November 3rd, 2015 (hereinafter referred to as the “General Terms and Conditions”) set forth the terms and conditions applicable to access to the Services offered on the Site.
(B) The Site is the exclusive property of Kisskissbankbank & Co, a simplified French corporation (société par actions simplifiée) with share capital of € 3329, whose registered office is located at 34, rue de Paradis 75010 Paris, registered with the Paris Trade and Companies Registry under number 512 211 004 (hereinafter referred to as the “Company”). The name of the Company is also used as a trade name, as the name of the electronic Internet platform and to refer to the Services offered on the Site to Members.
(C) The purpose of the Services offered by the Company is to enable:
(i) intermediation between the Project Holders and the Kissbankers using the Internet platform managed by the Company in order to facilitate their interaction and promote the Projects presented on the Site, and
(ii) the collection of the Donations through intermediation of the Site in order to enable Kissbankers to support Project Holders and finance the completion of the Projects presented on the Site.
2. DEFINITIONS AND INTERPRETATIONS
For the purposes hereof, capitalized terms shall have the meaning given thereto below, unless the context requires otherwise:
“Association” means any non-profit charitable fund, foundation or association subject to the French Law of July 1, 1901;
“Business Day” means a day (other than a Saturday or a Sunday) when banks are generally open in Paris;
“Company” means Kisskissbankbank & Co, a simplified French corporation (société par actions simplifiée) with stated capital of € 3329, whose principal office is located at 34, rue de Paradis 75010 Paris, registered with the Paris Trade and Companies Registry under number 512 211 004. The Company is an agent of Ingenico FS and thus enables its Members to open an Electronic Money Account, acquire Electronic Money issued by Ingenico FS and use Electronic Money to carry out a Contribution to a Project;
“Donation or Contribution” means any amount in cash collected by Project Holders using the Site from Kissbankers to finance one or more Projects described on the Site;
“Donation Objective” means the Donations sought by the Project Holder to complete a Project that may be collected from KissBankers using the Site;
“Donation Period” means the period during which Kissbankers may contribute Donations using the Site and reach the Donation Objectives necessary to complete Projects;
“Entreprise” means any public or private law legal entity (other than an association);
“Follow the project”: KissBankers are allowed to follow projects without donation. They will be alerted on every post sent by the project holder.
“Force Majeure” means any fire, flood, natural event or other natural disaster, any declaration or progression of hostilities, war, riot or public disturbance, act or failure to act by a government or authority, breakdown, interruption, failure or change in telecommunications facilities or networks, or any other cause, whether or not similar to those listed above, outside the reasonable control of a party to an agreement that results in a breach or delay in the performance of its obligations under an agreement;
“General Terms and Conditions” means these general terms and conditions for site use applicable to Visitors that may be viewed on the Site by any Visitor and which said Visitors must accept in order to become a Member;
“Individual” means any natural person at least 18 years of age on the date of his registration on the Site who is fully legally competent under the law applicable thereto;
"Ingenico FS" means Ingenico Financial Solutions NV/SA, a limited company (société anonyme) approved as an e-money institution, having its registered office in 1200 Brussels, 102 Boulevard de la Woluwe, registered in the register of legal persons under number 886.476.763. Ingenico FS is subject to the supervision of the National Bank of Belgium, Boulevard de Berlaimont 14, 1000 Brussels – tel.02/221.21.11 – www.nbb.be
“Intellectual Property Rights” means all intellectual property rights as specified in the French Intellectual Property Code and international agreements, in particular, copyrights, the related rights of performing artists and producers of sound recordings and video graphics, trademark rights, patents, trade names (including Internet domain names and e-mail addresses), moral rights, rights to any models, rights to any databases, and know-how, whether registered or not and whether or not it is eligible for registration, in any jurisdiction in the world;
“Kissbanker” means a Member who would like to support one or more Projects described on the Site by contributing Donations to Project Holders;
“Member” means the Project Holders and Kissbankers registered on the Site based on their prior acceptance of the General Terms and Conditions;
“Mentor” means an institution, organization, medias or company that is supporting projects presented by KKBB. It could be financial support or visibility support;
“Party” means, as appropriate, the Enterprise and/or any Member that has accepted the General Terms and Conditions, and “Parties” means all of them;
“Personal Account” means (i) with respect to a Project Holder, the account (including the user name and password selected by the Project Holder) and the space made available thereto on the Site to describe its Projects, and (ii) with respect to a Kissbanker, the account (including the user name and password selected by the Kissbanker) and the personal space that is reserved for each Kissbanker registered on the Site that contains information on that Member, as well as the characteristics of the Projects described to Members to allow them to participate in the development of said Projects;
“Project” means any for- or non-profit initiative of a Project Holder that is published on the Site in accordance with the General Terms and Conditions;
“Project Holder” or “Project Creator” means any Enterprise, Association or Individual registered on the Site for the purpose of submitting and promoting one or more Projects that will be completed with the support of the Donations from Kissbankers collected using the Site;
“Realization Period” means the period during which a Project Holder carries out his project, once the Donation Objective has been reached and the funded amount has been transferred to his bank account;
“Rewards” means the information relating to a Project reserved for Kissbankers, the individual benefits and any gifts that the Project Holder offers to Kissbankers in exchange for their Contribution to the Project;
“Services” means the services offered by the Company, in particular, (i) the intermediation between Project Holders and Kissbankers using the Internet platform managed by the Company to facilitate their interaction and promote the Projects described on the Site, and (ii) the collection of Donations using the Site to allow Kissbankers to support Project Holders and finance the completion of the Projects described on the Site;
“Site” or “www.kisskissbankbank.com” means the community website which is the exclusive property of the Company, the purpose of which is to, inter alia, allow Project Holders to promote their Projects and to allow Kissbankers to support completion of Projects through the Donations collected using the Site;
“Visitor” means any person who visits the Site to view the content and information published on the Site without being registered or prior to registration on the Site as a Member.
Unless expressly provided otherwise or if the context requires a different meaning:
(i) unless specified otherwise, references to recitals and articles herein refer to the recitals and articles of the General Terms and Conditions;
(ii) plural terms include the singular and vice versa;
(iii) references to a person implicitly refer to any transferees of its/his business and to its/his successors, heirs or assigns;
(iv) references to a legal provision include, if appropriate, any amendment or new promulgation of said provision, as well as any legal or regulatory instrument or order related to said provision or its new promulgation; and
(v) references to a document designated herein, as it may be amended, replaced through novation, or supplemented.
The purpose of the General Terms and Conditions is to specify the terms and conditions for the Company to provide the Services on the Site in order to enable (i) Project Holders to promote the Projects presented on the Site, and (ii) Kissbankers to finance the completion of said Projects by contributing Donations through intermediation of the Site.Service access terms and conditions are described in Articles 4 and 5 of the General Terms and Conditions.
4. SITE AVAILABILITY SERVICE
4.1 Ownership of the Site
The Company developed and launched the Site in order to provide an interface between Project Holders who would like to cooperate with Kissbankers with the objective to complete and promote the Projects developed and presented by Project Holders, and Kissbankers who would like to support the Projects presented on the Site.
All Intellectual Property Rights relating to all software, updates, new versions and copies of said software made available to Members over the Site are, and shall remain, the property of the Company or its transferees, successors or assignees and no title related thereto shall be considered as transferred to Members hereinafter.
The Company hereby grants to Members, who accept, a non-exclusive, non-assignable right, for the term of validity hereof, to access and use the Site solely for the purposes of the Services described herein.
Members acknowledge that any information related to the Site, other than Site contents, is the exclusive property of the Company, which is the sole holder of the title and rights to the Site, and which updates and maintains it.
The duplication right under the French Intellectual Property Code only covers display on a single screen and is strictly reserved for private use. Any reproduction, distribution or publication of the contents for commercial or multi-person use without the Company’s prior, written authorization is prohibited.
Use of a link mechanism is authorized when the pages linked from the Site appear in a complete, separate window with their respective addresses.
No Member may use the Site for commercial purposes or, in general, offer the products and services as consideration for direct or indirect compensation; Members shall be prohibited from "reselling" or making available access to the Site and the Services to a third party and/or other Members, for consideration and/or at no cost; Members shall be prohibited from publishing any advertising, promotional or sponsorship message for which the Member receives any form of compensation whatsoever.
4.2 Site Accessibility
The Site may be accessed, to the extent possible, 24 hours a day, seven days a week. Although the Company has taken all necessary steps to ensure the reliability of the information, software and Services contained on the Site, it may not held liable for errors, omissions, viruses or results that may be generated by, or be the consequence of, the improper use thereof.
The Company may not be held liable for technical problems or incidents that may occur that cause a risk of data loss. The Company is only subject to an obligation to make resources available (obligation de moyens).
Member represents and warrants that it fully understands the characteristics and limitations of the Internet.
Members are solely responsible for the equipment (computers, software, electronic communication resources, etc.) that allows access to the Services provided by the Company, as well as for the electronic communication expenses caused by the use thereof.
The General Terms and Conditions apply (i) with respect to Visitors: from their connection to the Site until they leave the Site, and (ii) with respect to Members: from the creation of their Personal Accounts until they are closed.
In general, each Visitor is subject to an obligation to (i) comply with applicable laws and regulations, (ii) treat the Company and other Visitors fairly, (iii) comply with the Intellectual Property Rights related to the content provided by the Company and Members on the Site, (iv) only provide true and accurate data regarding his civil status and personal contact information, and (v) not assume any undertaking on behalf of a third party.
If any of the conditions for Site access or use of the Services offered on the Site is violated, the Company reserves the right to suspend Site access and use of the Services by the respective Members and Visitors. Continuous or repeated violations entitle the Company to terminate the present terms with respect to the concerned Members and Visitors, effective immediately.
4.3 Member Registration and Identification
Visitor may register on the Site and become a Member by completing all of the mandatory fields on the registration form available on the Site. Individuals, Enterprises and Associations are eligible to become Members of the Site community.
After registration and creation of a Personal Account on the Site, Kissbankers may contribute Donations in order to support one or more Projects presented by Project Holders on the Site.
In its capacity of a Kissbanker, a Member must read and accept the General Terms and Conditions (which may be viewed at any time on the Site).
When the conditions necessary for registration have been met, Members will be assigned an ID (“login”) and password that are strictly personal and confidential and which must not be disclosed or shared with third parties. This information allows access to each Member’s Personal Account.
In the event of the distribution or use of these items inconsistent with their purpose, the Company may terminate access to the Personal Account. The Member shall remain solely liable for the use of these identification items by third parties and for actions or statements made using their Personal Accounts as a Member, whether unauthorized or not. The Member shall indemnify and hold harmless the Company against any claims in this regard.
If a Member would like to sponsor a friend and provide the Company with that person’s contact information, such Member hereby agrees to first obtain that person's express consent to allow the Company to process personal data; such data will be used solely to send to this friend, in the name and on behalf of the Member that gave the Company contact information, an e-mail message that will provide such friend with information on the Company and the Services offered on the Site. The Member shall provide any such information voluntarily, freely and under their sole responsibility and shall so inform the Company.
4.4 Personal Data of the Members
(a) Data Collection
The Company shall protect the personal data and private life of its Members. Accordingly, the Site has registered with the French National Data Protection Committee (Commission Nationale de l'Informatique et des Libertés) under the registration number 1651122.
Only persons that have clearly completed the form containing all of the information requested on the Site, that have a valid e-mail address and that agree to these General Terms and Conditions may become Members and have a Personal Account on the Site. The Member shall duly complete the registration form in good faith by providing accurate information to the Company, which may terminate this registration at any time and without notice if any Member violates said obligations.
Registration is necessary to fully benefit from the Services offered on the Site. The Company may also request additional information from its Members for specific activities such as games, polls or promotional offers.
The purpose of collecting personal information when a Member registers is to allow access to the Services available on the Site.
The Company and any technical entities that participate in providing the Services offered on the Site will be the sole recipients of the personal information collected in order to develop Site use statistics and improve the conditions for providing the Services.
The Kissbanker agrees and authorizes the Company to transfer its personal information to Project Holders (other than information related to payments using the Site, the security of which is ensured in accordance herewith), periodically and to the extent necessary, to support the Projects described on the Site to, inter alia, allow Project Holders to receive Donations from Kissbankers and to be able to directly send them any information and available tax receipts.
In addition, the Company may have to disclose personal data that when this is are necessary to identify, question or take judicial action with respect to any individual who damages or infringes on (intentionally or otherwise) the rights or ownership of the Company, other Members or any other person that could be harmed %p by such activities.
(b) Confidentiality of Personal Data of the Members
No information transferred by the Member when creating its Personal Account is visible to other Members. Such information is protected by a user name and password so that only a Member has access to its personal information.
Password is personal and confidential. Member is solely responsible for the use of its password. The Member agrees to keep its password secret and not to disclose it in any form whatsoever.
Member is legally liable for the use of its Personal Account, including for use of its Personal Account by third parties. Members agree to immediately notify the Company of any unauthorized use of its Personal Account or any other violation of confidentiality. In any event, the Member is not authorized to transfer its Personal Account, or access rights to its Personal Account to third parties.
The Company will never request a Member to disclose its password in an unsolicited telephone call or e-mail. Furthermore, the Member must not forget to disconnect from its Personal Account or close navigator windows after completing work sessions. The Member must also ensure that other Members do not access its personal information if it shares a computer with other persons or work at public locations such as libraries or cyber cafes.
The Company agrees to exercise its best efforts to take the appropriate technical and organizational steps to protect personal data.
In addition, web sites that have hypertext links on the Site may collect personal information on Members. The information policies of these sites are not covered by the General Terms and Conditions.
(c) Access to and Modification of Members’ Personal Data
Under Data Protection Act No. 78-17 of January 6, 1978, as amended by Act No. 2007-801 of August 6, 2004, each Member has a right to access, correct and challenge personal data related to him. Therefore, a Member may require any data related to it to be corrected, completed, clarified, updated or erased if it is incorrect, incomplete, ambiguous or out-of-date.
To exercise their modification rights at any time, a Member must go to its Personal Account on the Site using its login and password. A Member may delete its Personal Account by sending an e-mail with its user name and password to the Company.
4.5 General information regarding our cookies policy
A cookie is a small piece of data that a website asks your browser to store on your computer. One or several cookies can be stored anonymously on your computer hard drive. These cookies do not contain any private information or any information enabling you to be identified. They simply allow the company to continuously improve the service offered on the website for the content access, to recognize the visitor when connecting to the website, to facilitate the management of the website, and they can be used for statistical purposes (pages visited, date and time of visits , etc.). The visitor is informed that he may oppose their implementation following the procedure indicated on his browser. However, the use of the website may be altered, if not possible.Learn more about our cookies policy.
4.6 Liability for Content
All information provided by a Member pursuant hereto is accurate and current in all material aspects on the date it was provided or, if appropriate, on the date to which it relates.
The Member shall indemnify and hold harmless the Company against any recourse by any person (including by Members, Visitors, and, in general, third parties) related to copying or broadcasting said contents and information.
The Member agrees to not violate any legal, regulatory or administrative provision applicable to them the non-compliance with which would affect its ability to comply with its obligations hereunder. In particular, the Member shall have all rights with respect to the content and information provided to the Company and Visitors.
The Member hereby agrees to comply with all laws, regulations, contracts and other documents applicable thereto if non-compliance could materially affect their capacity to perform their obligations hereunder.
5. INTERMEDIATION AND INTRODUCTION SERVICE
5.1 Presentation of Projects
Within the scope of the Services offered on the Site, Project Holders may submit to the Company, for publication on the Site, a description of the type, goals, main characteristics and timeline of the Project(s) they intend to develop with the support of Kissbankers in accordance herewith.
To be considered by Kisskissbankbank for promotion on the Site, the Project description must specify, inter alia, the Donation Objective, the Donation Period and the Rewards.
Once accepted by Kisskissbankbank and displayed on the Site in accordance herewith, the characteristics and parameters of Projects contributed by a Project Holder may no longer be changed by the Project Holder after the Donation Period. Any change to the Project during the Donation Period shall entitle a Kissbanker to withdraw the Donations it has made. However, during realization of the Project, a Project Holder may change the Project, after validation by Kisskissbankbank, in order to improve achievement of the goals of the Project or change the Reward made available to Kissbankers, within the period and in accordance with the procedures specified in Article 5.2 below.
Project Holders must ensure that they hold all rights necessary to publish the Project on the Site and that they comply with all laws and regulations applicable to the design and completion of the Project in question. In particular, Project Holders may not submit Projects (i) in violation of applicable laws and regulations, (ii) that may be harmful to human dignity or private life, (iii) that are contrary to good morals, or (iv) that incite or constitute an illegal or any other activity that violates the rights of the Company, the parties with which it has contracted, Visitors, Members or, in general, any third party.
Project Holders are fully responsible for the description of Projects published on the Site and must ensure, inter alia, that this description does not mislead Visitors. Project Holders acknowledge that they could be held liable to the Company and Visitors for providing misleading, incomplete or incorrect information and that they are fully liable for the consequences of any omission or negligence in this regard.
5.2 Promotion on the Site
As of the date the detailed Project proposal is provided by a Project Holder, the Company has two (2) Business Days to approve the description of a Project submitted by the Project Holder for presentation to the Visitors on the Site. If it does not approve such Project, the Company shall, within the said period, notify the Project Holder of: (i) its refusal, without having to provide an explanation, or (ii) its request to change the parameters of the envisaged Project as specified in the General Terms and Conditions. In such event, if approval is not given within thirty (30) Business Days after the notice given to the Project Holder, the Project will be deemed finally refused by the Company.
The Projects published on the Site are indexed in Personal Accounts and each Project Holders may describe an unlimited number of Projects to Site Visitors and, if appropriate, by e-mail.
Visitors and Members may view the Projects and contents provided by the Project Holders in their Personal Accounts at no cost. Members may be notified that a Project has been added in an informational e-mail sent to them by the Company.
Project Holders hereby agree that the contents and information provided may be used freely by the Company and Visitors in connection to a Project.
Accordingly, Project Holders hereby grant to the Company a right to (i) use, in connection with the Company’s marketing and promotion of the Site, the names of the Project Holders whose Projects are listed on the Site, as well as the names and characteristics of the Projects, for the term hereof, and (ii) copy and have copied the contents and information provided on the Internet sites if these activities are conducted in connection with the promotion of a Project.
Further, Project Holders expressly agree that the contents and information provided may be used on the Site with the trademarks or logos of the Company’s advertising partners and sponsors.
5.3 Realization of Projects
Once the Donation Period has expired and during the realization of the Projects, Project Holders agree to provide Kissbankers with the Rewards offered when Projects are described on the Site.
The Company is not responsible for the actions of Project Holders, who remain solely liable for the terms of their relationship with Kissbankers for the purposes of collecting Donations through the Site.
Project Holders are solely liable for collecting the Donations that they arrange using the Site and any Rewards that they offer to Kissbankers in connection with the Projects described on the Site. As a result, any risks involved in the development and conduct of Projects, as well as any delays and cancellations, shall be assumed in full by Project Holders.
If a Project’s Donation Objective is reached and the Project is subsequently cancelled, the Project Holder must, at its sole discretion, arrange to reimburse Donations and the Company may not be held liable for reimbursing Donations collected using the Site.
Project Holders warrant and agree to indemnify the Company and hold it harmless against any damage suffered thereby, as well as to protect it against any liability claim that may be filed against the Company by a Member, Visitor or, in general, any third party, for violation of any right whatsoever due to the publication of a Project on the Site or the completion of a Project described on the Site.
6. DONATION COLLECTION AND MONITORING SERVICES
6.1 Donation Collection
When registering on the Site, Project Holders may elect to generally solicit Donations, on behalf of the cause for which they are acting, or for the benefit of one or more of their Projects described on the Site. Based on this information available on the Site, Kissbankers may select the Project Holders to which they will make Donations to and, when appropriate, make Donations for one or more Projects as described below.
Kissbankers are entirely free to determine the amount of their Donations and the beneficiaries.
Kissbankers declare that the source of the funds they use on the Site is not illegal, and undertake not to use the Site for any illegal or fraudulent activity, including money laundering.
Donations by Kissbankers may not be interpreted as constituting any contractual link whatsoever between the Kissbanker and the Company; the Site is solely an intermediary between Project Holders and Kissbankers for the purposes of the promotion of Projects.
As a result, the obligations accepted hereunder are the sole obligations of the Company with respect to Kissbankers and Kissbankers may not attempt to hold the Company contractually liable if a Project Holder breaches its obligations.
6.2 Payment of Donations
Contributions are made using one of the payment methods proposed for the relevant Project, for example a bank card and/or any other payment method already proposed on the Site or subsequently integrated into the service.
6.2.1 Donations Payment for Projects located in the Single European Payment Area (SEPA), through Ingenico Financial Solutions
When the Project Holder owns a bank account in the SEPA zone, the Company has chosen Ingenico Financial Solutions to manage the services involving monetary payment by credit card, credit transfer and other proposed payment methods.
The Company thus enables its Members to become Electronic Money unit holders, which they can allocate as Donations to a Project. In order to use the payment system proposed on the Site, the Member must accept the Terms and Conditions of Ingenico Financial Solutions. By accepting those Terms and Conditions, the Member agree that the Company will carry out the opening of an Electronic Money Account at Ingenico Financial Solutions.
As required under the articles L.561-2 of the French Monetary and Financial Code, and regarding to the participation of financial organisations to the fight against money laundering and against the financing of terrorist activities, the Company and Ingenico Financial Solutions may require additional information about the origin, purpose and destination of the transaction or the opening of an Account. In addition it may carry out all due diligence required to identify Users and any actual beneficiary of the Account and/or Transactions linked with the latter. The Member undertakes to make every effort to enable the Company and Ingenico FS to carry out an in-depth examination of the transaction, and inform it of any transaction deemed exceptional given the transactions usually registered in connection with this Contract, and to provide it with any documents or information required.
The Member acknowledges that the Company and Ingenico FS may end or postpone at any time the use or access to an Account or the execution of a transaction or a Reimbursement in the absence of sufficient information about its purpose or nature. Transactions carried out under this contract may be communicated to the national finance intelligence unit (TRACFIN).
The Member may, in accordance with the regulations, access all information communicated in this way provided that this right of access does not prejudice the purpose of the fight against money laundering and the financing of terrorism when this information relates to the party making the request.
No proceedings or liability claims may be instigated against or any professional sanction imposed on the Issuer, its senior executives or its employees who have declared their suspicions in good faith to their national authorities.
When contributing to a project by credit card or any other payment system offered by Ingenico FS, the payment is immediately debited from Kissbankers' account.
If the Donation Objective has not been achieved by the end of the Donation Period, Kissbankers' Contributions are then paid back to the personal Electronic Money account of the Kissbanker who made the Contribution. In this case, the Kissbanker can use this sum to support another Project, or request its reimbursement, which will be carried out at no charge.
If at the end of the Donation Period, the Donation Objective has been achieved or exceeded, the total sum of Contributions will be transferred to the Project Owner's bank account and can then no longer be reimbursed to the Kissbanker who made the Contribution.
6.2.2 Donations Payment though Paypal
For specific projects, notably when the Project Owner is not located in the SEPA area, the Site enables to collect Donations through Paypal.
When supporting a Project via the PayPal payment system, Kissbankers accept PayPal’s general conditions of use. The Contribution is only debited if Project Owners achieve their Donation Objective.
Contributions paid through PayPal will only be processed by the Company if the Project Donation Objective has been achieved, once the Donation Period has ended. The corresponding sums will then be paid from the Kissbanker's PayPal account to the Project Owner's PayPal account. At this point, the Company can no longer cancel the corresponding Contributions or reimburse Kissbankers who have made them.
PayPal deducts its own commission on the payments processed, which at the time this document was drafted was 3.4% + €0.25 per transaction. This commission is applied and directly received by PayPal.
In addition, the Company applies its own commission as payment for its intermediary service, as stipulated in article 6.3.
6.2.3 Donations Payment though Stripe
For specific projects, notably when the Project Owner is not located in the SEPA area, the Site enables to collect Donations through Stripe.
In supporting a Project via the Stripe payment system, Kissbankers accept Stripe’s general conditions of use. The Contribution is only debited if Project Owners achieve their Donation Objective.
Contributions paid through Stripe will only be processed by the Company if the Project Donation Objective has been achieved, once the Donation Period has ended. The corresponding sums will then be paid from the Kissbanker's banking account to the Project Owner's banking account. At this point, the Company can no longer cancel the corresponding Contributions or reimburse Kissbankers who have made them.
Stripe deducts its own commission on the payments processed, which at the time this document was drafted was 2.9% + €0.25 per transaction. This commission is applied and directly received by Stripe.
In addition, the Company applies its own commission as payment for its intermediary service, as stipulated in article 6.3.
6.3 Donations Invoicing
The Company does not receive a commission from Kissbankers on the Donations collected, but only from the Project Holder.
For the Project Holders’s Donations beneficiaries, the expenses of the Services provided by the Company will be calculated as a percentage of the collected Donations using the Site. The applicable percentage is 5%, including VAT, to which shall be added the transaction fees.
If the Project Holder has chosen Ingenico FS to process the payments, the transaction fees amount to 3%, including VAT, and is invoiced directly by the Company.
If the Project Holder has chosen Paypal to process the payments, the transaction fees amount to 3,4% + 0,25€ per transaction. Those fees are applied directly by Paypal and deducted from the collected donations.
If the Project Holder has chosen Stripe to process the payments, the transaction fees amount to 2,9% + 0,25€ per transaction. Those fees are applied directly by Stripe and deducted from the collected donations.
All the expenses of the Services are automatically deducted from the collected Donations using the Site at the time of transfer to the Project Holder’s bank account. The transfer is carried out within the following ten (10) Business Days after the end of the Donation Period and only if the Donation Objective has been reached.The corresponding invoice will be available to Project Holders in their Personal Accounts once the project has ended
6.4 Donations Monitoring
The Company hereby agrees to inform each Project Holder of the amount of each Donation made thereto, the payment date of the Donation and, when appropriate, the personal data of the Kissbanker, to the sctrictly and necessary extent to complete the Project in accordance herewith. During the applicable Donation Period for the Projects described on the Site, Kissbankers and Project Holders may monitor in their Personal Account changes in the collected Donations for each supported Project.
The Site shall provide Kissbankers with the information received from Project Holders regarding the launch of and progress in the supported Projects, as well as, when appropriate, the completion and results of the Projects financed by Kissbankers.
6.5 Donations Cancelling
Kissbankers have the right to withdraw collected Donations using the Site throughout the whole Donation Period, except during the Donation Period's last 24 hours. Thereafter, the Donation will be irrevocably deemed paid to the Project, as changed, unless the payment is rejected when the Kissbanker’s bank account is debited, or if the Donation Objective has not been reached upon expiry of the Donation Period.
During those last 24 hours, you cannot reduce nor cancel your Donation: your Donation will once and for all be deemed paid to the Project, unless the Project is cancelled during the Donation Period, or unless the Donation Objective has not been reached upon expiry of the Donation Period. In those former cases, the Donation will be deemed cancelled and no payment will be debited from the Kissbanker’s bank account.
Project Holders must notify the Company and the Kissbankers if the Project is cancelled while it is being implemented and must explain the reason of the cancellation. The Donations made by Kissbankers using the Site will be deemed cancelled and the Project Holder must immediately reimburse them.
6.6 Tax Receipts
Each Member must pay any tax applicable or related amount, both on Donations collected using the Site as a Project Holder or on Donations contributed by Kissbankers to support a Project.
Project Holders are responsible for calculating and providing directly to Kissbanker any tax receipts that certify the Donations made using the Site. Each Kissbanker must verify his eligibility to benefit from a tax deduction on all or part of the Donations made using the Site in accordance with the applicable provisions of French law. Any claim related to the provision of the defined tax receipts and the information contained therein must be sent directly by the Kissbanker to the Project Holder.
7. VALIDITY, MODIFICATIONS AND TERMINATION
7.1 These General Terms and Conditions shall enter into effect as soon as they are published on the Site and remain in effect until modified in whole or in part by the Company. The Company reserves the right to unilaterally modify the General Terms and Conditions at any time. The Company shall inform Members of changes by e-mail and shall request them to give their consent to the changes. Each use by the Members of the Services offered on the Site constitutes acceptance thereby of the most recent version of the General Terms and Conditions published on the Site.
7.2 These General Terms and Conditions may be terminated by operation of law by:
(a) Kissbankers at any time and without notice;
(b) Project Holders at any time with thirty (30) days notice;
(c) the Company, with thirty (30) days notice, if Site access or Service provision is interrupted at any time; and
(d) by the Company, if any Member violates the undertakings accepted in these General Terms and Conditions that is not resolved within seven (7) days after the notice of the violation sent by the Company.
Notwithstanding any such termination, Projects that are in their Donation Period or Realization Period, as well as the related Donations collected using the Site, will continue until full completion of the Projects and the Company and Members hereby agree to comply with their respective undertakings in accordance herewith.
7.3 As of the effective termination date of the Site registration or access to the Services, the ability to display contents related to the Member in question, as well as the promotion of his Projects published in the past on the Site, will be immediately withdrawn and the Member in question may no longer access his Personal Account on the Site.
8. LIABILITY OF THE COMPANY
(a) The Company shall take the utmost precautions with respect to Site operation and maintenance and, for that purpose, shall only use information and technical resources that seem to it to be reliable. However, the Company does not warrant error-free and uninterrupted operation of the Site, or the accuracy or currency of its content. The Company expressly declines any liability in this regard. In addition, the Company may change the content and functionality of the Site without notice and, as a result, requests Members to regularly visit it. Unless expressly specified otherwise, any new characteristic that improves or increases one or more current Services and any new Service launched by the Company on the Site will be subject to the General Terms and Conditions.
(b) The Company may not be held liable, except in the event of gross negligence (faute lourde) or fraud (dol), for any act or omission, nonperformance, partial performance or delay in performance of its obligations related to any damage or loss suffered directly or indirectly by Members due to the action or omission of another Member or any other person bound thereto.
(c) The Company may not be held liable to Members or any third parties for any deterioration, suspension or interruption of the Services due to Force Majeure, the actions of a Member or third party, or the inevitable risks that may arise in connection with the technical aspects and complexity of the Services.
(d) Members are solely liable for all contents that they transfer to the Site and for the resulting consequences. Accordingly, Members warrant that they will not transfer contents that violate Intellectual Property Rights, harm persons (by, in particular, defamation, insults, personal attacks, etc.), damage private life, harm public order and good morals (in particular, justification for crimes against humanity, encouragement of racial hatred, child pornography, etc.). The transfer of said contents is strictly prohibited. If applicable laws, good morals or these terms and conditions of use are violated or for any other reason, broadly interpreted, the Company reserves the right to exclude Members who are guilty of such violations, for a limited time or permanently, and delete the information and references to said information.
(e) The Company shall try to ensure that the Site may be accessed 24 hours a day, seven days a week, but it is not bound by any obligation to achieve any particular result (obligation de résultat). Therefore, the Company may suspend access to the Site for, inter alia, maintenance and upgrades. Access may also be interrupted for any other reason. The Company may not in any event be held liable for such interruptions and the consequences thereof for Members or any third parties. In addition, the Company may terminate or change the characteristics of the Site at any time without notice. In no event may the Company be held liable for data loss or damage. No information or advice provided by the Company may be interpreted as any warranty whatsoever. In addition, hypertext links may lead to external web sites managed by third parties. The Company has no control over these web sites and assumes no liability with respect to their content.
(f) The Company will make available to Members, inter alia, a discussion forum on the Projects described by Project Holders. The Company assumes no liability for the opinions, reports, advice, texts or any other content exchanged in connection with its Services.
(g) The Company is not required to take or refrain from taking any action that would violate, or that would, in its reasonable opinion, force it to violate, any law, regulation or confidentiality obligation.
(h) The Company may not in any event be held liable for any damage whatsoever, whether for contractual liability, in quasi-tort or on any other basis, due to any act committed or any fact that arose after the expiration date or termination hereof.
(i) The Company has no obligation to advise Members. In this regard, the Company may not be held liable in any manner for the consequences of the contribution of Donations. In particular, the Company will not issue any recommendation or opinion on the tax impact for Kissbankers and Project Holders. Each Member must obtain information on its tax obligations arising as a result of the contribution and collection of Donations.
9.1 Type of Notice
Any notice, request or communication issued in performance of the General Terms and Conditions must be issued in a written document sent by any means to the party in question.
Any notice, request, communication or document to be issued by one Party to another Party in the performance hereof must be issued in accordance with the information provided below:
(a) To the Company: Kisskissbankbank & Co For the attention of: Vincent Ricordeau, CEO 34, rue de Paradis 75010 Paris Telephone: +33967119466 E-mail address: email@example.com
(b) To Members: At the address, telephone number, e-mail address, department name or name of the person indicated by the Member on his/its Personal Account.
9.3 Notices shall be deemed properly served:
(a) by certified letter, return receipt requested: on the date of the first presentation of the certified letter by the post office; the date stated on the receipt will be binding as to the date;
(b) by personal delivery: on the date stated on the receipt signed by the addressee or any whatsoever of its employees or agents, and
(c) by electronic communication: on the date stated on the sent message, provide that a legible receipt is available.
If one or more provisions of the General Terms and Conditions are declared null and void, the validity of the remaining provisions hereof shall not be affected any manner.
The provisions that have been declared null and void will, in accordance with the spirit and purpose hereof, be replaced by other valid provisions which, in light of their scope and to the extent allowed by law, are similar to the provisions declared null and void.
10.2 Entire Agreement
Unless otherwise specified, the General Terms and Conditions completely and exclusively set forth all terms applicable to the purpose hereof and supersede all prior negotiations, communications, representations and undertakings, whether verbal or written, between the Parties with respect to the subject matter hereof.
10.3 Independence of Members
Members use the Site and the Services offered on the Site totally independently and their registration on the Site and the collection of the Donations does not create, with the Company, any subordinate relationship, agency, de facto company or joint venture, or representation relationship.
The Company reserves the right to assign to any third parties of its choice all or part of its rights and obligations under these General Terms and Conditions, which Members accept without qualification.
11. APPLICABLE LAW – DISPUTE RESOLUTION
11.1 The validity, interpretation and performance of the General Terms and Conditions is subject to French law. They are drafted in French. If they are translated into one or more languages, only the French text will be considered authentic in the event of a dispute.
11.2 If it cannot be amicably resolved by the Parties, any dispute related hereto, or to any related document or undertaking, will be resolved exclusively before the Paris Commercial Court.
12. LEGALLY REQUIRED INFORMATION
(a) Site Editor This Site is edited by: Kisskissbankbank & Co Publications Director: Mr. Vincent Ricordeau Postal address : 34, rue de Paradis 75010 Paris, FRANCE Email : firstname.lastname@example.org Paris Trade and Companies Registry number: 512 211 004 VAT Number : FR55512211004 Immatriculatied as French "Intermédiaire en Financement Participatif" under the registration number 14007218 KissKissBankBank & Co is agent of Ingenico Financial Solutions NV/SA, a limited company (société anonyme) approved as an e-money institution, having its registered office in 1200 Brussels, 102 Boulevard de la Woluwe, registered in the register of legal persons under number 886.476.763. Ingenico FS is subject to the supervision of the National Bank of Belgium, Boulevard de Berlaimont 14, 1000 Brussels – tel.02/221.21.11 – www.nbb.be.
(b) Site Hosting www.kisskissbankbank.com is hosted by Contact Information: Engine Yard - 2nd Floor, 35 Barrow St. Dublin 4 Ireland
(c) For any claim related to this Site and/or its content: email@example.com