GENERAL CONDITIONS OF USE FOR THE SITE
IT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THESE GENERAL CONDITIONS OF USE FOR THE SITE. IN ACCEPTING THEM, YOU AGREE TO RESPECT THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND DO NOT WISH TO RESPECT THEM, YOU SHOULD NOT ACCEPT THEM, AND MAY NOT THEN MAKE USE OF THE SERVICES PROPOSED BY THE COMPANY ON THE SITE.
Last update: May 21, 2015
ULULE SAS, a simplified joint stock Company, with a share capital of €157,951, registered in the Paris trade and companies register under number 794 710 830, having its head office at 8-10 rue Saint Fiacre, 75002 Paris (hereinafter "the Company") publishes and operates a website under the brand Ulule, available on the Internet at the following address: http://www.ulule.com (hereinafter "Ulule" or "the Site"), whose purpose is as follows:
- Presenting web users with finance-seeking Projects, regardless of its advancement (concept, development, publication, distribution, etc.);
- Providing an intermediary service between Project Owners and Ululers via this Site managed by the Company for the purpose of facilitating their interaction and promoting Projects presented on Ulule;
- Enabling Project Owners to post one or more Projects on Ulule for which they are seeking a funding;
- Proposing that web users become Users of the Site and financially support one or several Projects by making a Contribution;
- Providing Users with Project discussion tools and a Forum for asking questions or posting small ads ("Ulule Vox").
Ulule acts as an intermediary between web users who wish to participate in financing Projects and Project Owners who are seeking a financial Contribution to fund the Project.
The purpose of these General Conditions is to define the terms and procedures for providing these services to Users of the Site. The use of Ulule or the services proposed on Ulule imply the full and entire acceptance of these General Conditions of Use by Users, including the stipulations of all notices applicable to the Site, including: the confidentiality charter, the community guidelines, the Ulule Vox charter, and the information provided in the FAQ.
Article 1. Definitions and scope
The definitions below have the same meaning whether they are used in the singular or plural.
"Bank": Crédit Mutuel Arkéa and ING Luxembourg or any credit establishment that has been authorised in a member state of the European Economic Area, which the Issuer may substitute for it in the future.
"Bank Card": a current debit or credit card valid in France, subject to authorisation by the Issuer (Visa, MasterCard, CB).
"Beneficiary": a User who receives Electronic Money through a Payment Transaction
"Collection period": the period for each Project during which new Ululers can make Contributions via the Site and thus enable a Project Owner to achieve the Financing Objective necessary to carry out the Project.
"Commission": payment due to the Company and deducted from the Contributions collected by the Project Owner in exchange for the intermediation service provided.
"Commission": also designates the commission owed by a User to the Distributor for a Transaction.
"Company": Ulule, a simplified joint stock Company with a share capital of €25,000, registered in the Paris Trade and Companies Register under number 519 350 813, having its head office at 8-10 rue Saint Fiacre, 75002 Paris.
"Contribution": any cash sum collected by the Project Owner via the Site in view of financing one or more Projects proposed on the Site.
"Distributor": Ulule SAS, the Site operator, which enables its Users to open an Account, acquire Electronic Money issued by the Issuer via the Site, and use Electronic Money to carry out a Payment Transaction to a Beneficiary. To this end, the Distributor is authorised by the Issuer to distribute Electronic Money to Users of the Site.
"Electronic Money": the monetary value stored in electronic form on the Issuer's server, representing Users' account balance on the Site. Electronic Money is issued by the Issuer in exchange for the delivery of corresponding funds by the User.
"Electronic Money Account": the Electronic Money Account opened by the Issuer in its books in the name of the User at the Distributor's request.
"Fees": the fees payable to the Issuer for issuing and managing Electronic Money as detailed in these Conditions, subject to applicable regulations.
"Financing Objective": the total amount of Contributions sought by a Project Owner to carry out a Project, which can be collected from Ululers via the Site. The Project Owner chooses to express this objective either as a monetary goal or a number of Contributions.
"Forum": all spaces for discussion, forums and comments provided by the Site to Users.
"General Conditions": these General Conditions of Use for the Site applicable to Visitors, which may be viewed on the Site by any Visitor and to which Visitors must adhere in order to become Users.
"Identifiers": the data required for the identification of the User by the Issuer, consisting of a User name (valid email address) and a password.
"Intellectual Property Rights": all intellectual property rights as stipulated in the French Intellectual Property Code and national agreements, including copyright, similar rights of performing artists and phonographic and videographic producers, brand rights, patents, commercial names (including Internet domain names and email address names), copyrights, moral rights, rights for all models, database rights and expertise whether registered or not or which could be registered or not, in all parts of the world.
"Issuer": MANGOPAY SA, Issuer of Electronic Money, approved as such in Luxembourg by the Commission de Surveillance du Secteur Financier (finance sector surveillance commission) under reference number 3812.
"MangoPay": an Application Programming Interface (API) provided to Ulule by the Issuer for the purpose of implementing a payment function on the Site by issuing Electronic Money.
"Party": according to the situation, this means the Company and/or any User having accepted the General Conditions; "Parties" designates all of them.
"Payment Transaction": the payment to a Beneficiary via an Electronic Money transfer from a User's Account to a Beneficiary's Account.
"Personal Account": a User's personal space on the Site. This can only be accessed with the Identifiers, and enables access to the services provided by the Company. It also enables Users to view and modify their own personal details.
"Project": any initiative with a lucrative or non-lucrative purpose supported by a Project Owner and published on the Site in accordance with the General Conditions of Use.
"Project Owner" or "Project Creator": any individual or legal entity registered on the Site for the purpose of presenting and promoting one or more Projects to be achieved using the Contributions collected from Ululers via the Site.
"Recompense": as the case may be, any recompense offered by Project Owners to Ululers in exchange for their Contributions to the Project. Recompense is Project-specific and defined on a case by case basis on the Site, at the entire discretion of the Project Owner.
"Reimbursement": the repayment by the Issuer of all or part of the Electronic Money held by a User.
"Service(s)": all the Services proposed on the Site, whether or not in exchange for money.
"Transaction": a Transaction carried out by a User according to the provisions of the General Conditions of Use for the Site, giving rise to a Payment Transaction.
"Ulule" or the " Site": the community Site exclusively owned by the Company, accessible on the Internet at the address http://www.ulule.com, whose purpose is to enable Project Owners to promote their Projects and Ululers to contribute financial support to these Projects through Contributions via the Site.
"Ululer": a User who has registered on the Site and/or who wishes to support one or more Projects proposed on the Site by making Contributions to Projects.
"User": all Project Owners and Ululers registered on the Site provided that they have agreed to the General Conditions.
"Visitor": any person who visits the Site to view the content and information published on the Site without being registered or prior to registering on the Site as a User.
"Withdrawal": a request for the transfer to their bank account by Beneficiaries of all or part of the Electronic Money balance held by the Issuer, from which all applicable costs have been deducted, and subject to applicable regulations.
"Working day": a calendar day in mainland France, not including Saturdays, Sundays or public holidays.
1.2 Scope of application
These General Conditions of Use (hereinafter the "General Conditions") apply without reservation or restriction to all the Services proposed by the Company on its Site www.ulule.com, except for special conditions applicable to certain Services.
These General Conditions take precedence over all other general or specific conditions not expressly approved by the Company.
Subscription to the Services is solely reserved for Users who have read the General Conditions of Use in their entirety and unreservedly accepted them.
Users declare and acknowledge that they have read the General Conditions of Use in their entirety.
These General Conditions of Use take effect as from their publication on the Site and shall remain in force until their partial or total modification by the Company.
The General Conditions of Use are regularly updated and may thus be modified. Given the extensions and improvements possible in the functioning of the Site, the Company reserves the right to adapt or modify the range of services offered via the Site at any time. The Company reserves the right to unilaterally modify the General Conditions of Use at any moment without notice.
The new characteristics will be put online on the Site so as to be available to Users and Project Owners. It is thus Users' responsibility to view and accept the General Conditions of Use when they make a Contribution, notably in order to check the current provisions. Each use of the Services proposed on the Site by Users implies acceptance of the latest version of the General Conditions of Use published on the Site.
Article 2. Access and subscription conditions on the Ulule Site
2.1 Consent and capacity
Users subscribe by completing an online form. Once the form has been filled in and submitted, the Site sends out an email confirming the Web User's request. When registering, Users and Project Owners undertake to provide accurate information, and must fill in all mandatory fields in the registration form.
Users who are individuals must be of age and have the legal capacity to conclude a contract.
Representatives of Users that are legal entities certify that they hold all the necessary rights to conclude this agreement in the name of the legal entity they represent.
Users then submit their registration by clicking on the appropriate button
The Company must accept the User's registration. The Company reserves the right to refuse the registration of any User who does not fulfil the conditions of a good character, or does not comply with the ethical values the Company endeavours to uphold, although the latter is not obliged to give a reason for any refusal.
The Company is the sole decision-maker regarding the registrations it accepts: there can be no appeal or compensation of any kind.
Users agree not to create any other Accounts than the one initially created, whether in their own names or that of a third party. Any exception to this Rule must be explicitly requested by the User and expressly and specifically authorised by the Company. If Users create further accounts using their own identity or that of a third party without having requested and obtained authorisation from the Company, the Users' account and all the associated services may be immediately suspended.
Users guarantee that the information they communicate on the Site is accurate, honest and not misleading. They undertake to inform the Company promptly if any information communicated at the time of their registration changes and, if need be, to make these modifications in their Personal Account themselves.
2.2 User name and password
When they create an account, Users choose or are allocated a user name and password (hereinafter "Identifiers"). These identifiers are personal and confidential, and may only be changed at the Users' request or on the Company's initiative.
Users are entirely and solely responsible for the use of their Identifiers. They agree to make every effort to keep their Identifiers confidential and not to disclose them to any other party, in any form or for any reason.
Users are responsible for the use of their Identifiers by third parties and for actions or declarations made via their personal accounts, whether or not fraudulent, and shall hold the Company harmless against any action in this respect.
Furthermore, as the Company does not have the obligation or technical means to verify the identity of persons registering on the Site, it is not responsible if a User's identity is stolen. If Users suspect that a person is fraudulently using their identifiers or their accounts, they must promptly inform the Company.
If their Identifiers are lost or stolen, Users are responsible for any harmful consequence of this loss or theft, and must modify their Identifiers using the appropriate procedure as soon as possible.
If Users become aware that another person has access to their Personal Account, they must immediately inform the Site manager by emailing [email protected], and confirm this information by registered letter to the following address: ULULE SAS, 8-10 rue Saint Fiacre, 75002 Paris.
In the event of a fraudulent use of the Site, or any use that infringes these General Conditions, Users may be denied access to the Services or other functions of the Site at any time.
Article 3. Conditions Applicable to Project Owners
3.1 Nature of the Services proposed to Project Owners
The Site enables Users who so wish to present their Project(s) in order to distribute, promote and finance a Project on the Site.
The conditions applicable to Project Owners only concern Projects supervised by Project Owners who create and supervise a community of Users supporting their Project on the Site. The Company only takes action as a technical intermediary by providing Project Owners with an online platform enabling them to finance, distribute and promote a Project on one or more webpages dedicated to that Project.
3.2 Presentation of Projects
Project Owners wishing to promote their Projects and obtain financing submit to the Company, for publication on the Site, a detailed description of the nature, objectives, main characteristics and roll-out of the Projects they intend to develop with support from Ululers.
In order to be accepted by the Company for any promotion on the Site, Project Owners will supply in a clear and accurate manner for each Project proposed: a description of the Project, the minimum amount of Contributions required for the Project to be considered as financed, the Collection Period and the proposed Recompense.
The Project’s characteristics and parameters are submitted for prior approval by the Company, which has no obligation to give a reason for any refusal and provides Ululers no guarantee as to the success of the Project or the authenticity of the information presented by the Project Owner. The selection of contents is essentially designed to verify the consistency and quality of the Project and is not intended to verify the viability, feasibility or authenticity of the Project proposed.
For example, the Company will systematically refuse Projects that are fanciful, lack serious-mindedness, have no connection with any concrete reality or are doomed to failure.
Once published on the Site, Projects can no longer be modified. However, corrections may be added solely to boost the achievement of the Project's objectives.
It is the responsibility of Project Owners to ensure that they hold all the rights required for publishing the Project on the Site, and that they are in compliance with all the laws and regulations applicable to the design and production of the Project concerned. In particular, Project Owners shall refrain from publishing Projects that infringe current laws and regulations, could damage human dignity or the private life of any person, contravene moral standards, or incite or engage an illegal activity or any other activity that could harm the rights of the Company and its co-contractors, of other Users and more generally of any third party.
In addition, Project Owners are entirely responsible for the presentation of Projects published on the Site and must ensure that this presentation does not mislead Users.
Project Owners acknowledge that the provision of misleading, incomplete or erroneous information could engage their liability with regard to the Company and Users, and assume entire responsibility for the consequences of any omission or negligence in this respect.
In the event of the death or incapacity of Project Owners or the occurrence of any accident or other event making them unable to carry out the Project, the Company is authorised to suspend any collection under way. More generally, the Company may at its discretion cancel any collection under way and remove a Project if the Project Owner is seen to be infringing these conditions. In this event, all the Contributions registered will be immediately cancelled, the Ululers concerned reimbursed, and the Project Owner in question may not claim the sums collected.
Project Owners acknowledge that they are firmly committed to using every means to bring their Projects to fruition if they succeed in collecting the necessary Contributions.
They are asked to regularly update their Projects and to share information concerning the current progress and implementation of their Projects with the other Users.
They agree to inform Ululers of major advances in their Projects, even after the Collection Period has expired.
3.3 Promotion on or outside the Site
Through this agreement, Project Owners accept that the content and information provided can be freely exploited by the Company for the purpose of promoting the Project.
Project Owners thus exclusively grant the Company the rights indicated below, at no cost, for the entire world and for the entire period of this agreement, to enable the Company to provide the Service in the form of dissemination on the Internet, on mobile telephone networks and/or any other current communication network open to the public.
Project Owners grant the Company the right to:
use their name and the name and characteristics of the Project for its communication and to promote the Site;
reproduce and have reproduced the content and information provided on the Site on any network using any process in any form known or unknown, whether or not in combination with other works of any nature, if such actions are carried out as part of promoting the Project;
represent or have represented all or part of the Project's contents;
adapt or have adapted all or part of the Project's contents.
In addition, Project Owners expressly authorise the Company to carry out promotion and/or publicity for the Project, and to use the content to distribute advertising, commercial and/or promotional messages relating to the products or services of third parties.
Project Owners also expressly accept that the content and information supplied are used on the Site with the presence of brands or logos of the Company's partners.
3.4 Completion of Projects/Obligations of Project Owners
Project Owners agree to meet all their obligations to Ululers, particularly to accomplish the Project as initially defined and provide them with the Recompense described in the Project, when applicable.
Project Owners are asked to ensure that they are capable of providing the Recompense they have offered to Ululers at the end of the open collection for financing their Project. Recompense can be of any nature other than financial (personal creations, works, offers of partnerships, invitations, and so on).
Project Owners agree not to propose or provide any Recompense that is illegal, of a sexual, racist, discriminatory, defamatory, harmful or xenophobic nature, incites people to violence, damages the image of third parties, jeopardises public order or public decency, infringes any laws, violates professional secrecy, brand ownership or rights, patents or any other intellectual or industrial creation belonging to third parties, or which is dangerous or has been falsified.
Should Project Owners be unable to provide Ululers with the promised Recompense, they expressly undertake to reimburse them in full and accept that the Company will in no way assist them in this action.
Project Owners expressly acknowledge that they are solely responsible for accounting, fiscal and social procedures relating to the Project, including sums received via the Company.
The Company is not responsible for the actions of Project Owners, who remain solely responsible as regards the terms they agree with Ululers while collecting Contributions via the Site.
Project Owners are solely responsible for collecting Contributions they organise via the Site and distributing any Recompense they have offered in connection with Projects presented on the Site.
Consequently, any risk involved in the development and running of the Project, together with any postponements or cancellations, is entirely assumed by the Project Owners.
Project Owners may organise reimbursements at their sole discretion. The Company is not responsible for reimbursements of collected Contributions which have or have not taken place.
Project Owners agree not to propose Projects or related Projects on any other crowdfunding website or platform.
Article 4. Conditions applicable to Contribution collection and monitoring services
4.1 Collection of Contributions
Ululers are entirely free to choose the amount and allocation of their Contributions.
If applicable, they can choose the level of Recompense proposed by the Project Owner, however the amount of the Contribution paid must be equal to or higher than the value of the Recompense chosen.
By accepting these Conditions, Ululers 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.
It is emphasised that the Company is only an intermediary between Project Owners and Ululers as regards the promotion of a Project.
Consequently, Ululers may not seek the Company's liability if Project Owners fail to meet their obligations.
4.2 Rules governing Contributions from Ululers
The Company does not receive commissions from Ululers on the Contributions collected, which are the responsibility of the Project Owners.
Contributions are made using one of the payment methods proposed for the Project concerned, for example a bank card and/or PayPal, and/or payment by cheque, and/or any other payment method already proposed on the Site or subsequently integrated into the service.
4.2.1 Payment by bank card or direct debit
Ulule.com has chosen MANGOPAY SA to manage the services involving monetary payment by bank card or direct debit in Euro, through the MangoPay system. Payments and funds collection in currencies other than euro are managed by Stripe and/or Paypal payment system. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
For payments processed in euro, Ulule.com thus enables its Users to become Electronic Money unit holders, which they can allocate as Contributions to a Project in a few clicks. In using the bank card or direct debit payment system proposed on the Ulule Site, you must accept the Special Conditions of Use for the MangoPay Electronic Money service detailed below.
126.96.36.199 Preamble of the Special Terms and Conditions of Use for the MangoPay Electronic Money service:
The Special Terms and Conditions of Use for the MangoPay Electronic Money service are concluded between:
The client, an individual of legal age and capacity who uses the Electronic Money issued by MANGOPAY SA through MangoPay, hereinafter referred to as “You” or the “User; and
MANGOPAY SA., a limited liability company under Luxembourg law, with share capital of €500,000, having its registered office at 26-28 Rives de Clausen, L-2165 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, hereinafter “Mangopay” or the “Issuer”,
Hereinafter collectively referred to as the “Parties”.
Please read the Special Terms and Conditions of the MangoPay service for the Use of Electronic Money carefully. If you refuse to be bound by these Special Terms and Conditions for the Use of Electronic Money, you must not contribute to Projects through bank card payments or by Debit Direct, and you must not create any Projects on Ulule as a Project Owner.
188.8.131.52 Purpose of the Special Terms and Conditions of Use for the MangoPay Electronic Money service
The purpose of these Special Terms and Conditions for the Use of Electronic Money is to define the conditions whereby the Issuer provides the User with services regarding the issuing, use and management of the Electronic Money issued by the Issuer for Payment Transactions, in exchange for the payment of Fees.
These Special Terms and Conditions for the Use of Electronic Money constitute the entire Contract concluded between the Parties for issuing, using and managing the Electronic Money issued by the Issuer; they form part of the General Conditions of the Site linking the Distributor and the User in respect of the payment procedures used for Transactions.
Users can at any time obtain a copy of these documents free of charge by logging onto the Site. Only the Contract between Parties shall prevail in the event of a dispute.
184.108.40.206 Procedure for registering and opening an Electronic Money User Account
A User's Identifiers must comprise a login consisting of a User name (valid email address) and password. Users are entirely responsible for maintaining the confidentiality of their Identifiers. They agree not to use the Accounts, names or Identifiers of other Users at any time, or disclose their Identifiers to any third parties. They agree to immediately inform the Distributor at [email protected] if they suspect any unauthorised use of their Identifiers. Users are solely responsible for all use of their Identifiers.
Prior to the execution of a Transaction by bank card or direct debit, Users must complete their profile with their date of birth, place of residence and nationality.
In accepting the Special Conditions of Use for Electronic Money, you agree that the Distributor can carry out your registration for the Issuer's service as soon as it considers it necessary. The creation of your User Account formalises the contract. The Issuer and the Distributor may decide not to approve a registration request, without giving a reason or compensating the User. At all times, the Issuer reserves the right to request, via the Distributor, any additional information and identification data together with any documents proving any identification that it considers necessary.
When registering, and throughout the Contract period, Users must declare that:
- (a) they are aged at least eighteen (18);
- (b) all the information provided when registering is true, accurate and up to date.
220.127.116.11 Limitations of use for the Electronic Money Account
Until Users have sent in the documents listed below (required by the Issuer for verifying their identity), the following restrictions apply:
- Users may only hold a maximum total amount of €2,500 of Electronic Money during a single civil year via the same site, and
- a maximum total amount of €1,000 of reimbursed Electronic Money held by the User during a single civil year via the same site.
On receipt of the following documents, provided they are deemed satisfactory by the Issuer, the latter can remove the limits applicable to individual Users:
a copy of a current official identity document: for French citizens, a French identity card (both sides); for foreigners residing in France or abroad, a passport;
if the Beneficiary is not the actual Beneficiary of the funds, the identity of the actual Beneficiary, with a copy of his or her French identity card or passport if the actual Beneficiary is a foreigner,
and proof of residence if requested at the Issuer's discretion.
On receipt of the following documents, provided they are deemed satisfactory by the Issuer, the latter can remove the limits applicable to legal entity Users:
articles of association,
a recent copy of the trade register entry,
the head office address, and the law governing the company's registration and operating method,
proof of the identity of the chief executive officer or of a person authorised to make commitments on behalf of the company as regards operations carried out,
details of the company's bank account,
a declaration of all financial beneficiaries holding more than 10% of the capital, signed by the chief executive officer(s); proof of identity of actual beneficiaries who are individuals may be required at the Issuer's discretion.
On receipt of the following documents, provided that they are deemed satisfactory by the Issuer, the latter can remove the limits applicable to Users that are associations:
- proof of identity of the association's president
- memorandum of association receipt
In addition, it is expressly stipulated that the Issuer has the right to request the above-mentioned documents enabling the identification of the User and actual Beneficiary of the Account pursuant to the applicable regulations once the Account is opened.
18.104.22.168 Purchasing Electronic Money
Electronic Money can only be acquired by bank card or payment, in one or more transactions. The cash paid by the User is collected by the Issuer in exchange for the issue of Electronic Money units of an equivalent nominal value stored in the User's Account, after the fees listed in the General Conditions of the Site have been deducted.
22.214.171.124 Reimbursement for the cancellation of Electronic Money
Users holding Electronic Money can request the reimbursement of all or part of that Electronic Money at any time before any use by a Beneficiary. A valid Reimbursement request must be emailed to [email protected]
It must state the Reimbursement amount requested, which may be partial or total. The Issuer will then adjust the number of Electronic Money units issued by itself and held by the User on the Account. The Issuer will initiate a credit order for the Bank Card used within five (5) working days of receiving the User's request.
126.96.36.199 Possession of Electronic Money
The amount of corresponding Electronic Money is held by the User in the Account until:
the date of the Reimbursement, or
the date a Payment Transaction is carried out.
188.8.131.52 Use of Electronic Money for a Payment Transaction
The Payment Transaction amount is deducted from the registered Electronic Money amount in the Account. If the amount held in the Account is lower than the Payment Transaction amount, Users can provide the additional money required using one of the payment methods accepted by the Site. Otherwise, if a balance of Electronic Money remains in the Account after the Payment Transaction, this may be used for another Payment Transaction if the User so decides.
The Issuer is not concerned by the legal relationship between the User and the Beneficiary of the Payment Transaction. The Issuer cannot be held responsible for any faults, omissions or negligence on the part of the User or the Beneficiary towards each other.
The Electronic Money is transferred to the Beneficiary or Beneficiaries after a Payment Transaction has been processed.
184.108.40.206 Use of Electronic Money received via a Payment Transaction
Beneficiaries, depending on the case and according to the conditions set by the Contract and/or the General Conditions of the Site, can immediately use the Electronic Money received to carry out a new Payment Transaction or make a Withdrawal request.
In these situations, the Issuer pays the Beneficiary the corresponding sum into a bank account opened in its name, with the bank having its head office in the European Economic Area. To this end, Beneficiaries must supply the IBAN number and SWIFT code of the bank account in their name, together with their address.
The Beneficiary holding the Electronic Money is considered the actual Beneficiary of the Withdrawal within the meaning of the regulations. If need be, the Beneficiary agrees to provide the email address, date of birth, nationality and postal address of any person to whom the Beneficiary remits the funds arising from the Withdrawal. The Beneficiary is solely responsible for the Withdrawal and use of the corresponding funds.
If Beneficiaries decide to make a Withdrawal, fees may be charged to them in accordance with the General Conditions of the Site.
220.127.116.11 Transmission and execution of a Reimbursement order
If Users of an Account wish to make a Reimbursement, they must identify themselves on the Site with their User name (valid email address) and password. They then fill in the Reimbursement request form in the appropriate section and, if need be, provide the proof of identity requested by the Issuer. The Reimbursement request becomes irrevocable when the User clicks on the tab validating the form. The Distributor then sends a confirmation email to the User, and carries out the Reimbursement operation as detailed in the form.
18.104.22.168 Opposition of Identifiers
Users must inform the Distributor of the loss or theft of their Identifiers, or the misappropriation or any unauthorised use of these Identifiers or their data as soon as they become aware of the fact, so that they can be blocked. This declaration must be made:
- by telephone to the Distributor's Customer Service at +33 1 88 62 90 77
- or directly by email to [email protected]
Via the Distributor, the Issuer will immediately execute the request to block the Identifiers concerned. The event will be recorded and time-stamped. A blocking operation number with the time stamp will be communicated to the User. Written confirmation of this blocking operation will be emailed by the Distributor to the User concerned. The Issuer will take care of the dossier on the administrative side and keep a record of it for eighteen (18) months. At the written request of the User before this period has expired, the Issuer will communicate a copy of this blocking operation.
Any request to block identifiers must be confirmed immediately by the User concerned in a signed letter sent by registered post to the Issuer at the postal address at the top of this document, or by email to: [Customer Service email address]
Neither the Issuer nor the Distributor may be held responsible for the consequences of a blocking operation by fax or email that was not initiated by the User.
A request to block identifiers is considered to have been carried out at the date and actual time of receipt of the request by the Distributor. In the event of the theft or fraudulent use of Identifiers, the Issuer is authorised to request via the Distributor a receipt or a copy of the complaint filed by the User, who will respond as quickly as possible.
22.214.171.124 Contesting a Transaction
For disputes regarding transactions carried out by the Issuer under this agreement, such as a Payment Transaction or any debit or credit transaction involving a User's Account including the purchase of Electronic Money, a Withdrawal or a Reimbursement (hereinafter a "Transaction"), the User is asked to contact the Distributor's Customer Service or the address indicated for this purpose in the General Conditions of the Site.
Users who wish to dispute a Transaction they consider unauthorised or incorrectly executed should send their claim to the Distributor as soon as possible and within 13 months of the date of the Transaction in question (hereinafter a "Dispute").
The Issuer and the Distributor may not under any circumstances be held liable when the User is at fault for any intentional omission or serious negligence of any obligations, the delayed transmission of an Opposition or Dispute, or one not made in good faith.
After the Issuer has validated a Dispute, it will restore the User's Electronic Money Account to the state it was in before the contested Transaction was carried out, in the form of a temporary credit in Electronic Money units.
The Issuer will keep Users' Account in its books for a period of thirteen (13) months from the date of each Payment Transaction to enable Users to submit any Disputes. Users can at any time obtain, online from the Site, a detailed statement of the processed Payment Transactions.
After a Transaction is processed, the User will receive the following information by post from the Distributor:
- a) A reference number identifying the Transaction concerned;
- b) If need be, information relating to the parties involved in the Transaction;
- c) The amount of the Transaction concerned together with the purpose of the processed Transaction, if relevant;
- d) Details of any fees applied;
- e) If need be, the date of receipt of the corresponding order and/or the date on which the corresponding amount of Electronic Money was transferred.
126.96.36.199 Modification of the contract
The Issuer reserves the right to modify the Special Conditions of Use for Electronic Money at any time. These are made available on its website by the Distributor to all Users.
All Users can reject the proposed modifications, and must send written notification of their refusal to the Distributor's Customer Service by registered letter with acknowledgement of receipt before the date the proposed modifications enter into force (the postmark being taken as proof): ULULE SAS, 8-10 rue Saint Fiacre, 75002 Paris. If they do not notify their refusal within seven days of the modifications’ appearance on the Site, Users are deemed to have accepted the proposed modifications. The relations between the Parties after the date these enter into force will then be governed by the new version of the Special Conditions of Use for Electronic Money.
It is thus important for Users to regularly consult these Special Conditions of Use for Electronic Money available online on the Site at all times.
If Users reject the modifications, this refusal will give rise, without any cost, to the termination of the Special Conditions of Use for Electronic Money together with the Reimbursement of Electronic Money units belonging to them.
188.8.131.52 Responsibility of the Issuer with regard to Site access
The Issuer may not be held liable by Users for any errors, omissions, interruptions or delays in operations carried out via the Site resulting from unauthorised access to the latter; nor may the Issuer be held liable for any thefts, destruction or unauthorised communication of data resulting from unauthorised access to the Site.
The Issuer reserves the right to temporarily suspend access to the online Account for technical or maintenance reasons without such operations giving the right to any indemnity. It undertakes to limit this type of interruption to the strictly necessary.
The Distributor is solely responsible for the security and confidentiality of the data exchanged during use of the Site, in accordance with the General Conditions of the Site. The Issuer is responsible for the security and confidentiality of the data it exchanges with Users under this Contract in creating and managing their Accounts and handling Transactions pertaining to these Accounts.
184.108.40.206 The Issuer's liability: Exclusions
The Issuer in no way intervenes in Transactions. The Issuer has no control over the compliance, security, legality, characteristics or appropriate nature of the products involved in a Transaction. In this respect, it is the User's responsibility to take all necessary precautions before undertaking a Transaction in full possession of the facts. All Transactions undertaken by Users give rise to a contract formed directly between them and the Beneficiary or Beneficiaries, with whom the Issuer has nothing to do. The Issuer may not therefore be held responsible for the non- or incorrect execution of obligations arising from this fact, nor for any damages caused to Users in this respect.
Notwithstanding any provisions to the contrary in this Contract, the Issuer's responsibility with regard to the User is limited to the redress of direct damage caused by the failure to execute a contractual obligation stipulated in this Contract.
220.127.116.11. Users' commitments
Users guarantee that no elements of their profile on the Site jeopardise the rights of third parties or are contrary to the law, public order or moral standards.
They agree not to:
• Execute the Contract in an illegal manner or in conditions that could damage, deactivate, overload or alter the Site;
• Steal the identity of another person or entity; falsify or conceal their identity or age, or create any kind of false identity;
• Distribute data or personal information relating to a third party, such as postal addresses, telephone numbers, email addresses, bank card numbers, etc.
If any of these obligations are infringed, the Issuer reserves the right to take any appropriate measures to put an end to the actions concerned. It also has the right to suspend, remove and/or block Users' access to an Account.
Without prejudice to any legal action instigated by third parties, the Issuer reserves the right to personally instigate any legal action in view of remedying the damage it has personally suffered because of omissions attributable to Users in the context of this contract.
If Users observe any infringement to the above-mentioned obligations, they should inform the Issuer by contacting the Customer Service at this address: [email protected]
18.104.22.168 Term of the Special Conditions of Use for Electronic Money; termination
The Special Conditions of Use for Electronic Money are concluded for an indefinite period as from receipt by Users of the confirmation email of their registration. Users may terminate the Special Conditions of Use for Electronic Money at any time, with notice of thirty (30) calendar days. This termination involves the termination of the entire Contract and thus entails the closure of the Account. To do so, Users must send their request to terminate this Contract to the Customer Service by registered letter with acknowledgement of receipt: ULULE SAS, 8-10 rue Saint Fiacre, 75002 Paris.
Users must give their bank account details so the Issuer can reimburse them for any Electronic Money credits in their Accounts. In the absence of such information, the Issuer will follow the Reimbursement instructions and credit the Bank Card used to buy the Electronic Money. The Issuer is released from any obligation once it has confirmed the transfer to the bank account given or the credit to the Bank Card of the Electronic Money sum.
If a successor to the Issuer is appointed to issue the Electronic Money distributed on the Site, the Distributor is responsible for obtaining the express written agreement of Users regarding this change and informing the Issuer of the procedures for transferring the corresponding funds to Electronic Money, with the applicable fees deducted.
In the event of any serious breach, fraud or outstanding payments on the Users' part, the Issuer reserves the right to suspend or terminate this Contract by sending an email, accompanied by a registered letter with acknowledgement of receipt in the event of termination. Termination entails the removal of the Account, and may result in a Reimbursement to the User. These Reimbursements can in certain cases be blocked pursuant to money laundering and terrorism funding legislation.
The termination of the Special Conditions of Use for Electronic Money by a User's entails no right to any indemnity for the User, the Distributor or the Beneficiary.
22.214.171.124 Right of withdrawal
Users have a period of fourteen (14) full calendar days to exercise their right of withdrawal without having to provide a reason or incurring a penalty. The withdrawal period starts on the date of their registration as Users.
Users must notify their request to withdraw within the deadline to the Distributor's customer service by telephone or email, and send a letter of confirmation to the Distributor's customer service address.
The Users' contract will then be terminated at no cost according to the conditions and subject to the reservations stipulated in articles L.121-20-8 and thereafter of the French Consumer Code.
126.96.36.199 Money laundering and terrorism funding legislation
The Issuer is subject to all France's and Luxembourg's regulations to counter money laundering and terrorism funding.
In application of the provisions of French and Luxembourg law, relating to the participation of financial organisations in the fight against money laundering and the financing of terrorist activities, the Issuer is bound to obtain from all Users for any transaction or business relationship information about the origin, purpose and destination of the transaction or the opening of an Account. In addition it must carry out all due diligence required to identify Users and any actual beneficiary of the Account and/or Transactions linked with the latter. Users undertake to make every effort to enable the Issuer 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.
Users acknowledge that the Issuer may end or postpone at any time the use of Identifiers, 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.
Users 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.
188.8.131.52 Personal data and professional secrecy
Users accept that personal contact details and information concerning them collected by the Issuer under this contract may be sent to companies in the group to which the Issuer belongs and to operational service providers with which it has contractual relationships for the purpose of executing the transactions and services proposed, provided that the third parties receiving personal data are subject to regulations guaranteeing a sufficient level of protection as defined in article 561-7 II b of the French Monetary and Financing Code. The list of third parties receiving information covered by professional secrecy is accessible upon request to the Issuer's compliance officer. This information will be stored by it or any company authorised for this purpose, according to legal and regulatory conditions.
Certain information collected and held by the Issuer under this contract may involve the right to access and modify information, stipulated by the amended Data Protection Act no. 78-17 of 6 January 1978. All Users may at any time obtain a copy of the information concerning them by sending a request to the Issuer’s CNIL (French data protection authority). They may submit a written request to the same address for this information to be deleted or corrected. They may at any time opt out of receiving commercial canvasing, change their contact details or oppose their transmission by sending a registered letter or email with acknowledgement of receipt to the Issuer's Customer Service address. This letter must indicate their full name and Identifiers. Pursuant to current regulations, this must also be signed and accompanied by a photocopy of an identification document bearing the User's signature and indicating the address at which they wish to receive a reply. A reply will be sent to the address indicated within two (2) months of receipt of their request.
The Issuer will keep personal information and data for the maximum legal or regulatory period, depending on the purpose for each data processing operation.
The conditions for collecting, holding and accessing personal data collected by the Distributor and for which it is responsible as regards access to the Site are governed by the terms of the General Conditions of the Site and by the confidentiality charter available on the Site.
184.108.40.206 Inactive accounts
The Distributor and the Issuer reserve the right to close accounts that have remained inactive for more than twenty-four (24) months.
If any User's Account has remained inactive for twenty-four (24) months, this may lead to notification of its closure, provided that the User has received the information by email and by letter, followed by a reminder one month later. In the absence of any reply, the Account will be closed and closure fees deducted, as indicated in the General Conditions of the Site, and will no longer give rise to the subsequent use of outstanding Electronic Money. All Users will dispose of credit with the Issuer corresponding to the amount of Electronic Money still in their account at the closure date, after closure expenses have been deducted. The Issuer will reimburse the credit on the basis of the payment information it holds. If it is impossible to make the reimbursement, it will be Users' responsibility to transmit their up-to-date bank details so that the Issuer can make a transfer. If their bank details are not communicated, Users are informed that each year, reporting and reminder fees as indicated in the General Conditions of the Site will be deducted from the credit amount.
220.127.116.11 Force majeure
The Parties may not be held responsible or considered as having failed to meet their obligations concerning this Contract in the event of delay or non-execution if the situation results from a case of force majeure as defined by case law in the French courts.
18.104.22.168 Independence of contractual stipulations
If any stipulation in this Contract is deemed void or unenforceable, it will be considered non-existent and shall not invalidate the other stipulations.
If one or more stipulations in this Contract become null and void and are declared as such in application of a law or regulation or following a final decision issued by a competent jurisdiction, the other stipulations shall remain legally binding and retain their scope. Stipulations declared null and void shall be replaced by stipulations that correspond as closely as possible to the meaning and scope of the stipulations initially agreed.
22.214.171.124 Protection of funds deposited
Users' funds are deposited at the end of each Working Day in an account opened with a Bank, and are protected by it.
The Contract may not be totally or partially transferred by a User, for payment or free of charge. It is thus forbidden to transfer any of the rights or obligations resulting from this contract to a third party. If this prohibition is flouted, this contract may be immediately terminated, and the User held liable by the Issuer.
Account creation and management services are invoiced by the Issuer to the Distributor and are included in the fees passed on to the Project Owner as defined in the General Conditions of Sale.
126.96.36.199 Agreement regarding proof
All the data collected in an unalterable, reliable and secure manner in the Issuer's computer database, relating notably to payment orders and confirmations received from Users, notifications sent, access and Withdrawal and Reimbursement operations, shall be considered as proof between the Parties until proved otherwise.
4.2.2 Payment by cheque or transfer
The Company reserves the right to accept or refuse payment by cheque or bank transfer for each Project Owners' Project.
In this situation, the Contributions will be managed by the Project Owners themselves, who will collect the Contributions directly.
Cheques or bank transfers should be sent to Project Owners by Ululers. The Project Owner must then provide the Company with proof of receipt of this cheque or bank transfer, by means of a photocopy or photograph of the cheque. The Company will then manually add this Contribution by cheque or transfer to the sums collected by the Project. The Project Owner must therefore provide the Company with proof of receipt of said cheque or transfer before the end of the Collection Period. Proof that the cheque has been issued or the cheque itself must in any case be received by the Company by the end of the Collection Period. Cheques received after the end of the Collection Period, even if they have been issued and/or sent before this date, may under no circumstances be integrated into the funds collected.
4.2.3 Payment through PayPal
In supporting a Project via the PayPal payment system, Ululers accept PayPal’s general conditions of use. The Contribution is only debited if Project Owners achieve their objective.
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 received directly by PayPal.
In addition, the Company applies its own commission as payment for its intermediary service, as stipulated in article 6.4.
4.3 Management of Contributions
4.3.1 Payment by bank card
Contributions made by bank card are immediately debited from Ululers' accounts.
Ululers can cancel their Contributions before the expiry date of the Collection Period. In this case, the amount of their Contribution is paid back to their Electronic Money account, according to the provisions of article 4.2. Ululers can then at any time request the reimbursement of the balance of their Electronic Money Account, which will be carried out at no charge.
If the financing objective has not been achieved by the end of the Collection Period, Ululers' Contributions are then paid back from the Project Owners' Electronic Money account to the personal Electronic Money account of the Ululers who made the Contribution. In this case, the Ululer 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 Collection Period, the financing objective has been achieved or exceeded, the total sum of Contributions will be transferred to the bank account of the Project Owner and can then no longer be reimbursed to the Ululer who made the Contribution via the system set up by the Company and its partner Mangopay.
In the event of a dispute, Ululers should take action against the Project Owner.
Ululers acknowledge and expressly accept that the Company will communicate to Project Owners information on their identity and address, notably to enable Project Owners to send them the Recompense promised.
4.3.2 Payment by cheque or transfer
Project Owners agree only to cash Contributions made by cheque at the end of the Collection Period, and only if the financing objective for their Project has been achieved.
Ululers can cancel their Contributions at any time before the expiry date of the Collection Period and ask the Project Owner not to cash the cheque issued by the Ululer but to destroy it.
With payments made by transfer, Project Owners undertake to reimburse Ululers' Contributions if the Project financing objective has not been achieved by the end of the Collection Period.
With payments made by transfer, Ululers can cancel their Contributions at any time before the expiry date of the Collection Period, and ask the Project Owner to reimburse any transfers they have made.
Ululers acknowledge and expressly accept that the Company will communicate their identity and address to Project Owners, notably so that the latter can send them the promised Recompense.
In the event of a dispute, Ululers should take action against the Project Owner.
4.3.3 Payment via PayPal
Ululers can cancel their Contributions at any time before the expiry date of the Collection Period.
Contributions paid through PayPal will only be processed by the Company if the Project financing objective has been achieved, once the Collection Period has ended. The corresponding sums will then be paid from the Ululer's PayPal account to the Project Owner's PayPal account. At this point, the Company can no longer cancel the corresponding Contributions or reimburse Ululers who have made them.
Ululers acknowledge and expressly accept that the Company will communicate information on their identity and address to Project Owners, notably in order to enable Project Owners to send them the promised Recompense.
In the event of a dispute, Ululers should take action against the Project Owners.
4.4 Commission as payment for the intermediation service and payment of sums collected
Access to the Site is free.
The Company receives a commission on the funds collected for the Projects of Project Owners which have achieved or exceeded the financing objective by the end of the Collection Period.
With Project Owners receiving Contributions, the fees for the services provided by the Company are calculated as a percentage of the amount of Contributions collected by the Site.
The percentage applicable varies according to the payment method, the volume of funds collected, and the currency in which funds are collected.
For Project Owners collecting funds in euro, the following commission applies :
For funds collected between €0 - €100,000: commission of 6.67% excluding tax for funds collected by Bank Card, and 4.17% excluding tax for funds collected via PayPal or cheque or bank transfer
For funds collected between €100,001 - €250,000: commission of 5.83% excluding tax for funds collected by Bank Card, and 3.33% excluding tax for funds collected via PayPal or cheque or bank transfer
For funds collected between €250,001 - €500,000: commission of 5.00% excluding tax for funds collected by Bank Card, and 2.50% excluding tax for funds collected via PayPal or cheque or bank transfer
For funds collected over €500,000: commission of 4.17% excluding tax for funds collected by Bank Card, and 1.67% excluding tax for funds collected via PayPal or cheque or bank transfer
A Project has collected €166,000 on Ulule: €112,000 by Bank Card and €54,000 via PayPal.
The commission as payment for the intermediation service is calculated as follows:
All the funds, whatever the payment method, are first added together (€166,000) in order to apply the correct rate for each PayPal/cheque/bank transfer bracket. Commission of 2.5% excluding tax is then applied to the funds collected by bank card only, which constitutes the difference between the bank card rate and the cheque/bank transfer/PayPal rate whatever the level:
€100,000 x 4.17% + €66,000 x 3.33%
+ €112,000 x 2.50%
= Commission of €9,167.80 excl. tax.
For Project Owners collecting funds in another currency than euro, commission is 6.67% excl. tax. for funds collected by Bank Card, and 4.17% excluding tax for funds collected via PayPal or cheque or bank transfer.
VAT is applicable at the current rate on the day when the collected funds are transferred, and depends on the location of the Project Owner. The services provided by Ulule SAS are considered under Community legislation as electronic services, and the VAT rate applicable when the Project Owner is a private individual thus depends on the latter's location.
As from 1 January 2015, services delivered electronically are taxable in the place of consumption when these services are provided by parties liable for tax, whether they are established in European Union (EU) territory or not, to people who are not liable for tax ("consumers") having their domicile or usual residence in EU territory. Electronic service provisions are thus taxed at the current VAT rate in the member state where the consumer is domiciled (for example, 20% for a private individual Project Owner based in France, which entails a commission rate of 8% including VAT for funds lower than €100,000 collected by bank card).
If the Project has collected funds through bank card payments, the fees for Services corresponding to all the payment methods used are deducted by the Company from the amount of the sums collected via the Site when they are paid to the Project Owner.
This payment is made within twelve (12) working days of the Collection Period ending, if the Project Owner has provided all the information (including bank contact details) and all the identification required for the payment of funds (particulars of their bank account, copy of identity papers, etc.).
If the funds collected by bank card are insufficient for the Company to deduct the amount of its commission, it is the Project Owner's responsibility to pay the Company the amount of the commission due on receipt of an invoice.
4.5 Taxes applicable to the funds collected and issuing of tax receipts
It is the responsibility of each User to pay any applicable tax or associated duties, whether on the Contributions collected via the Site as Project Owners, or on Contributions made by Ululers to support the Project.
The Company may under no circumstances replace them to this end, or even advise them on the nature and details of their obligations.
Project Owners are responsible for drawing up and directly sending to Ululers any tax receipts attesting to a contribution to the Contributions via the Site.
It is the responsibility of all Ululers to check their eligibility to benefit from tax deductions on all or part of Contributions made via the Site, in accordance with current French laws.
Any dispute regarding the production of such tax receipts and the information they contain should be sent directly to the Project Owner by Ululers.
Article 5. Conditions applicable to the services for disseminating messages: Forum and comments spaces
5.1. Responsibility regarding messages and content put online by Users and Project Owners.
Users and Project Owners must not post any content that could mislead other Users of the Site, or which constitutes a false declaration. They assume sole responsibility as regards the other Users for any loss suffered by these Users due to the inaccurate or misleading nature of this content.
Users and Project Owners must ensure that they hold the rights required to publish the contents they disseminate, including intellectual property rights.
The Company declines all responsibility for any violation of the rights of third parties.
Users and Project Owners are solely responsible for the content they put online on Forums and spaces for comments and must ensure that the information published does not infringe any current legal or regulatory provisions. In particular, Users and Project Owners must not host any content that is manifestly or potentially illegal, whatever the support (sounds, texts, images, videos, etc.).
The Company does not exercise any upstream moderation with messages and content put online by Users or Project Owners, or to which the Site may have a link. It acts as a host as defined by article 6I2° of the LCEN (French Law on confidence in the digital economy), and in this respect only exercises a storage activity.
5.2. Information provided to the Company by Users of the Site.
All Users must inform the Company of any illicit or manifestly illicit content by email to the following address: [email protected]
5.3. Right to remove content and/or the Personal Accounts of Users or Project Owners
The Company reserves the right, without any prior notification or indemnification, to immediately remove any illicit or manifestly illicit content of which it becomes aware, together with the Personal Accounts of any Users or Project Owners publishing illicit content.
In addition, in application of article 6I2° of the LCEN (French Law on confidence in the digital economy), the Company reserves the right to communicate to the legal authorities any information enabling the identification of any User having posted manifestly illicit content of which it becomes aware.
Article 6. Period of relations with the Company
These General Conditions of Sale and of Use apply throughout the period of use of the Site and until the closure of the Account for any reason.
Article 7. Data protection
7.1 Collection of information
Users are aware and acknowledge that they must provide information concerning themselves when they register on the Site and subscribe to the Services proposed by the Company.
Some information is even obligatory, particularly information enabling the identification of Users.
Personal information collected by the Company includes full name and email address and can also include, particularly for Project Owners, the postal address, nature of the person or entity registered (private individual, association or company), company identification number, landline and/or mobile telephone number, banking information, one or more photographs, one or more vocal announcements, videos, interests and use of the Site.
In addition, some non-personal information may be collected, such as the version of the User’s browser (Chrome, Firefox, Internet Explorer, etc.), the type of operating system used (Windows, Mac OS, etc.) and the IP address of the computer used.
When registering, or at any time subsequently, all Users can ask to receive offers by email concerning the services provided by the Company and its partners.
Subsequently, all Users can ask, at no cost, to receive or not to receive the Company's newsletter and/or promotional offers sent to them via email by the Company and/or its partners, by managing the options in their Personal Accounts.
7.2 Declaration of automated processing of personal information with the CNIL
The Company, which processes personal information, has declared the Site to the CNIL (French data protection authority). The website is registered under no. 1812882 v 0.
7.3 Use of data
The purpose of the information on Users collected when they register and subscribe to the Services is to enable the identification of Users of the Site and their use of the various Services offered on the Site.
Every precaution has been taken with the databases to archive information about Users in a secure environment. Only certain employees of the Company or any other Company authorised by it or belonging to the same group have access to this information, and only if strictly necessary. The personal information provided by Users when they register does not constitute an announcement accessible to third parties, and is not transmitted, sold or exchanged except in the cases indicated below, provided that Users have first been informed and have given their consent, or in the absence of opposition on their part.
However, as an exception to the above, Users who make Contributions to financially support a Project accept that the Company will communicate the necessary personal data of such Users to the Project Owner, so that they can receive the Recompense stipulated in the Project.
The Company may send Users promotional offers from the Company, provided that Users have given their free prior consent when they register, and have not subsequently opposed such promotional offers.
7.4 Right to correct and oppose information
In application of the French Data Protection Act of 6 January 1978, amended by Act 2004-801 of 6 August 2004, Users have the right to access, modify and delete data concerning them, which they can exercise by emailing: [email protected]
For the Company to be able to meet such requests, it is the Users' responsibility to send it the information necessary for their identification (title, full name, address, post code, town and country).
Users acknowledge and accept the possibility of cookies being installed on their computers in order to register any information relating to their computers' browsing of the Site.
Cookies are data that contain no personal information and which are sent via the server to the computer hard drive.
The role of cookies is to identify Users more rapidly when they log on, and to facilitate their contribution to certain events, promotions, activities, etc. proposed on the Site.
Users are informed that they can block cookies by configuring their browser to do so. However, the use of the Site may then be disrupted.
Users acknowledge that in a general manner and given the state of current technology, every time they provide personal information online, this information can be collected and used by third parties.
Consequently, Users release the Company from all responsibility for the damaging consequences of the use by third parties of information exchanged via the communication tools proposed by the Site.
Article 8. Responsibilities
8.1 Operation of the network
In order to use the Services, Users must possess the equipment, software and settings required for the proper functioning of the Site. Users must possess the skills, hardware and software required for the use of the Internet. Users declare they are aware of the characteristics and constraints of the Internet.
Users acknowledge that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions while they are circulating on the Internet. Users thus communicate them at their own risk and peril.
The Company may not be held liable for incidents which may result from this transmission. In any event, Users expressly recognise and agree to use the Site at their own risk and under their sole responsibility.
Given the specific features of the Internet, the Company offers no guarantee of continuous service, and is only bound in this respect by a best endeavours obligation.
The Company's responsibility may not be incurred in the event of damages linked to the temporary impossibility of accessing any service proposed by the Site.
No delay, suspension or cancellation in the dissemination of the Project, including due to the technical failings inherent to the functioning of the Internet and external to the Company and independent of its wishes, can be a reason for refusing any kind of payment on the part of the User, nor give the right to any kind of indemnification in any form.
The Company may not be held responsible for any non-operation, inability to access or bad conditions regarding the use of the Site attributable to causes such as unsuitable equipment, an internal malfunction with the Users' Internet provider, Users' incorrect use of the Site or Services, or the congestion of the Internet.
The Company declines all liability for any damage or loss relating to the use of or impossibility of using the Site or its contents, apart from exceptions stipulated by law.
8.2 Modification of the Site
It is stipulated that the content of the Site is not permanent.
All information contained on the Site may thus be modified at any time, given the interactivity of the Site, without this incurring the Company's liability.
8.3 Availability of the Site
The Company has a best endeavours obligation as regards supplying the Services. It thus declines all responsibility for any unavailability, suspension or interruption of the Site or Services arising during maintenance operations, the upgrading of hardware or software, emergency repairs of the Site or following circumstances beyond its control (including but not limited to technical failures or a breakdown in telecommunication links and equipment).
The Company will endeavour to take suitable measures to limit these disturbances insofar as they are attributable to the Company.
Furthermore, The Company may not be held responsible for any indirect or unpredictable damage within the meaning of articles 1150 and 1151 of the French Civil Code.
Pursuant to article 1992 of the French Civil Code, the Company's responsibility may not be incurred in the event of fraud or errors committed in its management.
8.4 Use of the Site
The information provided by Users must be true, accurate and not misleading. The consequences of its disclosure on their lives and/or that of other Users are the sole responsibility of the Users concerned.
It is stipulated that Users make the decision to disclose and disseminate information, data, texts, content, photos and videos concerning them on the Site. Users shall thus assume entire responsibility in this respect and may not take any action against the Company, notably as regards the infringement of their image rights, or damage to their honour, reputation or right to privacy resulting from the dissemination or disclosure of information concerning them.
The Company does not guarantee that the information presented is detailed, complete, verified or accurate. Documents, information, descriptions and in general any content present on the Site are supplied "as is", without any express or tacit guarantee of any kind.
The Company may not be held responsible for the inaccuracy of information and content provided by other Users, visitors to the Site and/or Users themselves.
In addition, the Company may not be held responsible for any content disseminated by a User infringing the rights of any other Users or third parties.
8.5 Contact created between Project Owners and contributor Ululers
Because its role is limited to intermediation, Project Owners and contributing Ululers acknowledge and expressly accept that the Company may not under any circumstances or in any way be held liable for Projects , including their presentation, roll-out, delays, cancellations and the delivery or non-delivery of Recompense.
The Company is not responsible for actions or omissions of Project Owners, who remain solely responsible for all the terms and conditions for executing the Project with regard to Ululers.
Consequently, Ululers should only address their questions or claims to Project Owners.
Project Owners hold the Company harmless and undertake to indemnify it as regards any damage suffered by the latter, and to protect it against any liability action instigated against it by any Users and more generally any third parties, concerning the infringement of any rights resulting from the publication and realisation of the Project on the Site.
Likewise, the Company is bound by no obligation to provide advice in respect of this Contract. The Company may thus under no circumstances be held responsible for the consequences of Ululers ' Contributions. Notably, the Company only intervenes in a limited manner with Project Owners in order to assist them in the presentation and promotion of their Projects.
8.6 Disputes between web users
The Company declines all responsibility if a dispute arises between Users and/or Visitors and/or Project Owners who have entered into contact on the Site.
8.7 Hypertext links
The Site contains links to third party websites.
The linked sites are not under the Company's control and it is not responsible for the content of these linked sites. The Company provides these links for convenience and a link does not imply that the Company sponsors or recommends the Site in question or that the Company is affiliated to it.
Linked sites are owned and operated by independent retailers or service providers and as such, the Company cannot guarantee that Users will be satisfied with their products, services or commercial practices.
It is Users' responsibility to carry out all the checks they consider necessary or timely before undertaking transactions with any of these third parties.
Article 9. Intellectual property
9.1 Contents disseminated by the Company
9.1.1 Ownership of the Site and its content
The brands (including Ulule) and derived logos are the intellectual property of the Company.
More generally, all patrimonial and moral intellectual property rights relating to the content and information of the Site belong by rights to the Company, subject to any patrimonial rights belonging to a third party and for which the Company has obtained the necessary transfer of rights or authorisations.
The rights granted to Users for using the Site and Services provided by the Company imply no transfer or authorisation to exploit or use any of the elements of the Site.
All elements of intellectual property, including brands, drawings, texts, hyperlinks, logos, images, videos, sound elements, software, page layout, databases, codes, etc. contained on the Site and on associated sites are protected by national and international intellectual property laws.
They remain the exclusive property of the Company and/or its partners.
Consequently, without the prior written authorisation of the Company and/or its partners, Users may not in any way reproduce, represent, republish, redistribute, adapt, translate and/or transform any element composing the Site, whether partially or wholly, or transfer it to another site.
Users are authorised to reproduce the Ulule logo on third party websites, but only to promote the Project and/or the Ulule site.
Users acknowledge and take note that breaching this prohibition constitutes a reprehensible infringement in both civil and criminal terms.
9.1.2 Rights of the database producer
The Company is the producer of the database constituted by the Site within the meaning of articles L .341-1 and thereafter of the French Intellectual Property Code. Any extraction or use of the content of the database that is not expressly authorised may incur the civil and/or criminal liability of the party concerned.
The Company reserves the right to take any legal proceedings against persons who do not respect this prohibition.
9.2 Content disseminated by Users
Users grant the Company a licence to use the intellectual property rights attached to the content provided by that User for distribution on the Site.
This licence notably includes the right for the Company to reproduce, represent, adapt, translate, digitise, use and sublicense content concerning the User (information, images, videos, descriptions, search criteria, etc.) on all electronic communication supports to provide its Services.
Users expressly authorise the Company to modify said content in order to respect the graphic guidelines of the Site or other communication supports as indicated above and/or make them compatible with its technical performances or the formats of the support concerned.
These rights are granted for the entire world and for the entire period of execution of these General Conditions between Users and the Company.
Users shall also refrain from copying, reproducing or in any other way using content relating to other Users other than for the strict requirements of using the Services for personal and private purposes.
Article 10. Suspension and interruption of the Services
Without this creating an obligation on its part to verify the content, accuracy and consistency of content, the Company has the right to refuse the insertion of a Project, in accordance with press and publication sector practices.
The Company is free to remove or modify, prior to or after its dissemination, any content on the Site that has no connection with the normally expected content or the Site's editorial line or which does not respect current laws and regulations.
To this end, the Company has the right to carry out electronic surveillance to identify contentious content and take action against the author, including exclusion.
The Company reserves the right to suspend or limit access to the Services registered for by Users after having informed the interested parties by any means in the event that Users fail to respect any of the obligations stipulated by these General Conditions of Use.
Thus, without prejudice to the provisions of article 13, "Termination", if Users fail to honour any of their obligations, the Company reserves the right to block any Project or content of the Users concerned, to delete contentious messages or contents whatever their nature, to prevent the publication of all or part of the Project, and/or to block their access to all or part of the Services, whether temporarily or permanently, without any compensation or reimbursement and without prejudice to any legal action that may be taken against the Users.
In the event of suspension for any reason, the Company reserves the right, as a penalty clause, not to reimburse all or part of the amounts credited, which it considers necessary to remedy any damages of any kind it has suffered.
Article 11. Force majeure
The Company's liability may not be incurred if the execution of any of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French courts, including but not limited to natural disasters, fires, the blocking of means of transport for any reason, total or partial strikes within or outside the Company, lockout, the interruption of telecommunication or computer networks for any reason (power cuts, computer viruses, etc.) and governmental or legal restrictions.
Article 12. Termination
Users or Project Owners may at any time request the termination of their account by email to [email protected] or by post to ULULE SAS, 8-10 rue Saint Fiacre, 75002 Paris.
These General Conditions of Use may be terminated by the Company with notice of one (1) month.
Furthermore, in the event of Users' non-execution or non-respect of any of the obligations and stipulations contained in these Conditions, the Company may modify, suspend, limit or stop access to the Site fifteen (15) days after notification addressed to a User has remained without response, without the latter being able to claim any indemnification, and without prejudice to the damages that the Company may claim to remedy the prejudice suffered.
In the event of a serious infringement of any of the provisions of the General Conditions of Use, the Company is within its rights to cancel a User's account without notice or notification, without any indemnification and without prejudice to any damages the Company may claim to remedy the prejudice suffered.
In the event of termination, Projects at the Collection Period stage can then be stopped and the relevant Contributions reimbursed to the contributors concerned.
Article 13. Final provisions
13.1 Correspondence – Proof
Correspondence exchanged between the Company and Users is mainly carried out by email. In application of articles 1316 and thereafter of the French Civil Code, Users acknowledge and accept that information delivered by the Company by email and on the Site constitutes proof between the parties and has the same probative validity as a written document.
Unless expressly stipulated to the contrary, notifications between the Parties to these Conditions are made by email.
Notifications are deemed to have arrived twenty-four (24) hours after the dispatch of the email, unless the sender is notified that the email address is invalid.
13.3 Applicable law
By express agreement between the parties, these General Conditions of Use and the transactions arising from them are governed by 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.
In the event of any difficulty or difference between the parties arising from the interpretation, execution or cessation of these General Conditions of Use, the parties must endeavour to resolve the problem as best they may, and agree to seek an amicable solution in the spirit of these General Conditions of Use.
Failing an amicable solution, the most diligent party should submit the case to the competent courts.
IT IS STIPULATED THAT ANY DISPUTE WITH A USER ACTING AS A RETAILER ARISING FROM THE INTERPRETATION, EXECUTION OR BREACH OF THESE GENERAL CONDITIONS FALLS WITHIN THE JURISDICTION OF THE PARIS COMMERCIAL COURT.
If any of the stipulations contained in the General Conditions of Use are declared null and void, the validity of the other stipulations in these General Conditions shall not be affected in any way.
The stipulations declared null and void shall, in accordance with the spirit and purpose of these Conditions, be replaced by other valid stipulations which shall be similar in scope to the stipulations declared null and void, as far as the law permits.
Should the Company not cite any of the provisions of these General Conditions of Use at a given moment, this may not be interpreted as a waiver of the right to cite it at a later time.
The Company reserves the right to transfer to any third party of its choice all or part of its rights and obligations under these General Conditions, or to substitute any third party for the execution of same, which Users unreservedly accept.
14. Legal notices
14.1 Identification of the publisher
Users are informed that the Site is published by Ulule, a simplified joint stock Company with capital of €157,951, registered in the Paris trade and companies register under no. 794 710 830, having its head office at 8-10 rue Saint Fiacre, 75002 Paris. Individual tax identification number (EU VAT): FR57794710830. We can be reached during office hours on +33 (0)1 83 62 90 69.
14.2 Director of Publication
The Site's Director of Publication is Alexandre Boucherot, whose email address is [email protected]
14.3 Site host
The Site is hosted by OVH, whose company details are as follows:
OVH, a simplified joint stock Company with a capital of €10,000,000, Roubaix-Tourcoing trade and companies register number 424 761 419, having its head office at 2 Rue Kellermann, 59100 Roubaix.
14.4 Contact for all claims concerning the Site and/or its content
The contact email address for all claims concerning the Site and/or its Content is [email protected]