1. WHAT IS ULULE ?
Ulule is a service and a community platform which enables people to “make good things happen” 1/ by helping Project Creators to organize fund-raising programs (‘“Ulule Projects”) 2/ by providing tools for discussions, classifieds and questions about projects (“Ulule Vox”).
2. WHO IS EDITING ULULE ?
Ulule is a service edited by ULULE, SAS (Société à Actions Simplifiées) with a capital of 157.951€, signed up to RCS in Paris. Our offices are at 8-10 rue Saint Fiacre, 75002 Paris, France.
Want to learn more about the team ? Read the team page and check thecontact page.
In order to use many of the Website's features, you must set up an account using the online registration form. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of Ulule may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
4. ABILITY TO ACCEPT TERMS & CONDITIONS
Children under the age of 13 are not permitted to register with Ulule. It is Ulule's policy not to collect any information from anyone under the age of 13.
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms. In any event, You warrant that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Ulule website at any time or in any manner.
5. ULULE PROJECTS : FUND-RAISING, E-COMMERCE, FEES
Ulule (“Ulule Project”) helps Project Creators to raise funds by connecting them with Project Supporters (friends, contacts, or Ulule users).
Funds are collected using two electronic payment systems:
Project Creators and Project Supporters are responsible for the correctness and completeness of bank and Paypal information indicated in Ulule's interface.
Projects Creator are responsible for the accuracy of the Bank identification numbers (BIC / SWIFT) and Paypal information they provide.
Ulule shall not be liable for the actions of a Project Creator.Ulule is not liable for any damages or loss incurred related to rewards or any other use of the Service. All dealings are solely between Users. Ulule is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site.
Ulule does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Ulule, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
The Project Creator is solely responsible for the fund-raising program he starts, and responsible for all the possible rewards he promisses to send.
It is important that you be aware from the start that there is “risk” involved with any project, from the idea stage through to pre-production: some projects have to be postponed, while others simply (and unfortunately) have to be abandoned.
Project Creators may initiate refunds at their own discretion. Ulule is not responsible for issuing refunds for funds that have been collected.
You are responsible for paying all fees and applicable taxes associated with the amounts you perceive as a Project Creator, or with the amounts you pay or donate as a Project Supporter.
For more information about taxes and fees, please read Ulule’s contact page.
6. YOUR INTELLECTUAL PROPERTY RIGHTS
Ulule does not own Your Content. By making Your Content accessible to other users (as individuals and/or as a group), you agree to allow any users of the Website - free of charge and for personal use only - to view and transmit Your Content on or through the Website and any other electronic communication media or technology, now known or later developed, for the entire period in which Your Content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against the risks of misappropriation and/or piracy, for which Ulule shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
7. YOUR LIABILITY AS A USER
You warrant that Your Content contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia). To be clear, Ulule neither wants nor tolerates such content. If Your Content contains such content, do not upload it to the Website as you are not authorized to upload it to the Website.
You also warrant that Your Content does not infringe the intellectual property rights of any third party.
Failure to comply with these provisions may result in Your Content being removed and/or your account being deactivated without prior notice. In addition, Ulule reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Ulule has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Ulule.
9. FEES AND PAYMENTS
For Project Supporters
Ulule do not apply any fees or commission to Project Supporters.
For Projects Creators
Funds collected by credit card or direct debit: Ulule applies a 6.67% commission VAT excluded, on the total amount collected by successful projects. It includes financial transaction costs.
Funds collected by Paypal and by check: Ulule applies a 4.17% commission VAT excluded,on the total amount collected by successful projects. Paypal also applies its own 3.4% commission + 0.25 € per transaction.
VAT on commission is applicable at the rate of the day at which funds transfer is launched. Applicable rate depends on the nature of the Project Creator and on its localisation. For an individual based in the European Union, since 1st January 2015, the VAT rate applicable corresponds to the rate of the country where the Project Creator is based. For example, if the project creator is an individual based in United Kingdoms, VAT at 20% rate is applicable, resulting in a commission rate, VAT included, of 8% for funds collected by credit or debit card, for amounts up to 100 000 €.
In all cases: If the project does not reach its funding target, we do not charge any commission or fees.
Delay of fund transfer
If funding succeeds, Project Creator must upload in its project page bank identification numbers and identification documents. As soon as those documents have been transferred and funding has succeeded, Ulule will proceed to fund transfer, which will take approximately 3 working days.
11. CHOICE OF VENUE/LAW
You agree that Ulule.com is a website that is based solely in Paris, France and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than Paris, France.
You agree that any dispute between you and Ulule arising out of or relating in any way to these Terms or your use of the Website shall be interpreted in accord with the French law, without reference to its conflicts of laws, and shall in all respects be governed, construed, applied, and enforced in accordance with the French law. You also agree that any claim or dispute between you and Ulule shall be decided exclusively by a court of competent jurisdiction located in Paris, France and you irrevocably consent to the personal and exclusive jurisdiction of any such court.
12. ENTIRE AGREEMENT
These Terms constitute the entire agreement between Ulule and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ulule with respect to the Website.
II. TERMS OF PAYMENTS BY CREDIT CARD AND BY DIRECT DEBIT
Ulule.com chose to trust Leetchi, Leetchi.com site editor, for all its transaction banking services through the integration of its APIs: LeetchiWallet Services.
Leetchi.com allows its users to easily organize friendly fundraising between individuals through a highly secure environment.
Ulule.com enables its users to become owners of electronic money unit, which may be associated with a project financing with a few clicks!
By using Ulule.com, you accept the terms and conditions below, which reflects the partnership between ULULE society, Ulule.com publisher, and Leetchi SA, Leetchi.com publisher, which designed and developed the Wallet Services API.
Ulule.com users (Project Creators or Project Supporters, hereinafter referred to as ("User" or "Holder")
On the one hand,
Leetchi SA, Société par Action au capital de 358,349 euros, headquartered in Paris 7rue commines (75003), registered under number 511361073 ("Leetchi") hereinafter reffered to as “Leetchi”,
TUNZ, Belgian company (société anonyme de droit belge au capital de 1,500,000 euros) - registered office at 1170 Brussels, 185 Chaussée de la Hulpe and registered as legal entities under number VAT BE 886 476 763, authorized as an electronic money by the CBFA and the LPS in France, hereinafter referred to as “Tunz”,
On the other hand
Together the "Parties"
Leetchi designed and developed an innovative solution in the form of API, allowing you as users of Ulule.com to create, reclaim funds or using electronic purses (hereinafter referred to as "Wallets" ) in the books of TUNZ, electronic money issuer.
You can collect support assigned to a project.
For this purpose, you can through the website Ulule.com constitute Wallets and obtain reimbursement of corresponding amount to complete a project.
These Conditions of Use are accepted upon your participation in a Wallet as an Organizer, Holder or Supporter.
These Conditions of Use constitute the entire agreement between Users and Leetchi relating to the Wallet.
Payment card or valid credit card, used by a Project Supporter;
Online payment system through online direct deposit (Sofort or Giropay) available to customers of banks located mainly in Germany, Austria, Switzerland and Belgium;
User responsible for creating a Wallet, who has the ability to administrate it and to dispose of it;
Project created by the Project Creator, whose Wallet is designed to allow financing or realization of totality or part of it;
User initiating the creation of the Wallet and who has the authority to administrate and dispose of it;
Reimbursement upon request of the Owner of all or part of Wallet resulting in the transfer of the nominal amount of the Wallet to the account of electronic currency units stored by TUNZ;
User contributing to a Wallet by by credit card or direct debit thanks to the Leetchi payment system, being considered that Leetchi is acting on behalf of Tunz;
Cash amount paid by a Supporter and received by Leetchi, acting as an intermediary in banking and payment services on behalf of TUNZ, for the establishment of electronic money by an equivalent amount stored by TUNZ;
Single support paid or paid Supports all pooled together and stored by TUNZ for participation in an event or project;
By using the Site, you represent and warrant that: (a) any information supplied when registering Ulule.com is true and correct, (b) you will maintain the accuracy of such information if necessary by changing the information transmitted to the Site in the shortest possible time, (c) you are aged at least 18 years and (d) your use of the Site and Wallet does not violate any law or regulation.
When you register to become a User of Ulule.com, the site will ask you to choose a username (your "ID"), consisting of a User (your valid email address) and password.
You are entirely responsible for maintaining the confidentiality of your username. You agree not to use the Wallet, the username or ID of another User at any time or disclosing your ID to a third party. You agree to immediately notify Ulule (firstname.lastname@example.org) which will warn Leetchi if you suspect any unauthorized use of your wallet or access to your ID. You are solely responsible for all use of your wallet.
7. Creation and operation of a Wallet
7.1 Creating a Wallet by a Project Creatof
Wallet creation for the Project Creator is done once the Project is accepted by the Ulule.com team and online, and at time of project supporting (as soon as an online payment by credit card or direct debit) is done for Project Supporters.
The Project Creator creates a Wallet through Ulule.com. Each organizer cannot create more than 5 Wallets simultaneously.
Any false or misleading identification of the Project Creator or of the project itself is likely to incur the responsibility of the Projects Creator.
The Project Creator agrees not to use the Site to initiate a public offering, and generally not to use the Site for illegal or immoral purposes.
7.2 Support paid and Refunds
Support operates, through its payment by credit card or direct debit, one or more installments, whose total is limited to 2500 euros per calendar year per user. In case this amount is exceeded, a demand for identification will be requested by Ulule’s customer service. Your account will be blocked until Leetchi teams have received documents justifying the identity of the user.
The amount of support paid is held, pro tanto by TUNZ until its use or reimbursement by the Holder or the date of cancellation to support.
According to regulations, Cancellations are made to the nominal value of Wallet for the amount of support paid without costs other than those specified in the tariff conditions.
7.3 Use of Wallet
7.3.1 Wallet refund
In case of refund, the nominal amount of electronic money units composing the Wallet is paid to the Holder by wire transfer to his bank account domiciled in a member of the 28 countries of the European area or one of four countries: Switzerland, Liechtenstein , Norway and Iceland. The Holder shall provide IBAN and SWIFT code associated with its bank account.
The Holder and Project Creator (if different) are sole responsible towards Project Supporters for the use of the Wallet amount, which must comply with the mandate of the Supporters. Leetchi or Ulule.com cannot be held responsible for any obligation or liability of any nature whatsoever towards Supporters. Leetchi and Tunz cannot be held responsible for any dispute arising between the Project Creator and any or all of its Supporters.
Each use of the Wallet will result in a decrease of its amount, corresponding to support, on the date of the use in question to maintain traceability of the operations on the Wallet.
7.3.3 Supporters information
Each Supporter is informed by an email sent automatically by the website of each repayment made by the Holder.
Once this information has been sent, Ulule.com is released from any obligation in respect of the Project Supporter as regards the Support paid.
The above information does not relieve the Holder of its obligations towards each under the mandate conferred upon it.
8. Leetchi’s responsibility
Leetchi is not to be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of any communication with any User.
Leetchi reserves the right to temporarily suspend access to its services for technical reasons or maintenance without creating any compensation right for Users. Leetchi undertakes to limit as much as possible any interruption of this type.
Leetchi is not responsible for the security and confidentiality of data exchanged, as appropriate, through the use of the Site.
09. Limitation of Liability
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE LIABILITY LEETCHI TOWARDS USERS, REGARDLESS OF THE BASIS AND THE FORM OF THE ACTION, IS LIMITED AT ANY TIME TO THE AMOUNT OF EURO 1000. IF YOU USE THE SERVICE FOR FREE, YOU AGREE THAT YOUR REMEDY IS LIMITED TO THE MEASURES TAKEN BY LEETCHI IN COMPLIANCE WITH THE LAW, AND THAT YOU CAN NOT BE ENTITLED TO ANY COMPENSATION FROM LEETCHI.
11. Duration - Termination
12. Governing Law and Jurisdiction
Last modification : July 2, 2012