LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE FINTECTURE.COM
The website www.fintecture.com is published by FINTECTURE, a simplified joint-stock company, registered with the Créteil Trade and Companies Register under number 834 500 548, with capital of €134,529 and its registered office at 5 Avenue du Général de Gaulle, 94160 Saint-Mandé.
FINTECTURE is a payment service provider approved and supervised by the ACPR (French Prudential Supervision and Resolution Authority) under number (LEI) 969500QHTQ488C10L204.
FINTECTURE’s approval is available at the following address: https://euclid.eba.europa.eu/register/pir/view/PSD_PI/EN_ACPR!83680.
FINTECTURE is also a non-exclusive agent in banking transactions and payment services registered with ORIAS (French Organisation for the Registration of Insurance, Banking and Finance Intermediaries) under number 20008803 that carries out its intermediary activity under the supervision of the ACPR. FINTECTURE’s registration is available at the following address:
FINTECTURE SERVICES, a subsidiary of FINTECTURE, is an insurance or reinsurance broker registered with ORIAS under number 22000510 that carries out its brokerage activity under the supervision of the ACPR. FINTECTURE SERVICES declares, in accordance with Article L. 521-2(II)(1)(b) of the French Insurance Code, not to be subject to a contractual obligation to work exclusively with one or more insurance companies and not to rely on advice based on an exhaustive and objective approach to the market. In this context, FINTECTURE SERVICES works with the insurance company Euler Hermes. FINTECTURE SERVICES also declares, in accordance with Articles L. 520-1 and R. 520-1 of the French Insurance Code, not to hold a direct or indirect participation of more than 10% of the voting rights or capital of an insurance company and not to be held by an insurance company or by the parent company of an insurance company through a direct or indirect participation of more than 10% of the voting rights or capital.
The publishing director is Mr Faysal Oudmine.
The Site is hosted by OVH, a simplified joint-stock company registered with the Roubaix-Tourcoing Trade and Companies Register under number [ ], with capital of €10,000,000 and its registered office at 2 rue Kellermann, 59100 Roubaix (hereinafter “Host“).
1. SUBJECT OF THE GTCU
These General Terms and Conditions of Use (hereinafter the “GTCU“) govern the conditions under which FINTECTURE (hereinafter “we” or “FINTECTURE“) authorises internet users (hereinafter “User” or “you“) to visit the website https://www.fintecture.com (hereinafter the “Site“).
By using the Site, you accept these GTCU without reservation, modification or restriction after having first read them in full. You therefore undertake to use the Solution in full compliance with the GTCU and the legislative and/or regulatory provisions in force.
We reserve the right to modify and/or replace the information on the Site at any time and without notice of any kind. You are therefore asked to regularly consult the legal notices and the General Terms and Conditions of Use in force at the time of accessing the Site, from the home page, or from any other page.
2.1. SITE CONTENT
The Site contains information about the payment products and services (hereinafter the “Services“) that we provide to our customers (hereinafter “Customers“). Our Services are offered to our Customers according to the contractual conditions and the rates in force. Access to the Services described on the Site may be subject to restrictions with respect to certain persons or in certain countries.
2.2. THE CUSTOMER AREA / CONSOLE
We provide our Customers with a dashboard accessible via the page https://console.fintecture.com/auth/login that enables them to monitor and manage the Services (hereinafter the “Console“) to which they have subscribed. The Console also allows our customers to file the information and documents necessary to comply with our obligations in the fight against money laundering and terrorist financing. In this context, the use of our Services requires prior acceptance of our General Terms and Conditions of Sale or the conclusion of a contract with us (hereinafter “GTCS“).
The Console can only be used following express acceptance of these GTCU and the prior creation of an account.
2.2.1. CREATING AN ACCOUNT
To be able to create an account, you must be at least eighteen (18) years old or be emancipated, be legally able to enter into a contract with FINTECTURE, and not be subject to a measure of curatorship or guardianship.
2.2.2. IDENTIFICATION ELEMENTS
When registering and opening the account, you must provide a valid email address and choose a password (hereinafter the “Login Credentials“).
These Login Credentials are personal, confidential and not transferable to unauthorised third parties. You therefore undertake to keep your Login Credentials personal, not to communicate them or make them available to an unauthorised third party, for any reason whatsoever, and to take appropriate measures to ensure their confidentiality and integrity.
To best protect against any breaches of the confidentiality of your account and the information contained therein, it is strongly recommended to choose an original, strong password and change it regularly. To this end, the password must contain at least 8 characters of 4 different types: lowercase, uppercase, numbers and special characters, in accordance with the relevant recommendations of the French Data Protection Authority.
If you lose and/or forget your password, you may ask to reset it using the specific procedure made available to you on the Site.
In the event of theft of your Login Credentials or unauthorised use of your account, you undertake, as soon as possible, to:
· Inform us in writing the moment you become aware of it, via the following address: firstname.lastname@example.org; and
· Use the reset procedure mentioned in the previous paragraph.
Failing this, FINTECTURE cannot be held liable in the event of fraudulent use of this information.
Any login to the account using your Login Credentials will be presumed to have been made by you.
After creating your account, you will receive a confirmation email with a clickable link to activate the account and prompting you to follow the instructions subsequently provided.
2.3. CONTACT REQUEST
A contact form to request a demo with our experts to better understand our Services is available on the Site at the following address: https://www.fintecture.com/demandez-demo/. If you wish to use this form, you will need to complete the requested information so that we can contact you and arrange the demo.
3. PERSONAL DATA
When you access the Site, we are required to process personal data (within the meaning of Article 4(1) of Regulation (EU) 2016/679 of 27 April 2016 – GDPR) concerning you.
4. INTELLECTUAL PROPERTY
Unless otherwise stated, the use of the Site does not entail any transfer of intellectual property rights, particularly copyright. The Site, its general structure and each of the elements that compose it (hereinafter collectively referred to as the “Elements“) remain our property or that of the person who granted us a licence for use.
As such, any exploitation (and in particular the reproduction, representation, modification, translation, partial or total, against payment or free of charge) of the Elements is strictly prohibited without our express prior written authorisation.
Notwithstanding the foregoing, the reproduction of all or part of the Site on paper or digital media only is authorised subject to compliance with the following cumulative conditions:
· Exclusively private, personal, non-transferable and free of charge. Any use for commercial, advertising or paid purposes is prohibited. Making it available on a server is also prohibited;
· Clear and legible addition of the Site’s address as a source and the wording “All rights reserved”; and
· Respect for the integrity of the documents reproduced (no modification or alteration of any kind).
Any reproduction, representation, dissemination, translation or total or partial exploitation, of any nature whatsoever and by any means whatsoever, of any of the Elements, without our prior written authorisation, is strictly prohibited and constitutes a counterfeiting offence with regard to Article L. 335-2 of the French Intellectual Property Code, punishable by three years’ imprisonment and a fine of €300,000.
The trademark “Fintecture” is a protected trademark. Any reproduction, use or affixing without our prior written authorisation is strictly prohibited and constitutes an act of counterfeiting that engages the civil liability of its perpetrator under Article L. 716-1 of the French Intellectual Property Code.
By using our Site, you undertake not to interfere with, disrupt, suspend or slow down its operation, in any way whatsoever, and to comply with the conditions of access and use. Any intrusion or attempted intrusion into our information systems, any misappropriation of the Site’s system resources, any action likely to impose a disproportionate burden on the Site’s infrastructure and, in general, any breach of the Site’s security measures is strictly prohibited and may be subject to legal action.
We undertake to make our best efforts to ensure the security of access and use of the Site. In particular, we implement all appropriate technical and organisational measures to guarantee the security of the data and content contained therein. To this end, we reserve the right, at our sole discretion, to take all necessary measures to prevent any misuse of the Site.
If you notice a security breach, please inform us as soon as possible via the following address: email@example.com.
As the Site’s publisher, we strive to provide you with quality services and features. However, you are solely responsible for the use you make of the Site and/or the information contained therein. As such, and unless otherwise stated in our GTCS, we cannot be held liable for any consequence and/or damage, direct or indirect, resulting from:
· Any non-performance or improper performance of all or part of the obligations provided for in the GTCU that is attributable to you, including a breach of your obligation to ensure the security and confidentiality of your account login credentials;
· Your use of the content and information appearing on the Site. Indeed, we make every effort to offer you available and verified information and/or tools. However, the information contained on the Site is for general information purposes only and is provided for information purposes without any explicit or implicit guarantee of its validity, completeness or timeliness. In particular, the non-contractual information provided on the Site concerning the presentation of our Services does not constitute recommendations or advice and is purely informative. In addition, the content of the Site may be modified at any time, without prior information or consequences of any kind whatsoever.
· Your use of the hypertext links appearing on the Site to websites managed by third parties (hereinafter the “Third-Party Sites“). These hyperlinks are provided for your information and we strive to keep them up to date. However, we have no control over these Third-Party Sites and cannot be held liable for your access to these Third-Party Sites, with the content of these sites and the operation of the hypertext links remaining the sole responsibility of their publishers.
· The characteristics and operation of the computer or telephone equipment, browser, telecommunications network and any other technical means you use to access the Site;
· Fraudulent intrusion by a third party resulting in a modification of the information disseminated on the Site, its structure, or its operation;
· A temporary interruption of access to the Site and/or its availability due to a maintenance operation, an update or any technical incident beyond our control or which could not reasonably be avoided, in particular in the event of interruption of electricity or telecommunications services. We strive to make our best efforts to ensure that the Site is accessible 24 hours a day, 7 days a week, including Sundays and holidays. However, we do not guarantee the accessibility and/or continuous availability of the Site and:
o We reserve the right to temporarily interrupt access to the Site for any maintenance interventions, at any time and without prior notice;
o We do not act as an internet service provider and therefore cannot guarantee the quality of the internet connection or the absence of network-specific interruptions.
· The occurrence of an event qualified as force majeure, as defined by Article 1218 of the French Civil Code and in accordance with the jurisprudence of the French courts, and in general any event outside our control that does not allow the proper performance of our obligations.
7. GENERAL PROVISIONS
7.1. INDEPENDENCE OF THE CLAUSES
In the event that one of the provisions of the GTCU is deemed null and void by virtue of a legal principle, law, regulation or invalidation by a judicial decision, the parties agree that the other provisions of the GTCU will remain in force.
Unless otherwise provided for, the fact that one of the parties has not required the application of any of these GTCU can in no way be considered a waiver of this party’s rights under said clause.
7.3. APPLICABLE LAW
The Site and these GTCU are governed by French law.
In the event of a dispute, you agree to contact us first in order to try to amicably resolve any dispute that may arise between them. If no amicable solution is reached, the dispute will be subject to the exclusive jurisdiction of the courts of Paris.
Date of last modification of the GTCU: 15 July 2022