Fintecture, the instant transfer payment solution

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LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE FINTECTURE.COM WEBSITE

 

LEGAL NOTICES

 

Publisher

The website www.fintecture.com is published by FINTECTURE, a simplified joint stock company, registered in the Créteil Trade and Companies Register under number 834 500 548 with a capital of 112 549 Euros and having 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, under the number CIB 17248, as a payment institution.

FINTECTURE's accreditation can be accessed at the following address: https: //euclid.eba.europa.eu/register/pir/view/PSD_PI/FR_ACPR!83680.

FINTECTURE is also a non-exclusive agent in banking and payment services (MOBSP) registered with the ORIAS under the number 20008803 exercising its intermediary activity under the control of the ACPR. FINTECTURE's registration is available at the following address

https://www.orias.fr/home/showIntermidiaire/834500548.

FINTECTURE SERVICES, a subsidiary of FINTECTURE, is an insurance or reinsurance broker registered with the ORIAS under the number 22000510 carrying out its brokerage activity under the control of the ACPR. FINTECTURE SERVICES declares, in accordance with article L. 521-2, II, 1°, b) of the Insurance Code, that it is not subject to a contractual obligation to work exclusively with one or more insurance companies and that it does not claim to provide advice based on an exhaustive and objective approach of 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 Insurance Code, that it does not hold a direct or indirect stake of more than 10% of the voting rights or capital of an insurance company and that it is not held by an insurance company or by the parent company of an insurance company through a direct or indirect stake of more than 10% of the voting rights or capital.

Director of publication

The director of the publication is Mr. Faiçal Oudmine.

Host

The Site is hosted by OVH, a simplified joint stock company, registered in the Roubaix-Tourcoing Trade and Companies Register under the number 10,000,000 Euros and having its registered office at 2 rue Kellermann, 59100 Roubaix (hereinafter referred to as " Host ").

1. PURPOSE OF THE GCUS

The present Terms and Conditions of Use (hereinafter the " T&Cs ") 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, without reservation, modification or restriction, these GTUs after having read them in full beforehand. You therefore undertake to use the Solution in full compliance with the GCU 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 invited to regularly consult the legal notices and general terms of use in force at the time of access to the Site, from the home page, or from any other page.

2. FEATURES

2.1. CONTENT OF THE SITE

The Site contains information about the payment products and services (the " Services ") that we provide to our customers (the " Customers "). Our Services are offered to our Customers in accordance with the contractual terms and conditions and tariffs in force. Access to the Services described on the Site may be restricted to certain persons or in certain countries.

2.2. THE CUSTOMER / CONSOLE AREA

We provide our Clients with a dashboard accessible via the " https://console.fintecture.com/auth/login " page allowing them to monitor and manage the Services (hereinafter the " Console ") to which they have subscribed. The Console also allows our clients to file the information and documents required to comply with our obligations in terms of the fight against money laundering and terrorist financing. In this context, the use of our Services requires the prior acceptance of our general terms and conditions of sale or the conclusion of a contract with us (hereinafter " GTC ").

Use of the Console can only be made following express acceptance of these T&Cs and requires the prior creation of an account.

2.2.1. CREATING AN ACCOUNT

In order to create an account, you must be at least eighteen (18) years old or emancipated, legally capable of entering into a contract with FINTECTURE and not be under guardianship.

2.2.2. IDENTIFICATION DETAILS

When registering and opening an account, you must provide a valid e-mail address and choose a password (hereinafter the "Login Information ").

These Login Data are personal, confidential and non-transferable to unauthorised third parties. You therefore agree to keep your Login Information personal, not to disclose it or make it available to any unauthorised third party for any reason, and to take appropriate measures to ensure its confidentiality and integrity.

In order to protect yourself as much as possible against possible attacks on the confidentiality of your account and the information contained therein, we strongly recommend that you choose an original and strong password and change it regularly. In this respect, the password must contain at least 8 characters of 4 different types: lower case, upper case, numbers and special characters, in accordance with the recommendations of the CNIL.

If you lose and/or forget your password, you may request that your password be reset using the specific procedure provided on the Site.

In the event of theft of your Login Information or unauthorised use of your account, you undertake, as soon as possible, to :

  • inform us in writing from the moment you become aware of it at:contact@fintecture.com; and
  • Use the reset procedure mentioned in the previous paragraph.

Otherwise, FINTECTURE cannot be held responsible for any fraudulent use of this information.

Any connection to the account using your Login Information will be presumed to have been made by you.

Once you have created your account, you will receive a confirmation e-mail with a clickable link to activate the account and to follow the instructions.

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 fill in the information requested so that we can contact you and arrange the demo.

3. PERSONAL DATA

When you access the Site, we may process personal data (within the meaning of Article 4.1 of Regulation (EU) 2016/679 of 27 April 2016 - GDPR) about you.

To find out more about how this processing of personal data is carried out and to exercise your rights, please see our data protection policy.

4. INTELLECTUAL PROPERTY

Unless otherwise stated, the use of the Site does not entail any transfer of intellectual property rights and in particular copyright. The Site, its general structure and each of its components (hereinafter referred to together as the " Elements ") remain our property or that of the person who granted us a licence to use them.

In this respect, any use (and in particular the reproduction, representation, modification, translation, whether partial or total, for a fee or free of charge) of the Elements is strictly prohibited without our prior express 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:

  • Use is exclusively private, personal, non-transferable and free of charge. Any use for commercial or advertising purposes or for payment is prohibited. It is also forbidden to make it available on a server;
  • Clear and legible inclusion of the Site's address as the source and the words "All rights reserved"; and
  • Respect for the integrity of the documents reproduced (no modifications or alterations of any kind).

Any reproduction, representation, distribution, translation or exploitation, in whole or in part, of any kind whatsoever and by any means whatsoever, of any of the Elements, without our prior written authorisation, is strictly forbidden and would constitute, in accordance with Articles L. 335-2 of the Intellectual Property Code, an infringement of copyright punishable by three years' imprisonment and a fine of 300,000 €.

The " Fintecture " brand is a protected trademark. Any reproduction, use or affixing without our prior written authorisation is strictly forbidden and would constitute an act of counterfeiting engaging the civil liability of its author under article L. 716-1 of the Intellectual Property Code.

5. SECURITY

By using our Site, you undertake not to interfere with, disrupt, suspend or slow down the operation of the Site in any way whatsoever, and to respect 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 infringement of the Site's security measures is strictly prohibited and may be subject to legal action.

We undertake to use our best efforts to ensure the security of access and use of the Site. In particular, we shall 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, we invite you to inform us as soon as possible at the following address: contact@fintecture.com.

6. RESPONSIBILITY

As the publisher of the Site, 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. In this respect, and unless otherwise stated in our GTC, we shall not be held liable for any consequences and/or damages, direct or indirect, resulting from :

  • Any failure to perform or improper performance of any or all of the obligations set forth in the TOS attributable to you, including any failure by you to maintain the security and confidentiality of your Account Credentials;
  • Your use of the content and information 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 only, without any explicit or implicit guarantee of validity, completeness or topicality. 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. Furthermore, the content of the Site may be modified at any time, without prior notice or consequences of any kind.
  • Your use of the hyperlinks on the Site to websites operated by third parties (the " Third Party Sites "). These links are provided for your information and we endeavour to keep them up to date. However, we have no control over these Third Party Sites and cannot be held responsible for your access to these Third Party Sites, the content of these sites and the operation of the hyperlinks being the sole responsibility of their publishers.
  • The characteristics and functioning 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 leading to a modification of the information published on the Site, its structure or its operation;
  • Temporary interruption of access to the Site and/or its availability due to a maintenance operation, an update or a possible technical incident beyond our control or which could not reasonably be avoided, in particular in the event of an interruption in electricity or telecommunications services. Indeed, we make every effort to ensure that the Site is accessible 24 hours a day, 7 days a week, including Sundays and public holidays. However, we do not guarantee the continuous accessibility and/or availability of the Site and :
    • We reserve the right, at any time and without prior notice, to temporarily interrupt access to the Site for maintenance purposes;
    • We do not act as an Internet service provider and therefore cannot guarantee the quality of the Internet connection or the absence of network interruptions.
  • The occurrence of an event qualified as force majeure, as defined by article 1218 of the Civil Code and in accordance with the jurisprudence of the French courts, and in general of any event outside our control that does not allow the proper performance of our obligations.

7. GENERAL PROVISIONS

7.1. INDEPENDENCE OF CLAUSES

In the event that any of the provisions of the TOU are deemed invalid by virtue of a legal principle, law, regulation or invalidation by a court decision, the parties agree that the remaining provisions of the TOU shall remain in force.

7.2. WAIVER

Unless otherwise provided, the fact that one of the parties has not required the application of any of these TOU shall in no way be considered as a waiver of that party's rights under that clause.

7.3. APPLICABLE LAW

The Site and these TOS are governed by French law.

In the event of a dispute, you undertake to contact us as a matter of priority in order to attempt to resolve amicably any dispute that may arise between them. In the absence of an amicable solution, the dispute will be submitted to the exclusive jurisdiction of the courts of Paris.

Date of last modification of the TOS: 15 July 2022