MANGOPAY FRAMEWORK CONTRACT FOR ISSUING, MANAGING,
MAKING ELECTRONIC MONEY AVAILABLE
General Conditions of Use of Electronic Money
(version for France)
Version of 27/11/2020
Entered into between:
The client of the Site, a legal or physical person registered in the Business and Companies Registry (or a
national business registry or any other equivalent professional organisation) in a Member State of the
European Union or in a State that is part of the European Economic Area, or in a third-party country
imposing equivalent obligations in terms of the fight against money laundering and the financing of
terrorism, acting exclusively on their own behalf for professional purposes (commercial, industrial, artisanal
or independent),
hereinafter, referred to as the “User” or “Professional User”,
or
The client of the Site, a legal or physical person resigning in a Member State of the European Union or in a
State that is part of the European Economic Area, or in a third-party country imposing equivalent obligations
in terms of the fight against money laundering and the financing of terrorism, acting exclusively on their
own behalf for non-professional purposes,
hereinafter, referred to as the “User” or “Consumer User”, party of the first part,
and
MANGOPAY SA, a limited liability company under Luxembourg law, having its registered office at 2,
Avenue Amélie, L-1125 Luxembourg and registered with the Luxembourg Commerce and Companies
Registry under number B173459 (the amount of the share capital can be consulted here :
https://www.mangopay.com/legal-notice/), authorised to carry out business within the European Economic
Area, as an electronic money institution approved by the Commission de Surveillance du Secteur Financier,
283 route d’Arlon L-1150 Luxembourg, www.cssf.lu,
hereinafter, referred to as the “Issuer”, party of
the second part,
hereinafter, referred to separately as a “Party” and together as the “Parties”.
Note
The User is asked to carefully read this Framework Contract provided to them by the Distributor before
2
accepting it. They are asked to download a Hard Copy of it, according to the procedure offered by the
Distributor. By default, communication with the Issuer is always carried out via the Distributor, according
to the terms established in the General Conditions of the Site, except when a distinct communication method
is established in the Contract.
1. Definitions
For the purposes hereof, the terms hereinbelow are defined as follows:
“Authentication”: indicates the procedures defined by the Distributor in order to identify the User or the
validity of a Payment Order. These procedures include using the Personalised Security Data and the
Identification Data.
“Strong Authentication”: indicates the Authentication procedures defined by the Distributor and that
respond to the requirements of European Directive 2015/2366 of 25 November 2015. This Strong
Authentication specifically includes elements that allow for establishing a dynamic link between the
Operation, the amount and the Beneficiary.
“Banks”: indicate credit institutions in charge of holding funds collected by the Issuer on behalf of the
corresponding to the Electronic Money in circulation. The institutions today are Crédit Mutuel Arkéa and
ING Luxembourg. The Issuer has the possibility of selecting any other authorised credit institution in a
Member State of the European Union or a party under the European Economic Area agreement.
“Beneficiary”: indicates the legal or physical person acing on their behalf, designated by the User from
among the clients of the Site, for the benefit of which Electronic Money is transferred in the framework of
a Payment Operation. Any Beneficiary may become a User under the meanings hereof upon acceptance of
the Framework Contract, subject to the Issuer's acceptance. In certain cases, the Beneficiary may become a
Distributor pursuant to Specific Conditions.
“Card”: indicates the debit card, payment card or credit card used by the User to transfer the funds to the
Issuer in return for the issuance of Electronic money. This card must be within one of the following
networks: Visa, MasterCard, CB, AmEx.
“Account”: indicates an internal reference allowing the Issuer to identify in its books the different operations
of acquiring, using and reimbursing Electronic Money carried out in the name of this User and to determine,
at any time, the amount in euros of the Electronic Money available held by this latter. The Account may in
no way be associated with a deposit account, a current account or a payment account.
“General Conditions of the Site”: indicates the general conditions of use of the Site entered into between
the User acting in the capacity of client of the Site and the Distributor, specifically governing access to the
Site.
“Framework Contract”: indicates these General Conditions of Use of the Electronic Money, including the
Registration Form and the Price Conditions, governing the use of the Services as well as managing the
Account by the Issuer.
“Price Conditions”: indicates the financial terms agreed to between the User and the Distributor, including
the fees under this Framework Contract. This document includes all the fees paid for acquiring, using and
managing the Electronic Money as established in the General Conditions of the Site.
“Distributor”: indicates the entity, duly authorised by the Issuer, who uses the site, whose contact
information is indicated in the General Conditions of the Site. The Distributor prepares, facilitates and
advises clients, for the purposes of the Framework Contract through the use of its Site. It accompanies clients
during their entire relationship with the Issuer in the framework of carrying out their Payment and
Reimbursement Operations. For this purpose, the Distributor makes customer service available to all clients
3
dedicated to Payment Operations carried out an application hereof. The Distributor does not collect funds
with the exception of the fees agreed to in the Price Conditions.
“Personalised Security Data”: indicates the personal data provided by the Distributor to the User for the
purposes of Authentication. It includes the Identification Data, as well as potentially any other data related
to the Authentication procedure or Strong Authentication.
“Identification Data”: indicates the unique identifier and the password of the User, that allows them to
access their Personal Online Area.
“Personal Data”: indicates any information related to the physical person who is the User, or a physical
person related to the legal person who is the User (specifically a corporate executive, a beneficial owner, or
an Authorised Person), under the meaning in European Regulation 2016/679 related to protecting personal
data.
“Issuer”: indicates MANGOPAY SA, issuer of Electronic Money, authorised in Luxembourg by the
Commission de Surveillance du Secteur Financier under reference number 3812 and authorised to carry out
its activity in all Member States of the European Union. The Issuer appears on the list of electronic money
institutions available at http://supervisedentities.cssf.lu/index.html?language=fr#Home
“Personal Online Area”: indicates the environment dedicated to the User, accessible on the Distributor’s
Site, allowing them to use the Services
“Registration Form”: indicates the form to be filled out by anyone wishing to register for Services,
accessible on the Site at registration or made available by the Distributor.
“Identifier”: indicates the data necessary to identify the User by the Issuer for carrying out a Payment
Operation including a user login (valid email address)
“Business Day”: indicates a calendar day with the exception of Saturdays, Sundays, and public holidays in
mainland France and Luxembourg and any other day designated as such by the Issuer.
“Electronic Money”: indicates the monetary value available representing an amount due the User from the
Issuer. Electronic Money is issued by the Issuer in exchange for the User providing corresponding funds in
euros (€) and constituting a Payment Method accepted exclusively by the Beneficiaries. The Issuer keeps it
in electronic form on their server by registering it in the Account open for this purpose.
“Payment Method”: indicates the payment methods other than the Card, listed on the Site, the option of
which is offered by the Issuer that allows the User to provide them the funds in exchange for the issuance
of Electronic Money.
“Payment Operation”: indicates the transfer of Electronic Money to the Beneficiary indicated on the Site
by a User.
“Order”: indicates the instructions given by the User to the Issuer in compliance with the procedure
established in the Framework Contract to carry out a Payment Operation and/or a Reimbursement.
“Payment Page”: indicates the page secured by Payline, the monetary provider of the Issuer. Only this
address is to be considered valid by the User. The User is asked to systematically verify the address at the
top of the page.
“Person in Question”: indicates the physical person who is the User or any person related to the User
(specifically a corporate executive or a beneficial owner), whose Personal Data is processed in the
framework of the performance of this Framework Contract.
“Reimbursement”: indicates the transfer by the Issuer upon the User’s Order, of non-cash funds
corresponding to all or part of the Electronic Money available held by them less the potential fees due.
“Services”: Indicates the services of issuing, managing and making Electronic Money available, provided
4
by the Issuer to the User as described in Article 5 herein.
“Distributor Customer Service”: indicates the customer service whose contact information is indicated on
the Site, from which the User may obtain information regarding the Framework Contract.
“Site”: indicates the website used by the Distributor whose purpose is to sell goods or services to Users or
to collect funds from them, or to put Beneficiaries in contact with Users. The Site included the API with the
Brand's colours to allow the User to have a payment method available issued and managed by the Issuer to
transfer the funds to the indicated Beneficiary.
“Hard Copy”: indicates any instrument allowing the User to store information addressed to them personally
in order to be able to refer to it later during a time period adapted for the purposes for which the information
is provided and allowing them to identically reproduce the information stored. It is generally offered in the
form of a PDF file.
“User”: indicates any physical or legal person acting on their behalf holding Electronic Money recorded in
an Account opened in their name, in order to carry out Payment Operations.
2. Purpose
The Framework Contract has the purpose of defining the conditions in which the Issuer provides to the User
a payment method exclusively accepted by the Beneficiaries in the framework of their relationship
established via the Site, in return for the fees described in Article 9 hereof.
The Payment Method proposed must be systematically prepaid by the User and is not subject to any advance,
credit or discount. It is based on Electronic Money issued by the Issuer.
The Issuer authorises the Distributor to propose to clients of the Site this payment method, to facilitate
entering into this contract and to accompany the Users during their entire relationship with the Issuer.
Only the Framework Contract is valid between the Parties in the event of a dispute.
3. Registration for the Services
3.1.Registration Methods
The Framework Contract is entered into remotely, according to the terms established by the Distributor
under the General Conditions of the Site. To enter into the Framework Contract Online, the client must have
the necessary equipment (materials and software), for which they alone are responsible, compatible with
this method of entering into a contract.
By default, acceptance of the Framework Contract is carried out remotely via the Site and is entered into by
electronic signature. The client has the possibility of requesting to sign the Contract by hand. For this
purpose, they must print this Contract, sign it, and return it by electronic or postal mail to the Distributor
Customer Service, the contact information of which is indicated in the General Conditions of the Site.
In the event of a handwritten signature, the date of entering into the Framework Contract is the date indicated
on it and if there is no date, it will be the date that the Framework Contract is received by the Distributor.
Electronic signing of the Framework Contract is carried out via the Site. The date of entering into the
Framework Contract corresponds to the date on which the client has finalised the e-signing process as
indicated on the Site.
The Framework Contract entered into with the Parties electronically has the same legal status as a
Framework Contract on paper.
3.2.Contractual Documents
The Framework Contract includes:
- the General Conditions of Use of Electronic Money;
5
- the Registration Form available on the Site;
- the Price Conditions indicated by the Distributor.
These General Conditions of Use of Electronic Money, as well as the Price Conditions, are made available
to the User on the Site and downloadable as a Hard Copy according to the methods indicated on the Site.
At any time during the contractual relationship, the User may, upon request, receive these documents in
paper format.
The Issuer will maintain access to the contractual documents for a term of five (5) years from the end of the
contractual relationship. The Issuer will end this service at the end of the above-mentioned five- (5) year
period.
4. Opening an Account
4.1.Necessary and Prior Conditions for User Registration
Any legally capable physical person at least eighteen (18) years of age and any legal person, residing and/or
registered in a Member States of the European Union or in a State that is part of the European Economic
Area agreement or in a third-party country imposing equivalent obligations in terms of the fight against
money laundering and the financing of terrorism, may send a request to open an Account subject to the
physical person being referenced on the Site in the capacity of consumer or in the capacity of professional.
A legal person may only be referenced as a professional.
The User acknowledges from the time of issuing their registration request to the Distributor and during the
entire term of the Framework Contract:
- that they are at least 18 (eighteen) years of age and legally capable;
- that they are acting on their own behalf;
- that all the information provided upon their registration are true, exact and up-to-date.
4.2.Registration Procedure and Opening an Account
4.2.1. Information and Proof
Any interested party must provide to the Distributor the information and documents listed hereinbelow, for
the Registration Form, in the event that this information and these documents are not already in possession
of the Distributor.
The interested party undertakes to provide the information and documents corresponding to their status
either as a professional or as a consumer.
For the User, who is a physical person and consumer:
o their last name, first name, email address, date and place of birth, nationality and country
of residence;
o a copy of the User's valid official identity document (e.g., identity card, driver’s license,
and for citizens of countries outside of the European Union, a passport).
For the Professional User:
- for physical persons:
o their last name, first name, email address, date of birth, nationality and country of residence.
6
o an original or a copy of the official registration extract dated within three months that
indicates registration as a retailer or in the national business registry or any other
professional organisation that the User is a member of.
o a copy of the User's valid official identity document (e.g., identity card, driver’s license,
and for citizens of countries outside of the European Union, a passport).
- for legal persons:
o their business name, business form, capital, address of the registered office, description of
the activity, the identity of the business associates and officers, as well as the list of the
beneficial owners such as defined by regulation;
o a Kbis extract or equivalent document dated within three months proving their registration
at the Business and Companies Registry of a Member States of the European Union or a
State that is part of the European Economic Area agreement or a third-party country
imposing equivalent obligations in terms of the fight against money laundering and the
financing of terrorism and their bylaws. This document must include the business name,
legal form, address of the registered office and the identity of the business associates and
officers mentioned in Sections 1° and 2° of Article R.123-54 of the Code of Commerce or
their equivalent in foreign law;
o a copy of the bylaws and potential decisions specifically certified true legal copy from the
legal representative;
o a copy of the identity card or passport of the legal representative and, as the case may be,
the beneficial owner(s);
o The statement from the beneficial owners of the legal person holding more than 25% of
rights in the event that the interested party has not declared their beneficial owners in the
national registry, or if it is not subject to this obligation.
The User may also be requested to provide the bank details from an open account in the name of the person
mentioned in Sections 1° to 6° bis of Article L.561-2 of the Monetary and Financial Code in a Member State
of the European Union or a State that is part of the European Economic Area agreement or a third-party
country imposing equivalent obligations in terms of the fight against money laundering and the financing
of terrorism
It is expressly established that the Issuer maintains the possibility of requesting before opening an account
and at any time during the term of the Framework Contract, additional documents related to the User, the
beneficial owners, or a specific Payment Operation.
4.2.2. Restriction of the Account
By the Issuer’s free assessment, use of an Account may be restricted without the Issuer having to justify
their decision to the User in question. The functioning of the Account will specifically be restricted when
the User has not provided all of the information and documents required by the Issuer, such as listed
hereinabove. These restrictions are indicated to the User by the Distributor.
4.2.3. Finalisation of Registration
After entering into the Framework Contract, the User must provide all of the information and proof that are
requested by the Distributor. By giving their consent to the terms of the Framework Contract, the User
accepts that the Distributor will transfer to the Issuer their request for registration as a User and all the proof
documents received by it.
7
The Issuer alone has the power to accept the registration of an interested party as a User for an Account in
their name. This acceptance will be indicated to the User by the Distributor by any means under the terms
established on the Site.
The Issuer, without motivation, or right to an indemnity in favour of the User, may refuse a request to open
an Account. This refusal will be indicated to the User by the Distributor by any means under the terms
established on the Site.
5. Functioning of the Account
5.1.Purchasing Electronic Money
Acquiring Electronic Money may be done, by Card (or any other Payment Method accepted by the Issuer),
once or several times.
When such an operation is requested, the User will be identified on the Site by indicating their username
(valid email address) and their password or via their Facebook account.
The funds transfer request will be indicated on the Payment Page dedicated for this purpose. The Issuer may
request using a one-time code sent to the User’s mobile telephone by the institution that issued the Card. If
this is the case, it is the Issuer’s right to refuse any payment following their free assessment without this
decision giving rise to any indemnification. The funds transfer operation is carried out by the institution that
issued the Card. Any dispute for such a transfer must be indicated to this institution. The Issuer is not
authorised to cancel such a transfer. Notwithstanding the foregoing, the User may obtain Reimbursement
for the Electronic Money Pursuant to Article 5.4.
Electronic Money arriving in the User’s name may be based on the effective receipt of the funds collected
less the fees agreed to under the Price Conditions.
In the event that the transfer of funds is cancelled by the Card issuer following it being contested, no matter
the reason stated, the Issuer upon receiving information may suspend or cancel any Payment Operation,
close the Account in question, debit at any time the Account of the amount of Electronic Money
corresponding to the funds of the cancelled transfer and proceed to recovery of the amounts due by the User
by any means.
5.2.Functioning of the Account
Electronic Money is stored for an indeterminate term in the User’s Account by the Issuer under the agreedto Price Conditions.
The Account is credited by acquiring Electronic Money in exchange for funds ordered by the User directly
from the Issuer via their Card (or any other Payment Method accepted by the Issuer) less the corresponding
fees is established in the Price Conditions. This Account is debited on the Order of the Electronic Money
User in the amount of the Payment or Reimbursement Operation carried out including the related fees as
established in the Price Conditions. The Issuer is authorised at any time to debit this Account in the amount
of the Electronic Money corresponding to the fees due and payable established in the Price Conditions.
The amount of Electronic Money available in the Account is immediately adjusted based on:
- the fees due and payable, by the Account User, the payment of which is carried out in Electronic
Money;
- the Orders transmitted (or being transmitted) to the Issuer regarding Electronic Money stored in the
Account;
- funds received by the Issuer in payment for acquiring Electronic Money in the Account;
- and any cancellation regarding any of the above-mentioned operations in application hereof.
5.3.Use of Electronic Money to Carry Out a Payment Operation
Before issuing an Order, the User must ensure that they have a sufficient amount of Electronic Money
8
available to cover the amount of the Payment Operation and the related fees as established in the Price
Conditions.
If necessary, they must acquire sufficient Electronic Money in compliance with Article 5.1 before the Order
may be validly transferred to the Issuer to carry it out. Electronic Money may only be held by the User
subject to the effective issuance of corresponding funds. Electronic Money in no way may be issued for
credit. Additionally, when the amount of Electronic Money available on the date the Order is carried out by
the Issuer is below the amount of the Payment Operation (including fees), the Order will automatically be
refused by the Issuer. The information about this refusal will be made available to the User on the Site. This
Refusal may give rise to additional fees according to the Price Conditions.
The methods for transmitting an Order by the User are the following:
When the User wishes to carry out a Payment Operation, they will indicate their identification in their
Personal Online Area by indicating their Identification Data and, if need be, by following a Strong
Authentication procedure if indicated to them. They will fill out the proper form on the Payment Page and,
if need be, indicate the proof documents requested by the Issuer. The form must indicate the following
elements: the amount in euros (€) of the Payment Operation, the elements allowing for identification of the
Beneficiary, the date the Order is executed and any other required information.
The User irrevocably consents to the Payment Order by clicking on the “validation” button (“Date of
Receipt”). The receipt of the Payment Order is confirmed in the User’s Personal Online Area or by email.
No Order may be withdrawn by the User after the date upon which it is deemed to irrevocably have been
received, which is from the Date of Receipt.
In certain cases, the User may fill out a single form containing an order to transfer funds such as established
in Article 5.1 and an Order allowing Payment Operations to be carried out in line with the preceding
paragraph.
Carrying Out the Order:
The amount of the Payment Operation will be deducted from the Electronic Money available in the Account
to be credited in favour of the Beneficiary following the User’s instructions. Additionally, the Beneficiary
may open an Account pursuant to Article 4.2 to receive the Electronic Money if they are not already a User.
The funds corresponding to the Electronic Money used, if it be the case, may be directly transferred to a
bank account or payment account open in the name of the Beneficiary upon receiving the information of
this account by the Issuer. For this purpose, the Beneficiary must provide the IBAN number and the SWIFT
code of their bank account or payment account as well as the address. This account must be open in a
banking or payment institution established in a Member State of the European Union or a State that is part
of the European Economic Area agreement or a third-party country imposing equivalent obligations in terms
of the fight against money laundering and the financing of terrorism.
It is expressly agreed that the Orders are executed at the latest at the end of the Business Day following the
Date of Receipt of the Order by the Issuer (and on the agreed-to execution date for standing or timely
transfers) if the Beneficiary has an Account. If necessary, the Date of Receipt may be delayed until an
Account is opened or until the day the Issuer has gathered the information of the bank account or payment
account of the Beneficiary receiving the funds.
Any Payment Order received after 4:00 p.m. by the Service Provider will be deemed to have been received
the following Business Day. If the Date of Receipt is not a Business Day, the Order will be deemed to have
been received the following Business Day.
5.4.Transmission and Execution of a Reimbursement Order
When a Reimbursement Order is requested, the User will be identified on the Site by indicating their
Identification Data or connecting via their Facebook account. They will fill out the proper form on the
Payment Page and, if need be, indicate the proof documents requested by the Issuer. The User must indicate
9
on the form the following elements: the amount of the Reimbursement, the date the Order is to be executed
and any other required information.
The User irrevocably consents to the Payment Order by clicking on the “validation” button (“Date of
Receipt”). The receipt of the Payment Order is confirmed in the User’s Personal Online Area or by email.
No Order may be withdrawn by the User after the date upon which it is deemed to irrevocably have been
received, which is from the Date of Receipt.
Reimbursement will be carried out by crediting the Card (or Payment Method) that the User used to acquire
the Electronic Money. If it be the case, it will be carried out by funds transfer to the bank account or payment
account of the Beneficiary the information of which has been provided to the Issuer (“Notification Date”).
It is agreed to between the Parties that the Reimbursement will be carried out at the latest at the end of the
Business Day following the receipt or notification depending on the case.
Any Reimbursement Order received after 4:00 p.m. by the Service Provider will be deemed to have been
received the following Business Day. If the Date of Receipt is not a Business Day, the Order will be deemed
to have been received the following Business Day.
5.5.Withdrawing an Order
No Order may be withdrawn by the User after the date upon which it is deemed to irrevocably have been
received as indicated above.
6. Reporting
The User, in their Personal Online Area, has a statement of the Operations carried out available to them.
They are asked to attentively acknowledge the list of these operations. The User recognises that only the
statement of the Payment Operation validated by the Issuer is deemed as recognition by the latter of the
Electronic Money available in the Account on the day indicated on the statement. The User may, at any time
on their personal page accessible on the Site, access an indication of the amount of Electronic Money
available in the Account.
It is specified that for each Operation carried out on the Account, the User has the following information
available to them: the reference number of the Operation, the identification of the Beneficiary, the amount
of the Operation, the date the Order is received, and if it be the case, the fees related to executing this
Operation.
The Issuer will provide the User upon request the monthly statements of the Account for the previous
thirteen (13) months.
7. Objection Regarding Personalised Security Data
The User must inform the Distributor of the loss or theft of their Personalised Security Data, of any misuse
or unauthorised use of their Personal Online Area or their data as soon as they become aware of this and
request that it be blocked. This declaration must be carried out:
- by making a telephone call to the Distributor Customer Service at the number indicated in the
General Conditions of the Site; or
- directly by electronic message through the contact form accessible on the Site.
The Issuer, through the Distributor, shall immediately execute the request for blocking the identifier in
question. The event will be recorded and date/time stamped. An objection number with date/time stamp will
be provided to the User. Written confirmation of this objection will be sent by the Distributor to the User in
question by electronic message. The Issuer will take administrative responsibility of the file and keep all
proof relating to it for 18 (eighteen) months. Upon written request of the User and before this time frame
10
expires, the Issuer will provide a copy of this objection.
Any request for objection must be confirmed immediately by the User in question, by a letter signed by the
latter, provided or sent by registered mail, or email, to the Issuer at the postal address indicated hereinabove.
The Issuer and the Distributor will not be held responsible for the consequences of an objection sent by fax
or email that does not come from the User.
A request for objection is deemed to be made on the date and time of the effective receipt of the request by
the Distributor. In the event of theft or fraudulent use of the Identifier, the Issuer is authorised to request
from the Distributor, a statement or copy of the complaint of the User and undertakes to respond to it as
quickly as possible.
8. Contesting an Operation
8.1.Provisions Common to All Users
For any claim relating to Payment or Reimbursement Operations carried out by the Issuer in the framework
hereof, the User is asked to address the Distributor Customer Service at the address indicated for this purpose
in the General Conditions of the Site.
If an Order is executed by the Issuer with errors attributed to this latter, this should be contested as soon as
possible to the Service Provider, the Order will then be cancelled and the Account returned to the situation
that it was in before receiving the Payment Order. Following that, the Order will be correctly reissued.
The fees indicated in the Price Conditions may be due in the event an Operation is unjustifiably contested.
8.2.Provisions Applicable to the Professional User
The Professional User wishing to contest a Transfer Operation unauthorised by them or improperly executed
must contact the Distributor Customer Service by telephone as soon as possible after they become aware of
the anomaly and at the latest within eight (8) weeks following the transaction of the operation, it being their
responsibility to contest it to the Issuer as soon as possible. Unless there are good reasons to suspect the
User of fraud, the Issuer will reimburse the User in the amount of the Operation immediately following
receiving the request to contest it, and in any case at the latest at the end of the next Business Day. The
Issuer will return the Account to the state it was in before the unauthorised Payment Operation took place
In the event of the loss or theft of Personalised Security Data, unauthorised Operations carried out before
they are contested are the User’s responsibility. Operations carried out after they are contested are borne by
the Issuer unless in the event of fraud by the User.
8.3.Provisions Applicable to the Consumer User
The Consumer User wishing to contest a Transfer Operation unauthorised by them or improperly executed
must contact the Distributor Customer Service by telephone as soon as possible after they become aware of
the anomaly and at the latest within thirteen (13) months following the date it is debited, it being their
responsibility to contest it to the Issuer as soon as possible. Unless there are good reasons to suspect the
User of fraud, the Issuer will reimburse the User in the amount of the Operation immediately following
receiving the request to contest it, and in any case at the latest at the end of the next Business Day. The
Issuer will return the Account to the state it was in before the unauthorised Payment Operation took place
In the event it is contested, responsibility for proof that the Operation was identified, duly recorded and
accounted for, and that it was not affected by technical or other deficiencies is the responsibility of the
Issuer.
11
In the event of an unauthorised Payment Operation following the loss or theft of Personalised Security Data,
the User is responsible for the losses related to the use of Personalised Security Data before it is contested,
up to a threshold of fifty (50) euros. Operations carried out after they are contested are borne by the Issuer
unless in the event of fraud by the User. However, the User is not held responsible in the event:
- Of an unauthorised Payment Operation carried out without using Personalised Security Data;
- Of the loss or theft of Personalised Security Data that could not be detected by the User before the
payment was made;
- Of losses due to actions or failures of an employee, agent or subsidiary of a PSP or an entity to
which these activities were externalised.
The User is also not held responsible:
- if the unauthorised Payment Operation is carried out by diverting the Personalised Security Data,
without the User’s knowledge;
- in the event of counterfeiting the Personalised Security Data, if, at the time of the unauthorised
Payment Operation, the User is in possession of this Data.
The User will bear all the losses arising from unauthorised Operations if these losses result from fraudulent
activity by them or if they intentionally seriously neglected the obligations to keep their Personalised
Security Data secured and to contest operations in the event of loss, theft or diversion of their Data.
Barring fraudulent activities on behalf of the User, the latter will not bear any financial consequences if the
unauthorised Operation was carried out without the Issuer requiring Strong Authentication of the User, in
the event that regulations require it.
9. Financial Conditions
The services offered herein are invoiced by the Distributor in the name and on behalf of the Issuer in
compliance with the Price Conditions.
Any commissions due by the User are automatically deducted from the Electronic Money Account by the
Issuer. The User authorises the Issuer to compensate at any time, even after the Account is closed, any
irrefutable credit, liquid and collectible that remains owed, of any nature whatsoever. Funds in the Electronic
Money Account may be compensated for any amount due, collectible and unpaid of the User to the Issuer.
10. Term and Termination
The Framework Contract is entered into for an indeterminate period. It enters into force from the time it is
accepted by the User.
The User may at any time and by respecting an advance notice of thirty (30) calendar days, terminate the
Framework Contract. The Issuer may at any time terminate the Framework Contract, by respecting an
advance notice of two (2) months provided in Hard Copy format. In this case, the fees irrefutably owed for
the Services are due by the User on a pro rata basis for the period elapsed at the termination date.
Beyond six (6) months, the Framework Contract may be terminated without costs. In other cases,
termination costs may apply, in compliance with the Price Conditions.
For these purposes, each Party must notify the termination hereof to the other Party, by registered letter with
acknowledgment of receipt, to the postal or email address indicated in the General Conditions of the Site.
The User must indicate in the termination message their banking or payment account information allowing
the Issuer to reimburse them the Electronic Money available. In the absence of this indication, it is the
Issuer’s responsibility to follow the Reimbursement instructions involving reimbursement by crediting the
Card that was used to acquire Electronic Money. The Issuer is released from any obligation upon
confirmation to the User of the transfer to the account indicated or crediting the Card in the amount of
12
Electronic Money available.
In the event of serious breach, fraud, or lack of payment on the part of the User, the Issuer reserves the right
to suspend or terminate this Contract by sending an email along with a registered letter with
acknowledgment of receipt.
In the event a successor to the Issuer is nominated to issue Electronic Money distributed on the Site, it is the
Distributor’s responsibility to gather the express written agreement of the User of this change, regarding the
amount of Electronic Money available and to indicate to the Issuer the terms for transferring the funds
corresponding to the Electronic Money available.
11. Modification of the Framework Contract
The Issuer reserves the right, at any time, to modify the Framework Contract. Any draft modification of the
Framework Contract is to be provided to the User by the Distributor in Hard Copy format, at the latest two
(2) months before the date proposed for its entry into force. Any new service proposed by the Issuer is
subject to a modification of the Framework Contract.
Any User may refuse the proposed modifications and must notify their refusal to the Distributor Customer
Service by registered letter with acknowledgment of receipt 2 months before the proposed modifications
enter into force (post office stamp being proof thereof) to the address indicated in the General Conditions
of the Site.
Lacking notification of refusal before the indicated date that they enter into force, the User will be deemed
to have accepted the proposed modifications.
The relationship between the Parties after the date of entry into force will then be governed by the new
version of the Framework Contract.
In the event the User refuses, this refusal will give rise, without fees, to the termination of the Framework
Contract, as well as the Reimbursement of the units of Electronic Money belonging to them in a time frame
of thirteen (13) months following the date the termination takes effect in order to cover anything contested
in the future.
Any legislative or regulatory provisions that make modifications necessary to any part of the Framework
Contract will be applicable from the date they enter into force, without advance notice. However, the User
will be informed thereof.
12. Security
The Issuer undertakes to ensure that the services are provided with respect to the applicable laws and
regulations and best practices. Specifically, the Issuer shall do what is necessary to ensure the security and
confidentiality of the User’s data, in compliance with the regulation in force.
The Issuer reserves the right to temporarily suspend access to the online Account for technical, security or
maintenance reasons without these operations invoking any right to an indemnity of any kind. It undertakes
to limit these types of interruptions to those that are strictly necessary.
However, the Issuer shall not be held responsible to the User for potential errors, omissions, interruptions
or delays of operations carried out via the Site that result from unauthorised access by the latter. The Issuer
shall not be held responsible for the theft, destruction or unauthorised disclosure of data that results from
unauthorised access to the Site. Furthermore, the Issuer remains outside of the scope of the legal relationship
between the User and the Beneficiary of the Payment Operation or between the User and the Site. The Issuer
will not be held responsible for defaults, breaches or negligence between a User and a Beneficiary, or the
Site and a User.
If the unique identifier or any other information necessary to carry out a Payment Operation provided by
the User is inexact, the Issuer cannot be held responsible for the improper execution of said Service.
13
The Distributor alone is responsible for the security and confidentiality of the data exchanged in the
framework of using the Site in compliance with the General Conditions of the Site, the Issuer being
responsible for the security and confidentiality of the data that it exchanges with the User in the framework
hereof for creating and managing their Account, as well as Payment Operations related to the Account.
13. Limits to the Issuer’s Liability
The Issuer is in no way involved in the legal and commercial relationships and potential disputes arising
between the Beneficiary and the User or between the User and the Distributor. The Issuer exercises no
oversight over the conformity, security, legality, characteristics and the appropriate character of the products
subject to a Payment Operation. In this regard, it is the User’s responsibility to gather all useful information
in order to carry out the purchase of a product or service, the collections of funds or any other operation
required. Every operation carried out by the User gives rise to a contract created directly between themselves
and the Beneficiary(ies) who are strangers to the Issuer. Consequently, the latter cannot be held responsible
for the non-performance or improper performance of the obligations arising from it, or any potential
damages caused to the User in this regard.
Notwithstanding any contrary provision in this Contract, the Issuer’s liability in terms of a User is limited
to reparations for direct damages as established by regulation.
14. Commitments of the User
The User acknowledges that the elements in their Personal Online Area on the Site do not infringe on the
rights of a third party and are not contrary to the law, public order, or proper ethics. The User attests to the
conformity, legality and appropriate character of the amount granted to the Beneficial Owner, of the
purchase of the good by the Beneficial.
They undertake to not perform the Framework Contract in an illegal manner or under conditions that may
damage, deactivate, overload or alter the Site; They undertake to not usurp the identity of another person or
entity, falsify or divulge their identity, their age or create a false identity;
In the event of a breach of these obligations the Issuer reserves the right to take all appropriate measures to
bring an end to these actions. It also has the right to suspend, erase and/or block access to the Account.
Without prejudice to legal actions undertaken by third parties, the Issuer has the right to personally bring
any legal action that seeks to repair the damages that it has personally been subject to due to the User’s
breach of their obligations under this Contract.
15. Withdrawal Right
15.1. Provisions Applicable to All Users
The User having been initiated under the meaning of Articles L.341-1 et seq. of the Monetary and Financial
Code has a time frame of fourteen (14) calendar days to exercise their right of withdrawal, as the case may
be subject to responding to the conditions of Article D. 341-1 of this Code, without having to justify the
reason or bear the penalty.
This time frame for withdrawal begins from the day of their registration as a User.
15.2. Provisions Applicable to the Consumer User
Under Article L. 222-7 of the Consumer Code, the consumer User has a right of withdrawal that may be
exercised in a time frame of fourteen (14) days without having to justify the reason or bear the penalty. This
withdrawal time frame begins either from the day of entering into the Framework Contract, or from the
receipt of the contractual conditions and information, if this date is after that of the date the Framework
Contract is entered into.
The Framework Contract may only be put into effect before the withdrawal deadline has expired upon the
approval of the consumer User. The consumer User recognises that the use of Services after entering into
14
the Framework Contract constitutes an express request on its part to begin performing the Framework
Contract before the above-mentioned deadline has expired.
Exercising the right of withdrawal involves the Framework Contract coming to an end, and in the event
performance thereof has begun, takes the form of termination and does not bring into question the services
previously provided. In this event, the consumer User will only be responsible for a payment proportional
to the Services effectively provided.
15.3. Exercising the Withdrawal Right
The User must notify the Distributor Customer Service of their withdrawal request within the indicated time
frame by telephone or by email and by sending confirmation to the address of the Distributor Customer
Service. For this purpose, it may use the withdrawal slip made available to them by the Platform.
16. Rules Regarding the Fight Against Money Laundering and the Financing of Terrorism
The Issuer is subject to all of the Luxembourg regulations regarding the fight against money laundering and
the financing of terrorism.
Pursuant to the provisions of Luxembourg law, relating to financial organisations participating in the fight
against money laundering and the financing of terrorist activities, the Issuer must obtain information from
all Users regarding any operation or original business relationship, the subject and the destination of the
operation or the opening of the Account. Furthermore, it must carry out all due diligence for identifying the
User and, if it be the case, the beneficial owner of the Account and/or the Payment Operations related to
them.
The User recognises that the Issuer may bring an end or postpone at any time the use of Personalised Security
Data, access to an Account or the execution of an Operation or a Reimbursement in the absence of sufficient
elements regarding their purpose or nature. They are informed that an operation carried out in the framework
hereof may be subject to exercising the right of communication to the national financial intelligence unit.
The User, pursuant to regulations, may access all information thus communicated subject to this right of
access not jeopardising the purpose regarding the fight against money laundering and the financing of
terrorism if this data relates to the individual making the request.
No proceedings or civil liability action may be brought and no professional sanctions issued against the
Issuer, their officers or agents if they have made declarations regarding suspicions in good faith to their
national authority.
17. Protection of Personal Data
The Issuer collects and processes all Personal Data in compliance with the regulations in force applicable
to the protection of this Data.
The Personal Data required during registration is necessary in the framework of the services provided in
compliance herewith. If the obligatory Personal Data is not provided, the interested party may be refused
access to the services.
The Person in Question is informed that the Personal Data is specifically collected for the following
purposes: providing the services such as described herein; the fight against money laundering and the
financing of terrorism; managing requests for information and claims; carrying out statistics. This data
processing is specifically necessary for the performance of the Framework Contract as well as respecting
the legal obligations that the data processor is subject to. The Issuer and the Distributor act as joint
processors of this data.
The Personal Data shall not be transferred to any third party without the express consent of the Persons in
Question. However, the Person in Question is informed that the Personal Data is transferred to the Issuer’s
15
subcontractors for the above-stated purposes. Said subcontractors only act on instructions from the Issuer
and exclusively on behalf of the latter.
The Person in Question may access the list of subcontractors by sending their request to the Distributor
Customer Service. They are informed that the Issuer ensures that their subcontractors take all necessary
measures in order to maintain the security and confidentiality of the Personal Data. In the event the Personal
Data is violated (loss, breach, destruction, etc.) involving increased risk to the Person in Question, the latter
will be informed thereof.
The Issuer reserves the right to disclose Personal Data at the request of a legal authority to be in compliance
with any law or regulation in force, to protect or defend the rights of the Account Holder or the Person in
Question, if circumstances require it or to protect the security of the Service Provider, the Services or the
public.
Personal Data processed by the Issuer in the framework of the services provided in compliance herewith is
kept for the period of time that is strictly necessary to attain the purposes mentioned hereinabove. Barring
legal and regulatory provisions to the contrary, the Personal Data will not be kept beyond the effective date
of termination of the Contract. It is specifically indicated that the Personal Data relating to identification is
kept for a term of five years from the end of the contractual relationship, subject to applicable regulation in
terms of the fight against money laundering and the financing of terrorism.
The Persons in Question have the following rights pertaining to their Personal Data, according to the
conditions established by regulations: the right of access, right of rectification, the right of objection, the
right of erasure, the right to restrict its processing and the right of portability. The Person in Question may
at any time exercise these rights by addressing the Distributor Customer Service. The request must indicate
their last name, first name, identifier, and include a photocopy of an identity document bearing their
signature.
A response will be sent to the Person in Question in a time frame of one (1) month following receipt of the
request. This deadline may be extended to two (2) months, given the complexity and the number of requests.
In this case, the Person in Question will be informed of this extension and the reasons for postponement
within a deadline of one (1) month from the receipt of the request.
The Person in Question will be informed if they have the right to file a claim with the competent authority
for any request related to their Personal Data.
If the Person in Question provides the request in electronic format, the response will be provided in
electronic format, unless they expressly request otherwise.
When the Personal Data relate to a Person in Question who is not a party to the Framework Contract has
been transferred by the User, the latter will be responsible for communicating to the Person in Question the
information of this Article.
Additional Information on the processing of Personal Data carried out in the framework hereof, the time
frame that it is kept and the rights of the Person in Question are available in the Issuer’s confidentiality
policy (accessible at the site www.mangopay.com).
18. Professional Secrecy
The Issuer is bound by professional secrecy. However, the secrecy may be lifted, in compliance with the
legislation in force, based on a legal, regulatory and prudential obligation, specifically at the request of
supervisory authorities, the tax or customs administration, as well as those of a criminal judge or in the event
of a legal request indicated to the Distributor. Notwithstanding the foregoing, the User has the right to release
the Distributor from professional secrecy by expressly indicating the authorities receiving the confidential
information that relates to the User.
16
It is specified that professional secrecy may be lifted by regulation benefiting companies providing the
Distributor important operational tasks within the framework hereof.
19. Intellectual Property
The Issuer retains all intellectual property rights that pertain to them for the Services offered to the User.
None of these intellectual property rights will be transferred to the User under this Contract.
20. Death of the User and Inactive Accounts
20.1. Death of the User
The death of the User will bring an end to the Framework Contract, once this is made aware to the Issuer.
Operations occurring from the time of death, except with the agreement of the individual who has rights or
the attorney in charge of the estate, will be considered not having been authorised.
The Electronic Money Account will remain open for the time necessary to settle the estate and the
Distributor/Issuer will ensure the transfer of the balance upon the agreement of the individual who has rights
or the attorney in charge of the estate.
20.2. Inactive Accounts
Any inactive Electronic Money Account may be the subject to an inactivity notification by email on behalf
of the Distributor followed by a follow-up notification one (1) month later. The User’s Account is considered
inactive if, at the end of a period of twelve (12) months, there have been no operations (with the exception
of management fees being taken out) at the initiative of the User (or any representative) and that has not
been specifically indicated to the Distributor in any form whatsoever.
In the absence of a response or use of the Electronic Money available in this time frame, the Account will
be closed and maintained only for the purposes of carrying out Reimbursement of the Electronic Money.
Management fees may be collected by the Issuer.
The Account will no longer give rise to any further use of the Electronic Money.
21. Force Majeure
The Parties shall not be held responsible, or considered as being in breach hereof, in the event of a delay or
non-performance, when the cause of which is related to an event of force majeure as defined by Article 1218
of the Civil Code.
22. Independence of the Contractual Stipulations
If one of the stipulations hereof is nullified or not applicable, it shall be deemed not having been written and
it shall not lead to nullification of the other stipulations.
If one or more stipulations hereof becomes invalid or is declared as such pursuant to a law, regulation or
following a definitive decision handed down by a competent jurisdiction, the other stipulations retain their
force of obligation and their scope. The stipulations declared null and void will then be replaced by
stipulations that are as close as possible to the meaning and the scope of the stipulations initially agreed to.
23. Protection of Funds Collected
The User’s funds are deposited at the end of each Business Day in an account opened in a Bank and are
held by the latter.
Under the terms of Article 24-10 (1) a) of the Law of 20 May 2011, published in Mémorial A n° 104 of 24
May 2011 of the Grand Duchy of Luxembourg and Article 14 of the Law of 10 November 2009 published
in Mémorial A n° 215 of 11 November 2009 of the Grand Duchy of Luxembourg, transposing the Directive
2009/110/EC of the European Parliament and the Council of 16 September 2009, concerning access to the
activity of electronic money institutions, the funds collected are protected and are not included in the pool
17
of assets of the electronic money institution in the event of liquidation, bankruptcy or any other competitive
situation that may arise for this latter.
24. Lack of Transferability
The Framework Contract may not be subject to a total or partial transfer by the User in return for payment
or free of charge. Thus, they are prohibited from transferring to any third party whatsoever the rights or
obligations that it holds hereunder. In the event of breach of this prohibition, in addition to the immediate
termination hereof, they may be held responsible by the Issuer.
25. Agreement in Relation to Proof
All data will be included in unalterable, true and secured form on the technology database of the Issuer
specifically relative to Payment Orders and confirmation received from the User, notifications sent, access,
Withdrawal, Reimbursement so as to constitute proof between the Parties unless there is proof to the
contrary.
26. Claims and Mediation
The User is asked to address the Distributor Customer Service, as indicated on the Site regarding any claim.
Any claim other than that established in Article 8 relating to entering into, performing or terminating the
Framework Contract and the services of issuing and managing Electronic Money must be indicated by email
to the following address: legal@mangopay.com.
The User accepts that the Issuer will respond to their claims on Hard Copy format. The response will be
issued as quickly as possible and at the latest within a time frame of fifteen (15) Business Days following
the receipt of the claim by the Issuer. However, for reasons outside of its control, the Issuer may not be able
to respond in this time frame of fifteen (15) days.
In this event, it will provide the User with the response specifying the reasons for this additional time period
as well as the date on which it will send the definitive response. In any case, the User shall receive a
definitive response at the latest in a time frame of thirty-five (35) Business Days following the receipt of
the claim.
The User is informed that the CSSF (Commission de Surveillance du Secteur financier) [Oversight
Commission of the Financial Sector] is competent to settle disputes on an extrajudicial basis related to the
performance of this Framework Contract. For more information on the CSSF and the conditions of such
recourse, you may address the Distributor Customer Service or consult the website of the CSSF
(http://www.cssf.lu). Mediation requests must be addressed to the Mediator of the Commission de
Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, L-1150 Luxembourg, (direction@cssf.lu) and
this, without prejudice to other legal actions. However, the mediator may not be approached if the request
is manifestly unfounded or abusive, if the dispute has previously been settled or is in the process of being
settled by another mediator or by a court, if the request to the mediator is provided within a time frame of
longer than one year from the time of the written claim to the professional, or if the dispute does not fall
within the mediator’s scope of competence.
27. Language - Applicable Law and Competent Jurisdiction
With the exception of applying a law related to public order (which only applies in the strict limits of its
purpose), is expressly stipulated that English is the language chosen and used by the Parties in their precontractual and contractual relationships and that the Framework Contract is subject to French law and any
dispute between the Parties regarding the latter shall be submitted to the jurisdiction of the competent French
courts.