Introduction 

MANGOPAY S.A. is a limited company under French law with its registered office at 2, Avenue Amélie, L-1125 Luxembourg and is registered with the Luxembourg Trade and Companies Register under number B173459. 

MANGOPAY S.A. ("MANGOPAY, "we", "our") has created an API for online platform operators that allows them to integrate a payment solution ("the MANGOPAY Solution") in their website or in their mobile application, through which MANGOPAY processes payments between users. 

In order to process these payments, MANGOPAY is a licensed electronic payment institution, which allows it to offer payment services throughout the European Economic Area. This authorization was issued by the Commission de Surveillance du Secteur Financier (283 route d'Arlon L-1150 Luxembourg, www.cssf.lu) and can be consulted on the official website of the CSSF as well as on the official European register (EUCLID). 

MANGOPAY has authorized the limited company SAS Leetchi.com (France) as a payment agent, in accordance with Article 19 of Directive (EU) 2015/2366, to support you throughout your relationship with MANGOPAY. It should be noted that SAS Leetchi.com (France) does not collect funds from www.leetchi.com users. The management of payments on the website www.leetchi.com, as well as the collection of funds associated with MANGOPAY Accounts, are carried out exclusively by MANGOPAY.

1. Definitions

Terms starting with a capital letter in the General Terms and Conditions of Use of MANGOPAY Payment Services are defined as follows: 

 

2. Purpose and Scope of the General Terms and Conditions

These General Terms and Conditions govern the MANGOPAY Services that we provide to you. "You" (or "your") means any person that subscribes to the services of the Partner via its Platform and who uses the MANGOPAY Services to receive payments in relation to its activities on the Platform. The MANGOPAY Services must only be used in connection with your Transactions on the Partner's Platform. 

These General Terms and Conditions shall be deemed non-applicable to any person who has accepted them online and who does not qualify as per the above. For example, these General Terms and Conditions do not apply to persons who only use the Platform to make a payment to another user using one of the Payment Methods offered. We recommend that these persons read our Privacy Statement (https://www.mangopay.com/privacy-statement) to learn more about the data we collect in connection with the processing of their payments. 

We have appointed the Partner to support you throughout your use of the MANGOPAY Services. For any questions regarding these General Terms and Conditions, please contact the Platform's Customer Service Department. 

You accept to comply with the General Terms and Conditions and the special terms and conditions appended thereto where applicable.

3. Subscribing to the MANGOPAY Services
   
   3.1 Eligibility Criteria

The eligibility criteria for our MANGOPAY Services depend on your situation. The criteria specific to each situation are outlined below. 

You are a natural person not acting for business purposes In order to subscribe to and use the MANGOPAY Services as a natural person acting as a consumer, you declare and warrant that:  

• You are at least 18 years of age; 

• You have the legal capacity to accept these General Terms and Conditions and to use the MANGOPAY Services;

• You are not acting in connection with a professional business (commercial, industrial, artisanal, freelance or agricultural business);

• All information provided by you when subscribing, or that you are required to provide when using the MANGOPAY Services, is true, accurate and up to date; 

• You are registered with the Partner as acting for non-business purposes; 

• You are acting in your name and on your own behalf when using MANGOPAY Services;

• You are not involved in businesses prohibited by law;

• You are not involved in a business prohibited by MANGOPAY. Prohibited businesses can be found on our website (https://www.mangopay.com/prohibited-businesses/). 

 

If you are a legal entity (such as a company or an organization). In order to subscribe to and use the MANGOPAY Services on behalf of a legal entity, you declare and warrant that: 

• You are a legal representative of the legal entity and you have all the powers to commit the legal entity under these Terms and Conditions; 

• All information provided by you when subscribing, or that you are required to provide when using the MANGOPAY Services, is true, accurate and up-to-date; 

• The legal entity is duly incorporated as a company, organization or other, and is registered in a Country authorized by MANGOPAY. Authorized States are provided on our website at (https://support.mangopay.com/s/article/which-are-the-authorized-countries-where-you-can-process-payments?language=en_US);

• The legal entity is referenced on the Partner's Platform as acting in a professional capacity or, where applicable, for non-profit purposes if the legal entity is a non-profit entity.  

• The legal entity acts on its own behalf when using the MANGOPAY Services; 

• The legal entity is not involved in businesses prohibited by law;  

• The legal entity does not perform a business prohibited by MANGOPAY. Prohibited businesses can be found on our website (https://www.mangopay.com/prohibited-businesses/ ). 

If you are a natural person acting for business purposes. In order to subscribe to and use the MANGOPAY Services, you declare and warrant that:

• All information provided by you when subscribing, or that you are required to provide when using the MANGOPAY Services, is true, accurate and up-to-date; 

• You conduct your professional activity legally in accordance with your country of practice and, where legally required, you are duly registered with the relevant authorities (including tax authorities) and/or registers in a Country that is part of the European Economic Area Agreement or in a third-party country that enforces equivalent requirements in terms of AML/CFT.

• You are registered on the Partner's Platform as acting for business purposes;  

• You are acting on your own behalf when using the MANGOPAY Services; 

• You are not involved in a business prohibited by MANGOPAY. Prohibited businesses can be found on our website (https://www.mangopay.com/prohibited-businesses/). 

3.2 Subscription Terms

In order to subscribe to the MANGOPAY Services, you must follow the registration process specified by the Partner. Unless the Partner provides you with different procedures, the General Terms and Conditions are signed remotely via the Partner's Interface, and this is formalized through an online acceptance procedure. As such, you must have the appropriate equipment (hardware and software), for which you are solely liable. The date on which the General Terms and Conditions are signed is the date on which you complete the acceptance procedure on the Partner's Interface (or, if applicable, the date on which you manually sign the General Terms and Conditions if the Partner has provided for this). 

3.3 Required information and documentation

The regulations with which we must comply require us to identify you and verify your identity so that we can provide the MANGOPAY Services to you. As part of subscribing to the MANGOPAY Services, you must provide us with all the required Identity Data and Supporting Documentation via the Partner's Interface. This information must be accurate, complete and up to date. 

The following Identity Data and Supporting Documentation are required: 

 

We may change this list at any time based on changes in regulations that apply to us. Furthermore, we may ask you to resend us updated Identity Data and Supporting Documentation as part of our obligation to update information about our users.  

If the information provided (Identity Data and/or Supporting Documentation) is incomplete or incorrect, the MANGOPAY Services may be limited or suspended. We may also ask you for any other additional documentation that we deem necessary as part of our AML/CFT checks. 

3.4 Limited use of the MANGOPAY Services

In the event that you have not sent us your Identity Data and/or Supporting Documentation, the MANGOPAY Services may be suspended or limited to certain transactions under a specified amount, in accordance with the legal requirements regarding AML/CFT that apply to MANGOPAY. 

For example, limits on the MANGOPAY Services may restrict you from transferring all or part of the funds saved in your MANGOPAY Account to your External Account in accordance with clause 3.7, or to receive payments in accordance with clause 3.5. These limits shall apply until you have sent the required Supporting Documentation and we have verified your identity. Other limits may also apply; where applicable, they shall be specified on the Platform. 

Once you have submitted the required information (Identity Data and/or Supporting Documentation) and we have approved your registration, we shall lift the aforementioned restrictions of use of the MANGOPAY Services.

3.5 Receiving Payments (Transactions)

The MANGOPAY Services enable you to receive payments from a Payer in connection with a Transaction made on the Platform. We collect these Transactions and put them in your MANGOPAY Account. In order to complete a Transaction, Payers may choose the Payment Methods available on the Partner's Platform, in accordance with the terms that we have agreed with the Partner. The Payment Methods available may vary from time to time: these are notified by the Partner to Payers and may include, for example, card payments, receiving payments (SEPA or international) and receiving direct debits. The Transactions we receive on your behalf are stored in your MANGOPAY Account, provided that we have received the funds from the Payer's PSP. If the funds of a Transaction are not received for technical reasons, we shall do whatever necessary to ensure the funds reach your MANGOPAY Account. 

Disputing Transactions we receive on your behalf - Depending on the Payment Method used by a Payer, the Payer may be entitled to dispute a Transaction in accordance with the rules of said Payment Method, including where fraud is not suspected. This is especially the case for card and direct debit Payment Methods. In the event that a Transaction is disputed by the Payer and we are required to return the funds to the Payer via the Transaction Payment Method, we shall be entitled to deduct the corresponding amount from your MANGOPAY Account, including by means of offsetting. In this case, we may fully or partially reverse the disputed Transaction. Where applicable, we may also recover from you, by any means, the cost of the return of funds for each Transaction in the event that there is a shortfall, without prejudice to our legal capacity to have your rights subrogated to us in order to recover the amounts owed by the Payer by any means.

MANGOPAY Services that include receiving payments in other currencies - When receiving a payment from a Payer in connection with a Transaction completed on the Platform, and unless otherwise instructed by you, we are entitled to allow a Payer to make a payment in a current different to the currency of your MANGOPAY Account. In this case, a currency conversion service shall be offered to the Payer so that it can pay in the currency of its country of residence and/or its Payment Method. If the Payer chooses to use the currency conversion service when performing the Transaction, it shall be notified of the costs for the service (exchange rate and commission). MANGOPAY shall apply a currency conversion fee. The Transactions that we receive on your behalf in a different currency following the use of the currency conversion service by the Payer shall be saved in your MANGOPAY Account at no additional cost to you.

3.6 Refunding a Transaction

If you wish to refund a Payer in connection with a Transaction, you can request to fully or partially cancel a Transaction that we have received on your behalf in accordance with point 3.5. It shall only be possible to cancel a Transaction if the funds corresponding to the amount to be reimbursed are available in your MANGOPAY Account. You acknowledge that the payment order, corresponding to the refund, shall be completed after deduction of the fees mentioned in Article 3.8.
Full or partial cancellation of the Transaction shall be via the Payment Method initially used by the Payer for the Transaction in question, within the limits of the rules for each Payment Method (such as card networks and SEPA rules), no later than ten (10) working days following receipt of the refund request.

It may not be possible to cancel the Transaction due to other reasons (for example, if the refund takes place more than 11 months after the Transaction date if the payment was made by card). 

You agree that the information that we require to issue a refund may be sent to us directly by the Partner. 

3.7 Payment of funds into your External Account

(i) Registering an External Account 

The funds in your MANGOPAY Account shall be only be paid into an External Account opened in your name with a third-party PSP. For this reason, you must register an External Account. You must provide the following information via the Platform Interface: IBAN, BIC (optional), your exact surname(s), first name(s) and postal address as the holder of the External Account. You may at any time add or modify your External Account via the Platform Interface provided that you follow the procedure for adding an External Account as indicated on the Platform by the Partner. 

You are not authorized to register an External Account of which you are not the holder. 

(ii) Remittance of funds into your External Account 

We shall make payments into your External Account in accordance with the instructions you have provided on the Platform Interface, and after deduction of the administration fees provided for in Article 3.8. We may block a payment if we suspect fraudulent or illegal use of your MANGOPAY Account, a security threat to your MANGOPAY Account, or for reasons related to AML/CFT, including where an administrative authority has enforced a freezing order against you, or for any other reason specified in Article 6. 

If you notice that a payment has been made and there are errors, you may notify this error to the Platform's Customer Service Department. If the error is on our part, we shall rectify the situation as quickly as possible. 

The payment of funds into your External Account is strictly subject to your compliance with the requirement to provide the documentation enabling us to verify your identity, as specified in Article 3.3. 

(iii) Fund payment currency

The funds in your MANGOPAY Account shall be paid into your External Account in principle in the currency in which the Transactions were made into your MANGOPAY Account and in which you are expecting a payment. We recommend that you check whether additional fees applied by the PSP holding the External Account may be applied where the currency of payment of the funds in your MANGOPAY Account is not the same as the currency of your External Account.

3.8 Fees

In return for providing the Services, MANGOPAY shall collect the administration fees set out below. These fees may be modified at any time as per the terms of Article 4.1, subject to providing two months' notice. 

• In accordance with the Rates, MANGOPAY shall not charge you for running the MANGOPAY account associated with your Transactions on the Partner's Platform for the first ten (10) months from subscription to the Partner's services via its Platform/from creation of the MANGOPAY Account. If no request for payment from your External Account is made, MANGOPAY shall apply the following fees: 10% of the MANGOPAY Account total in the 11th month and EUR 5 per month from the 12th month, up to the limit of the sums available in the MANGOPAY Account. 

• When funds are paid into your External Account, MANGOPAY also collects administration fees. The total of these fees is based on the total amount of money collected from the MANGOPAY Account, rounded up to the nearest hundredth of a cent where applicable, as per the pricing terms, which can be found on the "Rates" page of the Partner's website (https://www.leetchi.com/en.fees). These fees shall be collected from the MANGOPAY Account when the funds are transferred to the External Account.

• In the case of any request for a refund made as per the terms of Article 3.6, MANGOPAY collects fees of 6% of the refund amount, which shall be deducted from the amount payable to the Payer. 

3.9 Protection of funds

The funds that we hold on your behalf are protected in accordance with the terms of Article 24-10 (5) and Article 14 of the Law of 10 November 2009 published in Mémorial A no. 215 of 11 November 2009 of the Grand Duchy of Luxembourg. 

3.10 Blocking of your MANGOPAY Account and the MANGOPAY Services

We may block your MANGOPAY Account and suspend the MANGOPAY Services for reasons related to the security of the MANGOPAY Account, if the unauthorized, illegal or fraudulent use of the MANGOPAY Account and/or the MANGOPAY Services is suspected, if there are serious breaches of these General Terms and Conditions, if suspicions arise regarding money laundering or the financing of terrorism, if a freezing order is enforced against you, or at the reasoned request of our banking or card network partners if they believe that your use of the MANGOPAY Services is in breach of their rules. For any questions about the blocking of your MANGOPAY Account or the suspension of the MANGOPAY Services, please contact the Platform's Customer Service Department. We must note that in some cases, we are prohibited from communicating to you the reasons for your MANGOPAY Account being blocked or the MANGOPAY Services being suspended.

In addition to the restrictive measures and penalties specified by EU law, MANGOPAY is required, as a subsidiary of a company based in the USA, to comply with the financial penalties and other restrictive measures implemented in particular by OFAC (the Office of Foreign Assets Control) of the American Department of the Treasury. This means that we shall be required to immediately restrict a Transaction, suspend and/or immediately cease providing you with all or part of the MANGOPAY Services, and/or terminate these General Terms and Conditions if we find that you are a named person in the measures/penalties of OFAC and/or your MANGOPAY Account Transactions involve, more generally, (i) persons, (ii) countries, or (iii) specific products/services originating from certain countries/geographical areas covered by OFAC, in addition to the commercial restrictions applied by relevant laws and regulations. 

We shall unblock your MANGOPAY Account and the MANGOPAY Services when the reasons for blocking them no longer exist.

3.11 Security

We shall make every effort to ensure the confidentiality and security of your MANGOPAY Account. We may temporarily suspend use of the MANGOPAY Account and/or the MANGOPAY Services for technical, security or maintenance-related reasons, without such operations giving rise to any right to compensation. Such interruptions shall be strictly limited to those necessary. 

You must take all reasonable steps to monitor and ensure the security of the devices you use to access the Platform and MANGOPAY Services. If you are a legal entity, you must also ensure that only persons authorized by you use MANGOPAY Services. You are fully responsible for use of the MANGOPAY Services and for access to the MANGOPAY Account by any person authorized for such purpose. MANGOPAY cannot be held liable in this respect, except in the case of proven fault on our part.  

3.12 Anti-money laundering and combatting the financing of terrorism

We are subject to all applicable regulations on anti-money laundering and combatting the financing of terrorism (AML/CFT). In order to provide you with Payment Services, the law requires us to identify you and verify your identity, as well as the identity of the beneficial owner if you are a legal entity. In some cases, we may also be required to obtain information about a Transaction (such as its purpose, its origin or its destination) or the use of your MANGOPAY Account. As such, as soon as we believe that the information that we have is not sufficient or this information raises doubts regarding money laundering or the financing of terrorism, we may, at any time, suspend use of your MANGOPAY Account and the provision of the MANGOPAY Services, without prejudice to us being able to request the termination of the General Terms and Conditions binding us if we believe that we are unable to comply with our AML/CFT obligations by continuing to provide the MANGOPAY Services to you. 

It must be noted that the MANGOPAY Services that we provide to you may be subject to the exercising of the right of communication by the relevant authorities, such as the national financial intelligence unit. No lawsuit and no civil liability proceedings may be brought, nor may any professional sanction be pronounced against MANGOPAY, its managers or its employees who file suspicious transaction reports in good faith with their national authority.

4. Amendment, duration and termination of the agreement 

   
   4.1 Amendment of the General Terms and Conditions 

We may amend the General Terms and Conditions at any time. You shall be informed of any amendment via the Platform or by MANGOPAY. If amendments to the General Terms and Conditions are required by legal or regulatory provisions, they shall be applicable with immediate effect. In all other cases, you shall be informed of any amendment at least two (2) months before it comes into force and you shall have the option of refusing to accept the changes by notifying the Customer Service Department of the Platform or MANGOPAY of your refusal and the termination of these General Terms and Conditions. Your refusal, including termination of these General Terms and Conditions, must be notified in writing before the proposed amendments come into effect. If you do not provide notice of your refusal, the proposed amendments shall be considered accepted. In that case, the new version of these General Terms and Conditions shall be applicable as soon as it enters into force. You acknowledge that your continued use of the MANGOPAY Services after the date of implementation of any updates shall constitute acceptance of such changes.

4.2 Duration and termination

The General Terms and Conditions have been agreed for an indefinite period, and shall apply as soon as you have accepted them. 

You may terminate these General Terms and Conditions at any time. We may also terminate the General Terms and Conditions at any time by giving two (2) months' notice. Whether the termination is at your initiative or MANGOPAY's initiative, it must be notified to the other party by any means, including by email. If you wish to terminate by email, termination at your initiative may be addressed to the Platform's Customer Service Department or to MANGOPAY to the following email address: eu-account-closure@mangopay.com. You consent for your termination request to be sent to us by the Partner, where applicable. If an enquiry is in progress when the termination of your MANGOPAY Account is requested, we may block your MANGOPAY Account in accordance with Article 4.6. 

We may also terminate these General Terms and Conditions by simple notification (including by email), without prior notice, in all the cases specified under Article 6 and in the following cases: serious breaches of these General Terms and Conditions; failure to comply with the eligibility criteria specified in Article 3.1; refusal to provide the required documentation specified in Article 3.3; fraudulent or illegal use of the MANGOPAY Services; suspicions arising regarding money laundering or the financing of terrorism; at the reasoned request of our banking or card network partners if they believe that your use of the MANGOPAY Services is in breach of their rules, or if you or one of your Transactions are subject to restrictive measures or financial penalties. 

The General Terms and Conditions shall also be automatically terminated in the following cases:

• If your MANGOPAY Account is inactive, as defined below;

• If your Platform Agreement comes to an end (at your initiative or the Partner's initiative).  

 

It must be noted that the termination of the General Terms and Conditions (and therefore the closure of your MANGOPAY Account) shall only take effect when the MANGOPAY Account has a zero balance.

4.3 Consequences of terminating the agreement between MANGOPAY and the Partner

We would like to advise you that if the agreement that we have entered into with the Partner for integration of the MANGOPAY Solution comes to an end, we shall proceed with terminating the General Terms and Conditions, complying with the notice period specified in Article 4.2. 

Where applicable, if your MANGOPAY account is at zero balance, it shall automatically be closed once notice has been given and the General Terms and Conditions shall be deemed terminated. 

If your MANGOPAY Account has a positive balance, you must transfer the funds into an External Account that belongs to you in order for your MANGOPAY Account to be closed. If you do not transfer your funds, we shall continue to manage your credit balance with due care.Your MANGOPAY Account shall be considered inactive if no transactions have been recorded on your MANGOPAY Account for one (1) year (excluding administration fees) and you have not contacted us in any way whatsoever during this time. 

You shall receive a notification of inactivity by email from the Platform or MANGOPAY asking you to contact MANGOPAY in accordance with the procedure outlined in the notification of inactivity. If it is not possible to transfer the funds from your MANGOPAY Account to your External Account, your funds shall be held by MANGOPAY. The administration fees mentioned in Article 3.8. remain due throughout the period of inactivity. 

These administration fees shall be limited to the positive balance available on the MANGOPAY Account. Once the balance of your MANGOPAY Account goes to zero, it may automatically be closed and these General Terms and Conditions shall be definitively terminated. 

Until you collect the funds from your MANGOPAY Account, the Account shall be kept open for the sole purpose of paying the amounts owed on the External Account specified by you, without prejudice to the administration fees collected by MANGOPAY. 

In the event of death, the balance may only be returned to your beneficiaries in accordance with Article 4.5. The MANGOPAY Account may no longer enable payment transactions to be carried out.

If your MANGOPAY Account has been inactive for six (6) years and if your MANGOPAY Account still has a positive balance, MANGOPAY shall be permitted to transfer your funds to the Luxembourg Caisse de Consignation. If applicable, you must submit a return of funds request directly to the Caisse de Consignation. For more information about the Caisse de Consignation and the terms for the return of funds, please visit the State Treasury website (https://te.public.lu/fr/caisse_consignation.html).  

4.4 Death (natural person)

In the event of death, we shall cease providing the MANGOPAY Services. We shall also restrict payments to the External Account until we receive instructions from the beneficiaries or the notary in charge of the estate. Your funds may only to returned to your beneficiaries provided that the documentation submitted enables us to verify the legitimacy and identity of the latter.

4.5 Consequences of termination

In the event that notice of termination of the General Terms and Conditions is given, you may no longer use all the MANGOPAY Services and your MANGOPAY Account shall be restricted to the transactions required for you to transfer the funds in your MANGOPAY Account to your External Account. The funds that we keep in your MANGOPAY Account shall be transferred to your External Account subject to your compliance with the identification requirements specified in Article 4.3. Your MANGOPAY Account shall be permanently closed and the General Terms and Conditions terminated once the MANGOPAY Account is at zero balance.    

5. Limitation of Liability

Our liability is limited to the provision of the MANGOPAY Services. We shall not intervene in any way in legal and commercial relations or in any potential disputes between you and the Partner, between you and a Payer or between you and any other user of the Platform. We do not have any control over the compliance or characteristics of the products and services for which we process a payment. We are not party to the agreement between you and a Payer or between you and the Partner. Consequently, we cannot be held liable for the non-performance or poor performance of resulting obligations, nor for any fault(s), breach(es) or negligence of a Payer or a Partner towards you. The Partner is solely liable for the security of its Platform; you must apply to the Partner for any dispute in relation to the use of its Platform. We are solely liable for the security of the MANGOPAY Solution. 

Under no circumstances may we be held liable (i) in the event of the blockage of the MANGOPAY Account or the suspension of the MANGOPAY Services as a result of the cases specified in these General Terms and Conditions, (ii) in the event of the unavailability of the Platform or your Interface, (iii) in the event of unauthorized access to your Interface or a security breach of the Platform, (iv) in the event of outages or disruptions in our software and IT systems used to provide the MANGOPAY Solution and (v) in the event of the non-performance or poor performance of obligations arising from your agreement with a Payer or with the Platform. In all cases, our liability is limited to compensation for direct damages related to a breach on our part of our obligations under these General Terms and Conditions, except in cases where such limitation is prohibited by applicable law.  

6. Your obligations

For the duration of use of the MANGOPAY Services, you undertake to comply with the following conditions: 

• Your use of the MANGOPAY Services does not breach (i) public policy, (ii) common decency, or (iii) applicable legislative and regulatory provisions and (iv) does not infringe on rights of third parties;

• Your use of the MANGOPAY Services is exclusively to perform the Transactions specified in the Platform Framework Agreement;

• You undertake not to use the MANGOPAY Services for businesses that are prohibited. The list of prohibited businesses can be found on our website (https://www.mangopay.com/prohibited-businesses); 

• You undertake not to impersonate another person or entity, falsify or conceal their identity, sage or create a false identity;

 

In the event of a breach of these obligations, we may take a number of measures aimed at protecting MANGOPAY at any time and at our sole discretion. We may, for example, take the following measures without giving prior notice: 

• Terminate these General Terms and Conditions;

• Restrict your MANGOPAY Account and/or suspend the MANGOPAY Services;

• Block your MANGOPAY Account;

• Refuse to provide the MANGOPAY Services to you in the future, including via other Platforms;

• Suspend your money to the extent necessary and for as long as reasonably required;

• Refuse any Transaction at any time; where applicable, we shall notify you of the refusal and the reasons as provided for by law.

We are entitled to take any legal action in our own right to claim compensation for any loss we may suffer as a result of your failure to comply with our obligations under these General Terms and Conditions. If you observe a breach of the aforementioned obligations, please notify us by sending an email to compliance@mangopay.com.

7. Protection of your Personal Data

As part of providing the MANGOPAY Services, we collect and process your personal data ("Data"). MANGOPAY and its Partners act as joint controllers for the processing of your Data. In accordance with EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), only the Data that are strictly necessary for specific purposes are processed. 

By signing these General Terms and Conditions, (i) you declare that you are aware of our privacy policy, which is available on MANGOPAY's commercial website at the following address: https://www.mangopay.com/privacy-statement; (ii) you undertake to read our privacy policy regularly, as you are aware that it may be amended based on changes in our processing or applicable legislation, the latest version, which is on MANGOPAY's commercial website, being valid; (iii) if you are acting as the legal representative of a legal entity or an organization and you send us personal data of a third party, you undertake to send our privacy policy (https://www.mangopay.com/privacy-statement) to this/these third party/parties.

8. General Provisions
   
   8.1 Intellectual property

We hold all intellectual property titles and rights in connection with the MANGOPAY Services which we provide. None of these rights are transferred to you under these General Terms and Conditions. 

You undertake not to infringe the titles and rights held by MANGOPAY, such as the 'MANGOPAY' brand and logo. You also undertake not to delete or modify any statement of the 'MANGOPAY' brand or any other intellectual property right or property that appears on any element provided or made available by MANGOPAY.

8.2 Force majeure

We shall not be held liable or be deemed to have defaulted under these General Terms and Conditions, in the event of the non-performance of the MANGOPAY Services when the cause is associated with force majeure as defined by applicable law. 

8.3 Independence of contract provisions

If one of the provisions of these General Terms and Conditions is held invalid or inapplicable, it shall be deemed not to have been written and shall not entail the invalidity of the other provisions. If one or more of the provisions herein become null and void or are declared as such in accordance with a law or a regulation or following a final decision issued by a court with jurisdiction, the other provisions shall retain their binding force and scope. 

8.4 Assignment

You may not transfer or assign your rights and obligations under these General Terms and Conditions to third parties.

8.5 Evidence

You acknowledge that all information regarding your use of the MANGOPAY Services held in our IT system in an unalterable, reliable and secure manner is prima facie evidence.  

8.6 Non-waiver

The fact that you do not avail yourself or we do not avail ourselves, at a given time, of a provision in these General Terms and Conditions, does not constitute a waiver of a right and does not subsequently prevent the exercising of this right or of another right.  

8.7 Complaints and mediation

For any questions about the use of the MANGOPAY Services, please contact the Platform's Customer Service Department. If you have a complaint regarding the MANGOPAY Services or your MANGOPAY Account, you can contact our Claims Department at the following email address: complaint@mangopay.com

A response shall be sent to you as soon as possible, and no later than fifteen (15) working days following receipt of the complaint by MANGOPAY. However, for reasons beyond its control, MANGOPAY may not be able to respond within fifteen (15) days. 

In this case, we shall send you a response outlining the reasons for the additional delay and the date on which a definitive response shall be sent. In any case, you shall receive a definitive response no later than thirty-five (35) working days following receipt of the complaint.  

It must be noted that the CSSF [Luxembourg's financial sector regulator] has the jurisdiction to settle any disputes relating to the execution of these General Terms and Conditions on an extrajudicial dispute resolution basis. For more information about the CSSF and the terms of such redress, you can visit CSSF's website (https://www.cssf.lu/en/customer-complaints). However, please note that the matter may not be referred to the CSSF if the request is manifestly unfounded or unreasonable, if the dispute has been previously examined or is being examined by another Ombudsman or by a court, if the request to the Ombudsman is made more than one year after your written complaint to us, or if the dispute does not fall within the Ombudsman's jurisdiction. If you are a consumer, you can also submit your dispute on the European Commission's Online Dispute Resolution platform, which can be accessed at the following address: https://webgate.ec.europa.eu/odr/. Recourse to mediation is an alternative mechanism that does not constitute a pre-condition for making a civil claim.

8.8 Language

Except for public policy regulations (which shall only apply within the strict limits of their purpose), these General Terms and Conditions are made in French only and you agree to communicate with us in French. Any translation of these General Terms and Conditions is provided for your convenience and does not seek to modify the terms of these General Terms and Conditions. 

8.9 Applicable law and jurisdiction

These General Terms and Conditions are subject to Luxembourg law, except where public policy laws (such as local consumer law) are intended to be applied to the relationship that binds us. 

In the event of a dispute between us, you agree that the courts of Luxembourg shall have exclusive jurisdiction. However, if you are a consumer, you can either bring proceedings in the court of the place where you are domiciled or in the court of the place where MANGOPAY has its registered office, in accordance with Regulation (EU) No 1215/2012 of 12 December 2012.