General terms and conditions of use of the Leetchi Website (T&C's)

APPLICABLE FROM OCTOBER 20, 2024

Please read these General Terms and Conditions of Use of the Website carefully. As a User, you undertake to comply with all the provisions contained herein. Access to the Services offered implies full and complete acceptance of these General Terms and Conditions of Use. If you do not agree with these General Terms and Conditions of Use and do not intend to comply with them, you will not be able to finalise your registration and consequently will not be able to use the Services offered by Leetchi on the Website. 

If English is not your language, please access the French version of the Website.

PREAMBLE

Welcome to Leetchi, the original creator of the online money pot in France. We are a secure platform that allows people to raise money together for a specific cause. We would like to help you as best we can to make your generosity shine.

LEETCHI (France), a simplified joint stock company under French law, with a share capital of EUR 4,704,489.20, having its registered office at 4 rue de la Tour des Dames, 75009 Paris, France, registered with the Paris Trade and Companies Register (RCS) under number 907 495 204, and registered with ORIAS under number 23005755 as a crowdfunding intermediary ("Leetchi"), publishes the website under the Leetchi brand, accessible from the address www.leetchi.com (the "Website").

1. DEFINITIONS

2. PURPOSE

The purpose of the Website is:

• to provide a crowdfunding intermediary service, which includes in particular the Services of creation and management of Contributions, Payouts and Money Pots, with the aim of funding one or more Projects; 

• to promote mutual aid and charity; 

• to enable Contributors to support Projects that are important to them.

Leetchi acts as an intermediary between Users who wish to create or contribute to charitable or private Money Pots, while offering a secure online service under the conditions set out herein. 

Leetchi simplifies the collection, management and processing of card payments that may be made to natural or legal persons thanks to technical solutions and via the payment provider, MANGOPAY. All payments made by bank card on the Website are secured, in some cases, using the 3-D Secure standard used by French banks to increase the level of security of transactions and to ensure that the person using the card during payment is the owner of the card.

The purpose of these General Terms and Conditions of Use is to define the terms and conditions for making the Services available to Users. They contain all the information you need to understand how our Website works. To offer you the best quality service, our Customer Service Department is on hand daily to provide information, guidance and support so that you can make optimal use of our Services. You can contact our Customer Service Department at serviceclient@leetchi.com.

3. ACCEPTANCE AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF USE

The User may use the Website and its Services subject to prior acceptance of these General Terms and Conditions of Use.

Acceptance of these General Terms and Conditions of Use is formalised by the User ticking the box 'I have read and accept Leetchi's GTCU' when registering on the Website, after having read the entirety of these terms and conditions. This ticked box constitutes proof that the User has taken cognisance of said provisions and is deemed to have accepted these terms and conditions of use. 

These General Terms and Conditions of Use are enforceable against the User as soon as they accept them when registering on the Website, and for as long as they are registered on the Website. The User may, at any time, discontinue use of the Website and the associated Services but will remain liable for any previous use.

The User is invited to download the General Terms and Conditions of Use in PDF format and keep them.

These General Terms and Conditions of Use are accessible at any time on the Website. Only the General Terms and Conditions of Use as accepted by the User will be binding between the parties, particularly in the event of a dispute.

The automated messages that the Website may send to a User constitute information that may not, under any circumstances, generate rights for the User and/or be used by the said User to establish or prove rights against Leetchi. 

4. TERMS AND CONDITIONS FOR REGISTERING AS A USER ON THE WEBSITE AND CREATING A PROFILE 

4.1. Requirements and conditions for registration 

To use Leetchi's Services, the User must:

• Be a natural person

• Be 18 years of age or older and have the capacity to enter into a contract.

• Reside in a Member State of the European Union, a country within the European Economic Area or a country in the SEPA zone.

• If they represent a legal entity, they must certify that they hold all the rights necessary to sign this contract on behalf of the legal entity they represent. In the case of an association, the User must also certify that it is a declared association, including an association registered in the national register of associations or in an equivalent foreign register. 

• Fill in the registration form with accurate information; this information may need to be updated.

4.2. Procedure for registering on the Website

The Visitor is not required to register to have access to all Content on the Website. Nevertheless, to use the Services that require registration, in particular to create a Money Pot, Visitors must register on the Website.

To register, Visitors must enter their first name and last name, date of birth, nationality, country of residence and telephone number and accept these Terms and Conditions of Use as well as those of MANGOPAY, then enter their e-mail address and choose a password. Registration is then confirmed by e-mail. 

The User acknowledges that their password is personal and strictly confidential. The User may change it online by logging into their Profile. If you lose your password, you can generate a new one by clicking on 'forgotten password' on the Website.

In the event of disclosure of the password to a third party or negligence on the part of the User in keeping the password, the User remains solely responsible for all the consequences of its possible use. It is assumed that any access to the Website with the User's Login Details may be understood as identifying the User. If they are aware of any fraudulent access to their Profile, they are invited to immediately report this using the contact form.

Registration is exclusively personal and cannot be performed on behalf of a third party.

4.3. Profile Management 

Registration on the Website entails the creation of a Profile.

In order to make full use of the Services, the User must complete their Profile by entering their full address and country of residence and, if they are an Organiser, upload their identity document (passport, identity card, residence permit, driving licence less than 15 years old), which will be verified in order to obtain a verified Profile. 

They must also verify their e-mail address via a confirmation e-mail, and their phone number via an SMS code. The User must click on the activation link received by e-mail to obtain a verified Profile and thus be able to spend the Money Pot.

The User may at any time ask to close their Profile by contacting our Customer Service Department. 

5. CREATING AND USING A MONEY POT

5.1. Creation of a Money Pot by the Organiser

For each request to create a Money Pot, the Organiser must provide details of their Project, indicating:

• The choice of use, i.e., 'Celebration and sharing' or 'Charity and mutual aid';

• The name of the Money Pot;

• The exact identity of the Beneficiary in the case of a Charitable Money Pot;

• A description of the Project to be funded;

• The amount to be collected;

• The deadline in which to contribute to the Money Pot.

The Organiser can also upload an image to illustrate their Money Pot. 

All of the above elements must be completed carefully, in strict compliance with these General Terms and Conditions of Use and with the laws and regulations applicable in France, and will determine the purpose of the mandate given to the Organiser by the Contributors. The content of these fields and their observance are the sole responsibility of the Organiser. Any inaccurate or misleading information may incur the liability of the Organiser towards Leetchi, the Contributors and the Beneficiary. 

Leetchi will in no way be held liable for failure to comply with the mandate entrusted by the Contributors to the Organiser.

A Money Pot is only valid if it has been the subject of several Contributions from multiple Contributors; if there is only one single Contributor at the time of the Payout, the Money Pot will be cancelled.

Leetchi may not be held liable for any errors regarding the identity of the Organiser and/or the Beneficiary and/or the Contributors, their statuses, and/or any information concerning them that is unrelated to the existing relationship between the Contributors, the Beneficiary, and the Organiser.

5.2. Administration and management of the Money Pot

A number of options are available to the Organiser, who may decide to:

• Make the Contributions anonymous;

• Hide the amount collected and the amount of Contributions;

• Post an update;

• View messages;

• Respond to messages;

• Set a deadline for contributing to the Money Pot.

The Organiser may also decide to make the Money Pot public, in which case the information relating to the Money Pot will be visible to all Users and Visitors to the Website and indexed on Internet search engines.

Once the Money Pot is created, they will be able to invite new Contributors by sharing the Money Pot link. 

Certain information relating to the Money Pot may be changed, including the title, description and collection end date, provided that this does not contravene these General Terms and Conditions of Use or the applicable laws and regulations. The amount to be collected may also be changed, within the limits of certain charitable Money Pots subject to verification and for which additional documents have been requested by Leetchi.

The Organiser may also close the Money Pot early or request that the Money Pot be cancelled by contacting the Customer Service Department using the contact form. In the event the Money Pot is cancelled by the Organiser or Leetchi under the conditions set out in Article 7.3 of these General Terms and Conditions of Use, the fee and charges of MANGOPAY provided for under Article 5.3 will remain payable by the Organiser irrespectively of the cancellation of the Money Pot.

5.3. PSP operation and associated fees

For security reasons, the law does not allow Leetchi to receive Money Pot contributions directly into its bank account. 

By creating a Money Pot, the Organiser opens an Account with MANGOPAY. The User must first accept the General Terms and Conditions of Use of MANGOPAY. This acceptance is formalised by ticking a box when registering on the Website. The General Terms and Conditions of Use of MANGOPAY are also accessible from the Leetchi Website.

MANGOPAY receives a fee to cover the costs of using the MANGOPAY services, including management of the Account and the Contributions. MANGOPAY collects the above fees directly from the Organiser's account at the time of the Payout. These fees are a percentage indicated in the pricing terms on the 'Rates' page of the Leetchi Website. 

MANGOPAY will not charge for the running of the Account for the first ten (10) months from creation of a Money Pot. In the absence of any request for transfer of the full amount collected in a Money Pot to the Beneficiary's external account on the 1st day of the 11th month from creation of the Money Pot, MANGOPAY will apply the administration fees set out in the pricing terms on the 'Fees' page of the Leetchi Website.

Ten (10) months after creation of the Money Pot, i.e., one (1) month before application of these Account administration fees, the Organiser will be notified by e-mail that it has one month in which to spend its entire Money Pot and to close the Money Pot without being charged these administration fees.

The pricing terms may be modified in accordance with the General Terms and Conditions of Use of MANGOPAY after giving two (2) months' notice.  

MANGOPAY has mandated Leetchi as an agent providing payment services in accordance with the provisions of Article L.523-1 et seq. of the Monetary and Financial Code.

6. CONTRIBUTING TO A MONEY POT

6.1. General principles

By visiting the Website, the Contributor may access one of the Money Pots posted on the Website or may access a private Money Pot to which a link was previously sent to them by the Organiser. 

By clicking on "Contribute", the Contributor can either contribute directly to a Money Pot, or log in with their Login Details or create a Profile in accordance with the terms and conditions set out in Article 4 herein.

Once the Contribution has been accepted by MANGOPAY, the Organiser is notified by e-mail and on the Money Pot page of the Website and may thank the Contributors:

• by sending a reply to a message left by a Contributor via the Money Pot page;

• by posting an update on the Money Pot; or

• by e-mail when the Money Pot is paid out.

The Organiser may post a message or edit and/or delete their message following a Contribution.

6.2. How to contribute to a Money Pot 

Once the Contribution amount has been chosen, the Contributor must use their bank card and fill in the following information: card number, expiry date and security code.  

If at the time of payment the card is refused, the Website immediately generates an alert message informing the Contributor that the payment order has not been authorised. Depending on the reason, the Contributor may try again or contact Leetchi's Customer Service Department. 

Contributions cannot be made in cash or by cheque or bank transfer. 

Any payment made by card may be contested by the Contributor directly with their bank, particularly in the event of loss or theft of the card. Leetchi is under no obligation to reimburse a Contributor in case of loss or theft of a bank card used to contribute to a Money Pot.

By paying a Contribution, the Contributor gives the Organiser a mandate to use all or part of the amount of their Contribution to fund the Project that the Organiser has specified within the Money Pot. This mandate cannot be changed by the Organiser after the Money Pot has been opened.

The progress of Contributions can be viewed on the Website. 

Each Contributor is notified by e-mail of the Money Pot Payout.

6.3. Refunds 

In order to claim a refund of a Contribution, the funds available in the Money Pot must not have been used in whole or in part by the Organiser. 

Refund claims must be made within fourteen (14) days of the Contribution. After this time, Contributions will be non-refundable except in the event of fraud, loss or theft of a bank card.

The Contributor's refund will be at the sole discretion of the Organiser. If the Organiser accepts a refund claim made by a Contributor, the refund will generate an instruction to credit the same method of payment used for the Contribution. The refund will be effective after deduction of the MANGOPAY fees provided for in Article 5.3 payable by the Organiser. 

In the case of cancellation of a Money Pot at the Organiser's request, MANGOPAY's fees provided for in Article 5.3, payable by the Organiser, will be deducted from each Contribution to be refunded, under the pricing terms on the 'Fees' page of the Leetchi Website.

The refund will be issued using the same payment method the Contribution was made with, within five (10) working days of the claim. 

7. MODIFICATION, SUSPENSION, AND CANCELLATION OF THE MONEY POT

7.1. Modification of the Purpose and/or the Project 

In the event of a Purpose and/or Project that contravenes the provisions of these General Terms and Conditions of Use, and in particular Article 12.1 hereof or for reasons relating to Leetchi's status and the obligations applicable to it, Leetchi reserves the right to propose a new Purpose/Project or a modification of the Purpose/Project to the Organiser provided that no contribution has been recorded.

If the Organiser fails to respond within five (5) days of Leetchi sending notification of the modification of the Purpose/Project, Leetchi may cancel the Money Pot under the conditions set out below.

Cancellation of the Money Pot under the above conditions will result in a cancellation fee being charged. This cancellation fee is a percentage indicated in the pricing terms on the 'Fees' page of the Leetchi Website.

7.2. Suspension

The Money Pot may be suspended at any time, either in the event of a breach of these General Terms and Conditions of Use or in the event of a risk of fraud or a breach of the applicable laws and regulations on combatting money laundering and the financing of terrorism or any other applicable legislation.

The Money Pot will be suspended until Leetchi has received supporting documents assuring it of the legality of the Money Pot, which may include, but is not limited to:

• For natural persons: any document proving the identity of the Organiser and/or, if applicable, the Beneficiary of the Money Pot or any other document which Leetchi deems helpful for lifting the suspension;

• For legal persons: up-to-date articles of association, proof of identity of legal representatives, extract from business registration details [KBIS], receipt of declaration at the prefecture for associations, SIREN notice, bank details [RIB], list of current beneficiaries, extract from the minutes of the appointment of legal representatives or any other document which Leetchi deems helpful for lifting the suspension. 

7.3. Cancellation

The Money Pot may be cancelled at the request of Leetchi or the Organiser in the following cases:

• Prior to any Payout, the Organiser may notify Leetchi of the cancellation of the Money Pot. A notification sent by e-mail to the Customer Service Department will suffice. However, such cancellation will not result in the automatic deletion of the Organiser's Profile. 

• In the event of the death of the Organiser or the Beneficiary, when the Money Pot has not been spent.

• In the event of the Beneficiary's refusal to be allocated the funds collected in the Money Pot.

• The Money Pot may be cancelled at Leetchi's initiative if it contravenes the General Terms and Conditions of Use, if it falls within the scope of an activity prohibited under Article 12.1, if it is in breach of the applicable legislation and regulations, in particular concerning anti-money laundering and combatting the financing of terrorism, or if it is the subject of fraud.

In the case of cancellation of the unspent or partially spent Money Pot under the conditions provided for in sections 1 and 4 of this Article, each Contribution will be refunded, minus the MANGOPAY fees provided for in Article 5.3, which are payable by the Organiser, in accordance with the pricing terms on the 'Fees' page of the Leetchi Website.

8. USE OF THE MONEY POT

8.1. General principles

As the Organiser, you are solely responsible for the proper use of the funds collected, i.e., the use of the Money Pot in accordance with the Purpose thereof and accordingly, with the mandate given by each Contributor. 

Contributions paid into the Account may be: 

1. paid directly to the designated Beneficiary, to fund the Project defined when the Money Pot was created.

2. collected by the Organiser in order to achieve the Purpose of the Money Pot.

3. used on a network of partner sites, by acquiring specific credit on the Gift.cool application. The terms of use of this service can be found at the following link: Gift.cool (URL: https://leetchi.elevio.help/fr/articles/634)

If credit is generated on the Gift.cool application, the transaction is irreversible and any claim or complaint of any kind must be sent to Gift.cool and may not be handled by Leetchi.

In the event of use of funds collected for the generation of Gift.cool credit, Leetchi's liability may not be engaged in the case of any dispute, challenger or claim associated with the use, validity or issuance of this credit. Leetchi cannot be held liable for any direct or indirect loss resulting from use of Gift.cool credit or from non-delivery of the corresponding goods or services.

In all cases, sums paid into the Money Pot will only be used after Leetchi has been able to verify the identity of the Organiser and/or the Beneficiary through the submission of additional documents. Such sums will only be paid to bank accounts in the name of the Organiser and/or the Beneficiary, respectively. 

8.2. Payout

To withdraw all or part of their Money Pot, the Organiser must fill in the Payout request form for their Money Pot, accessible from their Profile. However, a Moneypot can only be used for an Payout if it has a minimum of two contributions.

The transfer must be requested into a bank account in the name of the Beneficiary or the Organiser, respectively, at a bank whose registered office is located in the European Economic Area or in a country in the SEPA zone.

The Organiser must indicate the amount in currency (which may not be greater than the available balance of the Money Pot Account) and provide the IBAN for their bank account or the bank account in the name of the Beneficiary. 

Leetch cannot be held responsible for any errors in the IBAN provided for the account into which the Money Pot funds are to be paid.

The Organiser undertakes to provide the following information and/or documents relating to the Beneficiary with its Payout request: 

• Identity document (see Article 7.2 above);

• Address;

• All supporting documents required by Leetchi in the context of additional verifications related to anti-money laundering and combatting the financing of terrorism including, but not limited to: invoices, estimates, contracts, documents presenting the Project, decisions, reports.   

The Organiser undertakes to cooperate fully with Leetchi in connection with any request for evidence that Leetchi deems necessary to verify that the Money Pot complies with these General Terms and Conditions of Use. Leetchi's requests may include, but are not limited to, asking the Organiser to: (i) provide an explanation regarding the procedures for managing funds collected; (ii) provide documentary evidence of the circumstances described in the Money Pot; (iii) share the identity of the Beneficiary, benefiting from or involved in management of all or part of the funds; (iv) provide evidence of the terms of use of the funds; or (v) provide proof of the consent of the Beneficiary concerned to the fund payment plan in line with the description of the Money Pot. 

Leetchi reserves the right to refuse, render conditional, suspend or prohibit any Service if it considers, solely at its own discretion, that it infringes these General Terms and Conditions of Use or harm the interests of Users, the public or Leetchi, or that they expose Leetchi or other persons to risks that Leetchi deems unacceptable.

The Organiser acknowledges that it has obtained the consent of the data subjects to communicate their Personal Data to Leetchi. For more information, please see our Privacy Policy.

After filling in this information, when the Organiser clicks on the form confirmation tab, the payout request becomes irrevocable. The Payout and the use of the corresponding funds will be made under the exclusive liability of the Organiser, which must comply with the instructions provided by the Contributors.

The request for a Payout in the SEPA zone will be processed as soon as possible and, at the latest, within forty-eight (48) working hours of receipt of the request. In the context of securing Contributions on the Website, these deadlines may be extended in the event of additional verification or requests for additional documents from Leetchi in order to meet its obligations, and in particular as to the use of the funds in relation to the Purpose declared at the time of creation of the Money Pot before authorising the Payout. 

Leetchi may decide, with the agreement of the Organiser, that the funds will be paid to an independent third party in order to guarantee the Spending of the funds collected in accordance with the Purpose of the Money Pot. In the event of refusal by the Organiser, Leetchi reserves the right to refer the matter to the competent court, including in summary proceedings, and to suspend the Money Pot until the court decision is made. 

Leetchi cannot be held liable, in particular towards the Users, for any failures or faults committed by the Organiser in the context of this mandate, and in particular for any misappropriation of the Purpose of the Money Pot. 

Once the Payout request has been approved, for the sake of transparency, Leetchi will notify the Organiser and each of the Contributors of the Payout request by e-mail.

Having proceeded with the Payout of the entirety of the funds in their Money Pot or if the Money Pot has a nil balance, the Organiser has the option of closing their Money Pot. If the Organiser omits to close their Money Pot, Leetchi reserves the right to close the Organiser's Money Pot.

9. RIGHT OF WITHDRAWAL

The User has a period of fourteen (14) days to exercise their right of withdrawal, without having to provide any reason or bear any penalty. This withdrawal period will commence on the date of the User's registration on the Leetchi Website.

To exercise their right of withdrawal, the User will issue notice of their withdrawal request,  in an unambiguous manner and within the specified period, to Leetchi's Customer Service Department, i.e.:

• by e-mail: serviceclient@leetchi.com;

• by post: Service client [Customer Service Department], Leetchi SA, 4 rue de la Tour des Dames, 75009 Paris, France;

• using the withdrawal form attached hereto.

In accordance with the provisions of Article L.222-13 of the Consumer Code, the User agrees that before expiry of this period, their Contribution will be credited immediately to the Money Pot Account and that the Money Pot will be used.

Any User who wishes to exercise their right of withdrawal and who has already paid a Contribution must first claim the refund of their Contribution under the conditions defined in Article 6.3 of these General Terms and Conditions of Use. 

An Organiser who wishes to exercise their right of withdrawal must first cancel the Money Pot they have created. The Organiser's withdrawal request may not be successful if the Money Pot was spent before the end of the withdrawal period. In this case, they agree to waive the right of withdrawal. 

The Contributor acknowledges that they may not exercise their right of withdrawal if the Money Pot was spent before the end of the aforementioned withdrawal period or if, at the time of their Contribution, there are less than fourteen (14) days left in which to contribute to the Money Pot, with execution of the Money Pot being considered as taking effect on the closing date thereof, as indicated by the Organiser.

10. DEATH 

10.1. Death of the Beneficiary

If Leetchi is notified of the death of the Beneficiary before the Money Pot is spent, the Money Pot will be cancelled and the Contributors will be refunded. 

However, if the death of the Beneficiary occurs after the Money Pot has been partially spent, the Money Pot will be kept for the time necessary to settle the estate.

10.2. Death of the Organiser

If Leetchi is notified of the death of the Organiser, the Money Pot will be cancelled and the Contributors will be reimbursed.

However, if the death of the Beneficiary occurs after the Money Pot has been partially spent, the Money Pot will be kept for the time necessary to settle the estate.

11. RULES ON COMBATTING FRAUD, MONEY LAUNDERING AND THE FINANCING OF TERRORISM

As a Crowdfunding Intermediary, Leetchi is required to ensure that the Contributions are not used to finance terrorism or to launder money. To this end, Leetchi may request additional information and documents relating, for example, to the identity of the Organiser, the Project and/or the identity of the Beneficiary.

These documents must be drawn up in French. By way of exception, Leetchi may accept documents in English, provided they are translated by a certified translator at the Court of Appeal.

MANGOPAY is subject to the same rules under French and Luxembourg law and is required to inquire with the User with respect to any transaction or business relationship, such as the origin, purpose and destination of the funds received. Furthermore, it must take all necessary steps and/or obtain all useful documents to identify the Organiser and, where applicable, the Beneficiary. 

The Organiser agrees to allow Leetchi to conduct a thorough investigation of any Payment Transaction and to provide any document or information required to ensure that the use of the funds complies with the Purpose of the Money Pot.

If the Money Pot is likely to violate or does violate the regulations applicable to combatting fraud, money laundering and the financing of terrorism, Leetchi or MANGOPAY may refund the Contributions or suspend or terminate the use of or access to the Money Pot, a Username or a Payout.

The User is informed that a verification process conducted in the context of combatting fraud, money laundering and the financing of terrorism may be subject to exercise of the right of disclosure by the national financial intelligence unit. 

The User may, in accordance with the regulations applicable to the protection of personal data, access all information that they have provided, provided that this right of access does not jeopardise the purpose of combatting money laundering and the financing of terrorism.

12. CONTENTS

12.1. Prohibited Activities and Contents

Leetchi is at the service of its Users; in order to keep this service available to all for the long term, promotion and calls for donations are not permitted for certain activities. The Purposes and/or Projects associated with Money Pots, as well as any Content published by Users on the Website, must not, in particular:

1. Breach Public Order, accepted principles of morality or laws and regulations;

2. Be abusive or defamatory, sexist or revisionist; 

3. Be threatening to a person or group of people or incite harassment; 

4. Cause harm to a human being, their dignity or their integrity, whatever their sex, affiliation, age, origin or beliefs; 

5. Justify crimes against humanity;

6. Provoke the perpetration of acts of terrorism or the justification thereof;

7. Incite crimes, suicide, discrimination, racial hatred, hatred against persons on the grounds of their sex, sexual orientation, or gender identity, or disability, or child pornography;

8. Incite violence, including incitement to sexual and gender-based violence, as well as crimes against human dignity;

9. Financing ransom demands, trafficking or exploitation of human beings, corruption or personal gratification; or providing direct or indirect material or financial support (including for logistical, administrative or humanitarian purposes) to state armies, self-defence groups, militias or armed groups;

10. Be linked to equipment or a weapon designed to be used in conflict, sport or by an armed group, explosives, ammunition, firearms, knives or other weapons or accessories;

11. Be linked to narcotics, steroids, illegal drugs, tobacco, the sale or production of CBD, controlled substances or any other product that would present a risk to consumer safety;

12. Infringe or violate any copyright, trademark, intellectual property, image rights or privacy or other proprietary right under the laws of any jurisdiction in any State; 

13. Disclose personal information other than the Personal Data strictly necessary for the purposes hereof or disclose any information of a confidential nature (including the know-how of third parties);

14. Be erotic, sexual, pornographic in nature or offer or incite prostitution services and escort activities;

15. Offer any kind of direct compensation for participating in the Moneypot;

16. Be linked to online gambling and betting or other activities that facilitate gambling, games of skill and chance and raffle games:

17. Support pyramid schemes, cryptocurrencies, cryptoassets, non-fungible tokens, Ponzi schemes, matrix schemes or other 'get rich quick' schemes, or related to cryptocurrencies, connected with or part of the metaverse or any prohibited or unregulated financial activities;

18. Fund the payment of fines, costs or damages awarded in the context of a court or administrative order. Money Pots organised for the purpose of contributing to legal defence costs are only authorised for the payment of lawyer's fees and are subject to the production of supporting documents when requesting a Payout;

19. Fund disinformation websites or any Project aimed at promoting the development of such websites;

20. Fund electoral campaigns.

21. Be subject to changes in their purpose and objective after the initial contributions have been recorded, due to the mandate given by the Participants in the Moneypot;

22. Any other activity that Leetchi may consider, solely at its own discretion, as: (a) being unacceptable or reprehensible; (b) exposing Leetchi, its employees or Users to loss or liability of any kind whatsoever.

12.2. Posting Content online

Any User may post Content relating to a Money Pot. Leetchi does not offer any compensation for posted Content. The latter will form the subject of Users' spontaneous creation. 

The User must hold the necessary rights and/or authorisations, in particular intellectual property rights or image rights with respect to the Content that they post.

Leetchi does not intervene in any way in the Content posted by the User; the Content is not subject to any prior automatic check. The Content is posted immediately on the Leetchi website. 

The User understands and acknowledges that:

• Leetchi is not responsible for and does not endorse such Content, including advertisements and information on third-party products and services, where applicable; 

• Leetchi does not provide any guarantee as to the accuracy, truthfulness, relevance, reliability or quality of the information in such Content; and 

• Leetchi assumes no responsibility for Content that is not intended for this purpose, that is unacceptable, inaccurate, misleading or illegal, and that is made available by Users, advertisers and third parties.

In order to combat the dissemination of such Content, Leetchi provides Users with a mechanism enabling them to report such Content.

12.3. Reporting unlawful Content

Leetchi allows any Visitor/User to report unlawful Content posted on the Website. Therefore, any User who has doubts as to the authenticity or legality of certain Content may report it to Leetchi, provided that they give reasons for such report.

This notification can be issued by any User who identifies inappropriate or unlawful Content. The notification is issued under the sole responsibility of the User.

Once the contentious Content has been duly reported to Leetchi, Leetchi will remove it as soon as it is found to be manifestly unlawful and, if necessary, will promptly inform the relevant public authorities.

The User expressly acknowledges that Leetchi will be entitled to suspend or delete, without notice or compensation:

• any element, in whatever form, which would present a risk of infringement of any provision of these General Terms and Conditions of Use, the laws and regulations in force and/or the rights of a third party, of whatever nature;

• any unlawful Content, including, but not limited to, discriminatory, racist, defamatory, offensive, obscene, hateful or violent content;

• any Content that has formed the subject of a report by a third party via the procedure for reporting unlawful or wrongful Content;

• any Content for which Leetchi has been notified of a court application;

• any Content that would damage its image or reputation;

• any Content whose purpose is to engage in commercial prospecting, other than that carried out by Leetchi.

In any of these cases, Leetchi may immediately suspend access to the Profile of the User concerned. 

Leetchi will not be liable for any loss caused by the deletion of Content for any of the reasons mentioned in the previous paragraph.

12.4. Deletion of Content

Where technically possible, the User may delete Content that they have posted online on the Leetchi website at any time. 

Leetchi undertakes not to retain the deleted Content beyond the time required for the technical removal of the Content as well as any legal retention period for such Content. 

Leetchi cannot be held liable for Content shared by the User, which, despite being deleted, has been copied and stored by another User.

13. DURATION OF THE RELATIONSHIP - TERMINATION

13.1. Duration

These General Terms and Conditions of Use apply to the entire duration of use of the Website and until the Profile is deleted for any reason.

13.2. Deletion of the Profile

The Organiser may request the cancellation of the Money Pot at any time, under the conditions set out in Article 7.3 and, where applicable, may request the deletion of their Profile. To do so, they must send their request by e-mail to Leetchi's Customer Service Department. The deletion of the Profile will result in deletion of the Login Details. Any other User may request the deletion of their Profile under the same conditions. 

In the event of non-performance or non-compliance by the User with respect to one of the obligations and provisions set out herein, Leetchi may modify, suspend, limit or remove access to the Website within two (2) weeks of a formal notice sent to the User, provided that such notice has remained unsuccessful, in which case the User may not claim any compensation whatsoever, without prejudice to the damages that the Company may be entitled to claim in order to remedy the harm suffered.

In the event of a serious violation of one of the provisions of these General Terms and Conditions of Use, Leetchi will be entitled to delete the User's Profile without prior notice or formal notice, without any compensation and without prejudice to any damages that the Company may be entitled to claim in order to remedy the harm suffered.

If necessary, any Money Pots created by the Organiser which are in the process of being collected may then be halted, in which case the Contributions relating thereto will be reimbursed to the Contributors concerned after deduction of the various fees due and rendered immediately payable by such termination.

14. AMENDMENT OF THESE GTCU

Any amendments to these General Terms Conditions of Use and/or of the Services will be subject to notification of the User by e-mail thirty (30) days before such amendments come into force and will also be made available on the Website. If the User intends not to accept such amendments, they must delete their Profile within this period or contact the Customer Service Department by e-mail. Any access to the Website or creation of a Profile by the User after notification of amendments to the General Terms and Conditions of Use or after the amended General Terms and Conditions of Use are posted online, will constitute acceptance by the latter of the new General Terms and Conditions of Use. 

Any refusal will result, as applicable, in termination of the service and closure of the User's Profile by Leetchi before the proposed date of entry into force of the amendments.

Notwithstanding the above, Leetchi reserves the right to update these General Terms and Conditions of Use and to make changes to its Services at any time that it deems necessary and useful in order to account for any technical legislative, regulatory or security-related developments or when such changes are minor or have the effect of improving the quality of the services offered, in which case such amendments will take effect immediately. In this case, these amendments will come into force and be enforceable against the Users as soon as the notification sent by Leetchi is received.

The User may access earlier, archived general terms and conditions by sending an e-mail request to the Customer Service Department. 

15. OBLIGATIONS OF THE USER

The User guarantees the accuracy of the elements of their Profile and undertakes to inform Leetchi of any change to any such element while their Profile is active. The User declares that no element of their Profile on the Website infringes the rights of third parties or breaches the law, the provisions of these General Terms and Conditions of Use, public order or accepted principles of morality.

The User is prohibited from:

• Executing these General Terms and Conditions of Use in an unlawful manner or in a manner that could damage, disable, overburden or impair the Website or the Services;

• Using automated scripts to collect information from the Website and/or interacting with the Website;

• Distributing, posting or storing any Content on the Website that is illegal or contravenes the prohibitions set out in Article 12.1;

• Disseminating Personal Data relating to a third party, such as addresses, phone numbers, e-mail addresses, credit card numbers, etc., without their prior consent;

• Disrupting the proper functioning of this system, introducing viruses or any other software or technology harmful to the Website, to the Services offered on it or to Leetchi, and accessing or using the Website in a fraudulent manner. The same will apply to any interference with or impairment of the functioning of this system, and to the input, deletion or modification of the data contained therein. The User undertakes to consider that all data of which they become aware through such access to an unauthorised area constitute confidential data and therefore undertakes not to disclose them;

• Carrying out any operation aimed at overloading a page, bounce attacks or any operation that has the effect of hindering or distorting the functioning of the Website.

In the event of a breach of these obligations, Leetchi reserves the right to take all appropriate measures to put an end to the actions in question. It reserves the right to delete or remove any Content or information that it deems inappropriate. It will also be entitled to suspend and delete the User's Login Details and Profile, and to block access to the Website in accordance with the conditions set out in Article 13.2.

Without prejudice to legal action taken by third parties, Leetchi is entitled to take legal action in its own right seeking compensation of any loss it may have personally sustained as a result of violations and/or failures committed by any user under these General Terms and Conditions of Use.

If the User notices a violation of the above obligations by another User, they are requested to report such violation by contacting the Customer Service Department.

16. WEBSITE SECURITY AND AVAILABILITY

16.1. Website access and availability

Leetchi will implement the necessary means to ensure that the Services are accessible 24 hours a day, 7 days a week. Leetchi will also make its best efforts, in accordance with best industry practice, to ensure secure access to the Website, given the complexity of mobile networks and the Internet; however, it cannot guarantee the accessibility or absolute and permanent availability of the Website.  

Maintenance operations causing the unavailability of the Website's services will be carried out as quickly as possible, and Leetchi's Maintenance Department undertakes to optimise such operations in order to minimise the inconvenience they may cause.

Leetchi will undertake to take appropriate measures to limit these disruptions insofar as they are attributable thereto.

Leetchi does not guarantee the functioning of the Website on all browsers, all operating systems and irrespective of the software configurations and computer hardware used. In case of any discrepancies, please do not hesitate to contact the Customer Service Department.

Leetchi reserves the right, without prior notice or compensation, to suspend or temporarily or permanently close all or part of the Website or all or part of the access to the Services in order to carry out, in particular, updates or any other maintenance operation, notably for security purposes or if the User:

• compromises or attempts to compromise the quality of the Service or the safety of a third party;

• behaves in a way that affects the integrity of the Services or the computer systems of the Company or its service providers or subcontractors.

16.2. Modification of the Website

It is understood that the content of the Website is not fixed.

All information contained on the Website may also be modified at any time, accounting for the interactivity of the Website, without this engaging Leetchi's liability.

It is the User's responsibility to monitor any changes in the information technology and network resources at their disposal so that these resources may be adapted to any changes in the Website.

16.3. Use of the Website

Leetchi wishes to draw Users' attention to the fact that by using the Services and/or by posting Content on the Website, some actions carried out on the Website and some posted Content will be made public and accessible to all. Leetchi therefore calls on Organisers and Contributors to be careful about the consequences that such disclosure may have on their private lives and the private lives of third parties (for example, when describing a Project or when contributing to a Money Pot). For more information, you are invited to consult the Leetchi Privacy Policy. 

17. LIABILITY

Leetchi does not guarantee that the information presented on the Website is detailed, complete, verified or accurate. The materials, information, descriptions and generally all content on the Website are provided on an 'as is' basis, without any express or implied warranty of any kind. Leetchi may not be held liable for any inaccuracy of the Content.

Furthermore, Leetchi may not be held liable for Content published by a User that may infringe the rights of one or more other Users or third parties. Leetchi will not be held liable in the event of difficulties in accessing the Website or of malfunctions if these are not attributable to it or result from a case of force majeure. 

Leetchi has an obligation of means with respect to the provision of the Services. It is therefore not liable for any unavailability, suspension or interruption of the Website or Services that may occur in the context of maintenance operations, hardware or software upgrades or emergency repairs to the Website, or as a result of circumstances beyond its control (including but not limited to technical damage or failure of telecommunications connections and equipment).

Furthermore, Leetchi may not be held liable for indirect or unforeseeable damage within the meaning of Articles 1150 and 1151 of the Civil Code.

In accordance with Article 1992 of the Civil Code, Leetchi's liability may only be sought in the case of fraud or misconduct in its management of the Website. 

18. HYPERLINKS

Links created by Leetchi. Leetchi reserves the right to create hyperlinks giving access to web pages other than those on its Website. Leetchi declines all liability for the content of the information provided on these websites by virtue of the activation of such hyperlinks. 

Links created by the User. Leetchi accepts no liability for the content of the information on websites by virtue of activation of hyperlinks created by the User on the Website; these websites must not infringe the prohibitions set out in Article 12.1 above.

19. RETENTION OF LOGIN DATA

In accordance with the laws and regulations in force, Leetchi retains history data on Users' logins to the Website.

In order to respect the statutory obligations relating to the retention and communication of data allowing identification of any person who has contributed to the creation of Content posted online, Leetchi retains certain identification and traceability information concerning operations carried out on the Website, as well as a copy of some Content placed online by the User, even when such Content is deleted from the Profile by the User, for a period of one year as from the date of the event generating the retention obligation.

20. PROTECTION OF PERSONAL DATA

The processing of Personal Data implemented by Leetchi in the context of the use of the Website complies with amended Law no. 78-17 of 6 January 1978 and European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, as well as with all other applicable regulations respecting the protection of Personal Data and aimed at guaranteeing, in particular, the security and confidentiality of the Personal Data collected and processed, as well as access thereto. 

We will implement the necessary safeguards to ensure the security of Personal Data. You have the right of access, rectification, erasure, objection and portability in respect of your Personal Data which can be exercised by sending a message to: rgpd@leetchi.com, or by using the contact form. To find out more about the processing of Personal Data, please read the Leetchi Privacy Policy.

21. INTELLECTUAL PROPERTY RIGHTS

21.1. Property of Leetchi

The Website considered as a whole, as well as each of its components considered independently, in particular the programs, specific developments and content, including data, texts, still or animated images, brands, logos, sounds, graphics and files, constitute the exclusive property of Leetchi or of the third parties who have granted it a licence.

The content of the Website may not be modified, copied, distributed, reproduced, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of Leetchi. These General Terms and Conditions of Use will not imply any transfer of intellectual property rights of any kind on the components belonging to Leetchi. The User is authorised to use the Website and the content thereof under the conditions set out herein. Any use of the Website or its content other than that provided for herein will be strictly prohibited and may result in the termination of these General Terms and Conditions of Use at Leetchi's initiative. Any total or partial representation of the Website or of one of its components without the express authorisation of Leetchi is forbidden and would constitute an infringement likely to engage the civil and criminal liability of the infringing party, as sanctioned by Articles L.335-2 et seq. of the Intellectual Property Code.

All trademarks appearing on the Website are trademarks registered by Leetchi or by third parties. Any reproduction, imitation or use, whether total or partial, of these distinctive marks without express authorisation and in violation of the prohibitions set out in Articles L.713-2 et seq. of the Intellectual Property Code, will incur the liability of the perpetrator thereof.

When, in the context hereof, the User is the perpetrator of actions likely to infringe the rights of the aforementioned persons, Leetchi may then take all appropriate measures to put an end to such actions. Leetchi also reserves the right to suspend or delete the User's Profile on the Website or to block access thereto, in addition to deleting the Content.

21.2. Property of the User

For the proper functioning of the Website, the User grants Leetchi a non-exclusive, free, transferable licence for the Content that they place online, including the option of granting sub-licences.

In connection with operating the Website, this licence entitles Leetchi:

• to reproduce or to have reproduced all or part of the Content on any medium known or unknown to date;

• to adapt, modify, develop or create new versions of the Content, to maintain, update and enrich it, to associate it in whole or in part with any text or legend, to translate it into any language, to incorporate it in whole or in part into any existing or future work or to create derivative works from it, on any medium known or unknown to date;

• to represent, disseminate or to have disseminated the Content by all electronic, digital, information technology and telecommunications medium and/or media, to any audience and via any telecommunications network.

The User accepts that Leetchi may reformat or modify the size, definition and coding of the Content it posts in order to display it more efficiently, without changing the meaning of the Content.

The rights listed in this Article are granted to Leetchi for the entire legal duration of the protection of intellectual property rights as recognised by present or future laws and for the entire world, provided that the Content has not been deleted by the User or by Leetchi.

22. PROFESSIONAL SECRECY

Leetchi is required to maintain professional secrecy. However, this secrecy may be lifted by virtue of a statutory or regulatory and prudential obligation, in particular at the request of the supervisory authorities or the tax or customs authorities, as well as at the request of a criminal judge or in the event of a court order of which Leetchi is notified. In addition to the above, the User has the option of releasing Leetchi from professional secrecy by expressly indicating which third parties are authorised to receive confidential information concerning the User. 

23. FORCE MAJEURE

Leetchi may not be held liable if execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by Article 1218 of the Civil Code or by the jurisprudence of the French Courts.

24. INDEPENDENCE OF CONTRACTUAL PROVISIONS

If one or more of the provisions hereof is held to be null and void, becomes null and void or is declared as such in application of a law, a regulation or following a final decision rendered by a competent court, the other provisions hereof will retain their binding force and scope. The provisions declared null and void will then be replaced by the provisions that are closest in meaning and scope to the provisions initially agreed.

25. NON-ASSIGNABILITY

These General Terms and Conditions of Use are concluded Intuitu Personae in consideration of the person of the User. These General Terms and Conditions of Use and the rights and obligations arising from them may not be assigned in whole or in part by the User, whether for payment or free of charge. It is therefore prohibited from assigning to a third party any of the rights or obligations it holds hereunder. In the event of a breach of this prohibition, in addition to immediate termination of this contract, Leetchi may hold the User liable.

26. AGREEMENT ON EVIDENCE

The online acceptance of these General Terms and Conditions of Use by electronic means will have the same evidential value between the parties as an agreement on paper. 

All the data stored in an unalterable, reliable and secure manner on Leetchi's computer database, relating in particular to payment orders and confirmations received from Users, to notifications sent, to Payouts and to Refunds, as well as Leetchi's accounting documents, will be deemed authentic between the Parties, unless the User provides proof to the contrary by any means. 

27. CLAIMS - MEDIATION 

Any request for information or complaint relating to these General Terms and Conditions of Use should be made by the User to Leetchi's Customer Service Department:

• either by e-mail: serviceclient@leetchi.com

• or using the online contact form. 

Leetchi undertakes to confirm the processing of your request within ten (10) working days of its receipt.

Leetchi endeavours to provide you with an answer within thirty (30) days, except in special cases requiring in-depth investigation. However, the response time may not exceed two (2) months.

In the event of a complaint relating to payment services, Leetchi undertakes to provide a response within a maximum of two (2) weeks from receipt of the request, except in exceptional circumstances. This period will not exceed thirty-five (35) working days following receipt of the complaint.

The Customer Service Department will keep you regularly informed of the progress of your request.

In the event of the persistence of a dispute with Leetchi relating to the services provided or to the execution of these General Terms and Conditions of Use, and in accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the User has sent a written complaint to the professional and has not obtained resolution or a response within two (2) months, they may submit their complaint free of charge to the consumer ombudsman. The matter must be referred to the ombudsman within one (1) year of the complaint. 

The MCP MÉDIATION ombudsman may be contacted directly:

• online at: www.mcpmediation.org

• or by post: MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS

In the absence of an amicable solution, the earliest petitioner will refer the matter to the courts. 

28. APPLICABLE LAW AND JURISDICTION

Except in the case of application of a public policy law (which will only apply within the strict limits of its purpose), it is expressly stipulated that these General Terms and Conditions of Use are governed by French law and that any dispute between the parties thereto will be submitted to the jurisdiction of the competent French courts.

APPENDIX 1

Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

Please send it to: LEETCHI, 4 rue de la Tour des Dames, 75009 Paris, France

Or send to the following e-mail: serviceclient@leetchi.com

"I hereby notify you of my withdrawal [of my Contribution/from creation of the Money Pot] dated: ...........

Consumer's name: ………..

Consumer's address: ………..

Date: ………..

Signature of the consumer(s) (only if providing this form on paper)"