General terms and conditions of use

Introduction

Leetchi SA, société anonyme (registered number 511 361 073), with a capital of 711 370 Euros whose registered office is at 1bis Cité Paradis, Paris (75010), France ("Leetchi") ("Leetchi") Banking transactions intermediary for TUNZ and developer of the website whose URL is www.leetchi.com www.leetchi.com (the " Leetchi's website") , which allows its users to pool money to (a) purchase one or several products on a partner site as gift(s) for a beneficiary or (b) carry out an event.

Tunz.com SA, a limited company (Société Anonyme) approved as an e-money institution, having its registered office in 1000 Brussels, 34 Boulevard de Waterloo, registered in the register of legal persons under number 886.476.763. Tunz.com is subject to the supervision of the National Bank of Belgium,Boulevard de Berlaimont 14, 1000 Brussels – tel. 02/221.21.11 – www.nbb.be) and is included (search by name function) in the list of approved credit institutions given on the website of the National Bank of Belgium.

the non-users cybernauts on Leetchi's website are named the "Visitors".

Please read the present terms of use of Leetchi.com and the terms regarding the use of electronic money as provided by Tunz thoroughly. In case you do not agree to the terms and conditions, we kindly invite you to leave Leetchi.com. In case you wish to become a user of Leetchi.com, you must read the present terms of conditions provided by Leetchi.com and by Tunz and agree to them during the registration process by checking the corresponding box.



1. Acceptance of the terms and conditions

The first use of the website, Leetchi.com, will be deemed acceptance by the user of the following terms and conditions.

By using any services from Leetchi.com, either as a visitor or as a user, you are automatically bound by the present terms and conditions.

These terms and conditions constitute the entire legal contract agreed upon by the users and Leetchi about the use of the Leetchi.com website.


Terms & Conditions

2. Definitions

In addition to the definitions given in these terms and conditions of service, following are some supplementary definitions of terms:

Purchase:
Online purchase of a product on a partner site using the funds.
Bank:
Crédit Mutuel Arkéa or any other banking institution that has partnered with Leetchi, and with which Leetchi could have replaced.
Beneficiary:
Person designated, where necessary, as the beneficiary of the funds; the beneficiary can be the organizer him/herself;
Credit Card:
Debit or credit card valid in France and non-expired, used by a participant;
Funds:
The totality of the funds gathered and held by TUNZ with the aim to purchase a product from one of our partners or to carry out an event under the responsibility of the organizer;
Participant:
User who contributed to the funds and, therefore, incumbent of a receivable of the deposited amount from TUNZ.
Contribution:
Amount of actual currency wired by a participant via his bank to the order of TUNZ and received by Leetchi acting as banking intermediary, with the aim of establishing electronic monetary funds of the same amount held by TUNZ;
Organizer:
User who originated the creation of the funds and mandated by the participants to administer the funds;
Participant:
Individual who has been invited to contribute to the funds;
Platform of affiliation:
Technical platform that enables a secure access to partner sites by the organizer for the purpose of a purchase;
Product:
Product or service whose online purchase on a partner website is made possible via the platform of affiliation using the funds, in their entirety or not.
Event:
Event, designated by the organizer, which the funds should finance, in whole or in part.
Refund:
Repayment to a participant of whole or part of his monetary participation by Leetchi on behalf of TUNZ and made by crediting the participant's credit card; therefore returning the amount held by TUNZ, subject to any cost incurred;
Withdrawal:
Withdrawal in cash by the organizer of whole or part of the funds, from which will ensue the return of the sums held by TUNZ;
Partner site:
Retail website, on which the funds can be used and that has an affiliation agreement with Leetchi, directly or via a platform of affiliation;
Use:
Purchase and/or Withdrawal and/or Donation.

3. Purpose

These terms and conditions of use and service aim at defining the conditions under which you agree to use the Leetchi.com website.


4. Updates in the terms and conditions of use

Leetchi reserves the right at any time to modify, alter or update these terms and conditions. The revised terms and conditions shall be effective at the time we post it on Leetchi's website.

Your continued use of Leetchi's website following any update to these terms and conditions will be deemed acceptance of the updated terms and conditions. Therefore, it is important that you read regularly the terms and conditions of use and service so as to learn of any changes that could have been made to them.


5. Eligibility

By registering for, accessing, or using Leetchi's website, you represent that: (a) all information stated during your registration is true and accurate, (b) you will maintain the accuracy of such information by updating your account when needed, (c) you are at least 18 years of age, or between 14 and 18 years of age and have your parent or guardian’s consent to use the site or site materials and to be bound by these terms and conditions, and (d) your use of Leetchi's website does not violate any legislation or regulation in force.


6. Login

When registering for a user's account, we will ask you to choose a "login" (your "login" information) , consists of a user name (a valid email address) and a password.

You are solely responsible for the confidentiality of your login information. You agree to not use the account, login, user name and password of another registered user at any time, nor to disclose your login information to a third party. You agree to immediately inform Leetchi if you suspect a non-authorized access to your account or a breach of your login. You are solely liable for the use of your account.


7. Creation and functioning of the funds

7.1 Creation and administration of the funds by the organizer

The organizer creates the funds through Leetchi's website in association with TUNZ. an organizer cannot create more than 5 funds simultaneously.

At the time of the creation of the funds, the organizer must indicate:

  • the beneficiary [a friend or colleague of the participants]
  • and/or
  • the event [a collective gift, a trip, a financial contribution to a recreational activity, a donation to a sponsored organization, etc.];
    • the sufficient designation of the beneficiary or the event to the participants is the sole responsibility of the organizer; any false or misleading designation of the beneficiary or the event may involve the responsibility of the organizer towards the participants.
  • the name of the funds;
  • the target amount of the funds (the "target amount"), which must be between 10 Euros and 20000 Euros;
  • The email address of each participant [friends, colleagues, etc.];
    • The email addresses of all participants must be valid, active, and updated.

The organizer vows to only call upon participants from a limited circle of people, to not call upon public generosity, nor to launch a public offering using Leetchi.com. Generally speaking, the organizer also commits to not use Leetchi's website for purposes that are illicit or contrary to common decency.

The organizer is solely responsible for the administration of the funds.

In particular, the organizer can, at any time, choose:

  • to decrease the target amount, within twice the limit of a minimum of 25% of the target amount and of the total amount already paid, knowing that the target amount cannot be under 10 Euros;
  • to increase the target amount by no more than 20000 Euros;
  • to invite new participants, to the extent of 500 participants.
  • to cancel the funds ("cancellation"):
    • In the event of cancellation, the amount of each contribution, minus the fees for reimbursement of expenses, will be refunded to the concerned participant, within 15 business days;
    • the cancellation of the funds is solely up to the organizer and is requested via email at the following address: help@leetchi.com help@leetchi.com

7.2 Contributions to the funds - Refunds

The participant contributes up to 150 Euros to the funds with one or several payments made by credit card.

The organizer is notified via email of any new contribution.

Upon contributing to the funds, a participant gives power of attorney to the organizer, under condition precedent, to use whole or part of the funds, up to the amount collected in the funds, in order to (a) finance the purchase of a product from a partner site for the beneficiary, or (b) donate money to a sponsored organization, or (c) to receive the amount of the contribution in order to finance an event.

The collection of a contribution by Leetchi on behalf of TUNZ prompts the latter to store the amount of the contribution and to issue, in return, an equivalent amount of e-money units to the participant in accordance with the rules and regulations in force.

Furthermore, unless the funds are closed, the participant may request a refund of whole or part of his contribution (retraction) at any time during the term of validity of the funds.

A retraction will be valid only if requested via email at the following address: help@leetchi.com. help@leetchi.com. The participant must precise the amount of his paid participation that he wants refunded.

In the event of a retraction, TUNZ is immediately notified of the monetary amount in question, so as to adjust the number of e-money units issued by TUNZ in the name of the concerned participant(s). On Leetchi's initiative on behalf of TUNZ, the participant's credit card is then credited of the amount within 15 business days.

The amount of the contribution is held, accordingly, by:

  • until the date of the use by the organizer,
  • until the date of a reimbursement to the participant in the event of
    • a retraction, or
    • the cancellation of the funds, or
    • the expiration of the funds at the end of the term of validity.

In accordance with the regulations in force, the refunds are calculated from the nominal value of the contribution with no fees other than those strictly incurred by the reimbursement process and that are set, on an inclusive basis, to 2% of the contribution amount plus one sixth of the contribution amount, rounded off to the nearest lower or upper cent as the case may be. (Redemption fees).

That is, for a contribution of 20 Euros: [20 x 2%] + [(20 x 2%) * 1/6] = 0.46 euro

Or a maximum of 3.50 Euros for a contribution of 150 Euros.

7.3 Use of the funds

Pursuant to the mandate conferred to the organizer by the participants, the organizer is solely liable for the use of the funds.

The organizer can make a purchase and/or a withdrawal and/or a donation throughout the entire term of validity under the conditions laid out below.

7.3.1 Purchase on a partner site

To make a purchase, the organizer has access to the partner sites of TUNZ via Leetchi's website.

If necessary, the organizer may complete the funds in order to make a purchase during the payment stage on the partner site.

After a purchase has been made, the remaining balance can be used to:

  • another purchase;
  • a withdrawal by the organizer.

The organizer is deemed the buyer on the partner site; therefore, he has the obligation, under his sole responsibility, to indicate all necessary information to the partner site, including, but not limited to, the address of delivery.

If necessary, the organizer, as buyer of the product, is deemed the holder of the product guarantee as well as the holder of all the rights, actions and claims associated with the product (including any retraction right), without binding Leetchi to any obligation or guarantee of any kind.

7.3.2 Withdrawal of the funds

In the event of a withdrawal, the balance of the funds is wired to the organizer on an bank account of a French banking institution. The organizer must be the legal holder of the account and must provide the bank routing number.

The organizer is solely liable for the use of the funds to the participants and Leetchi; this use must conform to the mandate given by the participants to the organizer. On this matter, Leetchi is under no obligation and does not offer any guarantee, of whatever nature towards the participants.

7.3.3 Imputations

Each use of the funds, whether it be a purchase, a withdrawal or a donation, will be charged of the relevant amount on each contribution made to the funds, to the prorata of the balance of each participation on the full amount of the funds at the relevant date of use.

7.3.4 Notice to participants

Each participant to the funds is notified via automatic email from Leetchi of any use made by the organizer.

As of this notice, Leetchi is released of any obligation towards the participant as regards his participation, up to the amount of his participation in question.

In accordance with the mandate given to the organizer, the above notice does not relieve the organizer of his obligations towards the participants, in particular of the rendering of account.

7.4 Expiration of the funds

The funds can give rise to their use (subject to their closing) or to a claim of reimbursement until the date of cancellation of the funds by the organizer or, at the latest, until the expiry date, i.e. period length of 365 days as of the first contribution (the "term of validity").

The administration of the funds by the organizer automatically ends at the end of the term of validity.

At this date, the contributions will be subject, within 15 business days, to an automatic redemption less any applicable fees by TUNZ through Leetchi.


8. Leetchi's responsibility pertaining to the site access

Leetchi shall not have any responsibility or assume any liability for any error, omission, interruption, deletion, defect, delay in operation or in transmission, theft, destruction, non-authorized access, or for any modification of communication with any user.

Leetchi reserves the right to temporarily suspend access to its services for technical or maintenance purposes, without the suspension giving right to any claim or indemnification. Leetchi pledges to limit, as much as possible, such events.

Privacy is very important to Leetchi. We are committed to do everything, where necessary, we can to protect the privacy and security of all data traded on our site.


9. Relationship between Leetchi et its users

Leetchi exercises no control over the retail sales.

Accordingly, Leetchi has no control over the quality, conformation, safety or legality, counterfeited or true nature of the products, nor does Leetchi make any warranties or representations as to the truthfulness or accuracy of any information contained on the partner sites. Likewise, Leetchi does not make any warranties as to the solvability or financial viability of the users.


10. Leetchi's ownership over the content of Leetchi.com website - Limited use authorization

The content of this site, in part or in its entirety, cannot be altered, copied, distributed, framed, reproduced, downloaded, displayed, published, transmitted, or sold, in any type of shape or form and by any means, without a former written agreement from Leetchi.

You are authorized to use Leetchi.com and the content of this site according to the terms and conditions. Any use of Leetchi.com or its content that would not follow these terms and conditions or that would not be in accordance with the law or right of third parties is strictly prohibited and will entail the termination of the right of use of Leetchi.com. Leetchi, in its sole discretion, may suspend, close or terminate any user's account at any time, for any or or no reason, without notice and without penalty.


11. Code of user's good practice

You guarantee that no offer or demand of products or services from you, no information from your profile, and no content published by you, on or via Leetchi's website, infringes on the rights of any third party nor is prohibited by the law and regulations in force. Leetchi has sole discretion to enforce any appropriate measure, including the withdrawal of the forbidden content or the profile, and to take any necessary action against, including legal action.

In addition, you agree to not:

  • use the services or Leetchi's website illegally or in a manner that could damage, deactivate, overload, or alter the site;
  • use automatic script generators in order to collect data from Leetchi services or its website, or to interact with Leetchi services or its website;
  • spread, publish, or store illegal content on Leetchi's website;
  • impersonate another person or entity, falsify or conceal your identity, your age, or your affiliation to another person or entity, nor create any false identity;
  • distribute any personal data belonging to a third party, such as addresses, telephone numbers, email addresses, or credit card information.

12. Infringement of intellectual property rights and individual rights

Insofar that we would receive notice of illegal use, use in violation of the present terms and conditions, or use likely to infringe the rights of third parties, we reserve the right to remove or deactivate the access rights of the concerned individuals to the Leetchi site, and/or to terminate the users' accounts. If you observe such failure to comply to the rights of intellectual property or to the rights of third parties because of any information published on Leetchi.com, please write an email to the following address contact@leetchi.com. help@leetchi.com.


13. Privacy

The protection of our users' privacy is important to us.


14. Disclaimer of responsibility

NOTWITHSTANDING ANY CONTRARY ARRANGEMENT IN THE PRESENT AGREEMENT, LEETCHI'S LIABILITY TO YOU, WHATEVER THE CAUSE AND FORM OF ACTION, IS AT ALL TIME LIMITED TO AN AMOUNT OF ONE THOUSAND EUROS. IF YOU AGREE ON USING OUR SERVICE AT NO COST, YOU ALSO ACKNOWLEDGE THAT ANY COMPENSATION OR AMENDS IS LIMITED TO THE PROTECTIVE MEASURES TAKEN BY LEETCHI IN COMPLIANCE WITH THE GOVERNING LAW, AND THAT YOU CANNOT LAY CLAIM TO ANY COMPENSATION FROM LEETCHI.


15. Duration - Termination

These terms and conditions, in this version or any amended, revised version by Leetchi, will be in effect during your entire use of Leetchi's website and/or the Leetchi services.

Leetchi has the right to terminate your enrollment as a user, with or without notice, at any time and in its sole discretion, and with proviso, if need be, the refund of your subscription.


16. Choice of law and competent court of law

Except in the case of the implementation of a mandatory law, which will only apply in the extent strictly of its purpose, it is expressly agreed between the parties that (i) the present terms and conditions of use are subject to French law and (ii) any dispute between you and Leetchi upon the use of the company site or services will be subject to the Paris' court of competent jurisdiction.


17. Severability of the terms and conditions of use

If any provision of these terms and conditions is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the terms and conditions to the minimum extent required, and the remaining provisions will remain valid and enforceable.