THESE GENERAL CONDITIONS OF USE ARE APPLICABLE FOR ANY USE OF THE FRIENDS OF THE FOUNDATION PLATFORM. THESE TERMS AND CONDITIONS CAN BE VIEWED ON THE SITE AT ANY TIME.
THE PURPOSE OF THESE GENERAL CONDITIONS OF USE IS TO DEFINE THE TERMS AND CONDITIONS FOR ACCESSING AND USING THE FRIENDS OF THE FOUNDATION PLATFORM AND, IN THIS CONTEXT, TO DEFINE THE ROLE AND OBLIGATIONS OF ALL PARTIES.
BY ACCEPTING THESE, THE USER OF THE FRIENDS OF THE FOUNDATION PLATFORM SERVICE EXPRESSLY ACKNOWLEDGES THEIR UNDERSTANDING OF THESE, WHICH IMPLY THE EXPLICIT ACKNOWLEDGEMENT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE MIPISE SERVICE*, AS WELL AS THOSE OF THE PAYMENT INTERMEDIARY SERVICE OF LEMONWAY ACCESSIBLE AT THE ADDRESS: https://www.lemonway.fr/c-g-u.
THE USER MUST CAREFULLY READ AND UNDERSTAND THESE GENERAL CONDITIONS OF USE FOR THE FRIENDS OF THE FOUNDATION PLATFORM. WITH THE ACCEPTANCE OF THESE THE USER AGREES TO COMPLY WITH THE TERMS AND CONDITIONS.
THE USER CAN AT ANY TIME VIEW THESE, COPY THEM, SAVE THEM ON A COMPUTER, ON ANY OTHER MEDIA, SEND THEM BY EMAIL OR PRINT THEM ON PAPER FOR THE PURPOSE OF KEEPING A COPY. A PHYSICAL COPY CAN BE OBTAINED ON SENDING A REQUEST TOGETHER WITH A STAMPED ADDRESSED ENVELOPE TO THE FRIENDS OF THE FOUNDATION PLATFORM. A COPY CAN ALSO BE REQUESTED BY EMAIL.
*MIPISE is its technical partner and provides the infrastructure required for the deployment of its service – The conditions of use of MIPISE can be found at: http://www.mipise.com.
For the purposes of the General Conditions of Use of the Friends of the Foundation platform, the following words, when in capital letters, and unless the context indicates an alternative interpretation, take the following meanings:
EFFECTIVE BENEFICIARY: Person effectively benefiting from the funds.
FUNDRAISING: Amount of funds sought during the CROWDFUNDING operation. The characteristics of the FUNDRAISING are its duration and its target. These are freely set by the Friends of Club Méditerranée Corporate Foundation.
CONTRIBUTOR: Any natural person or entity contributing to the financing of a PROJECT by making a CONTRIBUTION (a DONATION).
CONTRIBUTION (or DONATION): The CONTRIBUTION is the amount of money paid by the CONTRIBUTOR towards the financing of a PROJECT.
DONOR (cf. CONTRIBUTOR)
DONATION (cf. CONTRIBUTION)
CONTRIBUTOR SPACE: Interface that enables the CONTRIBUTOR to view and manage the CONTRIBUTOR’S profile.
PAYMENT INTERMEDIARY: LEMONWAY, which hosts the Friends of the Foundation platform.
CROWDFUNDING: CROWDFUNDING is used to finance a project, a product, an event, an activity or a cause.
PROJECT MANAGER: The PROJECT MANAGER is the “Friends of Club Méditerranée Corporate Foundation” fund.
FUNDING TARGET: Amount needed for the completion of the PROJECT.
CROWDFUNDING PLATFORM: Platform that presents and manages a number of CROWDFUNDING projects at the same time.
CONTRIBUTOR’S PAYMENT ACCOUNT: The account of the CONTRIBUTOR managed by the PAYMENT INTERMEDIARY, associated with an IBAN or a credit/debit card number. This allows the CONTRIBUTOR to contribute to the PROJECT.
PROJECT: A PROJECT is any project, event, activity, product, service and/or cause that the CLIENT of the Friends of the Foundation platform wishes to finance by means of a CROWDFUNDING operation and where the funds raised are transferred absolutely and unconditionally to the PROJECT MANAGER and this independently of the achievement of the fundraising target. The funds raised are irrevocably transferred throughout the period of the FUNDRAISING to the Friends of Club Méditerranée Corporate Foundation.
The elements that identify a PROJECT are:
The amount of the FUNDING TARGET
The means of CONTRIBUTION: the DONATION.
2. REGISTERING ON THE PLATFORM
THE USER OF THE PLATFORM (CONTRIBUTOR) must supply at least:
An email address
If a PAYMENT ACCOUNT is to be opened, additional information is required depending on the contribution payment thresholds chosen (cf. MIPISE T&C).
A USER SPACE is then made available to the USER OF THE SERVICE of the Friends of the Foundation platform for the submission of documentary evidence of identity as may be required.
3. OPENING A PAYMENT ACCOUNT
Cf. MIPISE T&C, see http://www.mipise.com.
4. RULES GOVERNING THE USE OF THE PAYMENT ACCOUNT SERVICE
Cf. MIPISE T&C, see http://www.mipise.com.
5. PAYMENT OF A CONTRIBUTION (DONATION)
Cf. MIPISE T&C, see http://www.mipise.com.
5.1. The CONTRIBUTOR chooses the amount of the CONTRIBUTION.
5.2. Secure payment by credit/debit card is made through the services of the PAYMENT INTERMEDIARY.
5.3. The amount of the CONTRIBUTION is held in the CONTRIBUTOR PAYMENT ACCOUNT managed by the PAYMENT INTERMEDIARY in accordance with the General Conditions of Use of the LEMONWAY service and the use of electronic money until transferred to the PAYMENT ACCOUNT of the PROJECT MANAGER.
5.4. The agreement of the CONTRIBUTOR to the payment of the CONTRIBUTION is deemed given as of the transmission of the payment instruction.
5.5. The CONTRIBUTOR will never be charged for any costs associated with the Friends of the Foundation Platform.
5.6. The Friends of the Foundation platform is used for the technical realization of the CROWDFUNDING solution. LEMONWAY will manage the contents of the payment accounts. LEMONWAY will ensure the security of all payments made by credit/debit card.
6. REMUNERATION TO THE FRIENDS OF THE FOUNDATION PLATFORM
The Friends of Club Méditerranée Corporate Foundation will not receive any commission on the contributions paid through the platform.
The Club Méditerranée Corporate Foundation bears the costs associated with the use of the fundraising platform made available by MIPISE. MIPISE is remunerated through the contributions paid through the platforms it supplies at the rate of:
Bank card (charge on payment account):
- 1.57% of the amount
- €0.27 per operation
Bank transfer (charge on payment account):
- 0.67% of the amount
7. OPPOSITION OR DISPUTE
Cf. MIPISE T&C.
8. END OF THE PROJECT
8.1. The Friends of Club Méditerranée Corporate Foundation are responsible for the definition of the PROJECT, its implementation, success or failure, the delivery of the COUNTERPARTIES, as well as the legal and financial management of the PROJECT.
8.2. NON-REIMBURSABLE PROJECTS: The funds raised are supplied to the Friends of Club Méditerranée Corporate Foundation unconditionally, at the end of 15 calendars days after the completion of the payment.
8.3. The funds are transferred by debiting the CONTRIBUTOR PAYMENT ACCOUNT, by crediting the FRIENDS OF THE FOUNDATION PAYMENT ACCOUNT.
9. VIEWING ACCOUNTS
The CONTRIBUTORS can at any time view the history of their accounts in their dedicated spaces.
10.1. For all of its service provisions, the Friends of the Foundation platform is subject to an obligation of means and not of results.
10.2. The Friends of the Foundation platform cannot under any circumstances be held liable for any damage arising for the user that results in part or wholly from any non-compliance with these GCU by that customer.
10.3. The Friends of the Foundation platform cannot be held liable as a result of any activities or information held, if it is unaware of the illegal nature of these or if as of the instant it became aware, the Friends of the Foundation platform did not act diligently in removing this data and/or making access to it impossible.
10.4. Regardless of the nature, grounds and details of any proceedings imitated by a USER OF THE PLATFORM, except in the event of its fraud or gross negligence, the Friends of the Foundation platform accepts no liability.
10.5. The Friends of the Foundation platform cannot under any circumstances be held liable for any direct and/or consequential losses, such as market injury, loss of customers, any commercial disturbance, loss of profits, impairment of brand image suffered by its customers, or by third parties, and that may arise from the service provisions of the platform, the implementation or the non-availability of the service. Any action taken against a user by a third party is deemed as being a consequential loss, and therefore shall not give rise to entitlement to any other reparation than the maximum of one hundred euros as above.
10.6. It is hereby agreed that the content of the PROJECT, its presentation and the elements of its follow-up (news, etc.) are compiled subject to the sole liability of the Friends of the Foundation Platform; the Friends of the Foundation are wholly liable for the presentation of the PROJECT as published on the site and must ensure in particular that this presentation will not mislead the USERS.
10.7 The CONTRIBUTORS are free to choose the amount and allocation of their CONTRIBUTIONS.
11. PERSONAL DATA
Cf. MIPISE T&C
The Friends of the Foundation platform has the right to use the email addresses of the CONTRIBUTORS in the context of the PROJECT for which funding has been sought.
12. MODIFICATIONS TO THE GENERAL CONDITIONS OF USE OF THE PLATFORM
The Friends of Club Méditerranée Corporate Foundation reserves the right to make changes to these General Conditions of Use of the platform. To take into account particular possible extensions and improvements to the platform, it reserves the right to unilaterally make changes to these General Conditions of Use at any time, without notice.
It is the specific responsibility of the CONTRIBUTOR to read and accept the General Conditions of Use of the platform when making a CONTRIBUTION. Each use of the SERVICE implies acceptance of the latest version of these General Conditions of Use of the platform.
In the event of major changes to these General Conditions of Use, the new general conditions will come into force one month following their publication on the internet site of the Friends of the Foundation platform. The special conditions associated with these General Conditions and in particular the conditions relating to the financial conditions relating to Article 19 cannot be changed for ongoing project campaigns.
The content of the platform must not be modified, copied, distributed, framed or reproduced without the agreement of the Friends of the Foundation platform.