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Terms and Conditions of the Multi-Merchant Loyalty Program Youseeme

The present terms and conditions (hereinafter referred to as the “Terms and Conditions”) govern the terms and conditions of the use by the members of the application Youseeme and web site issued by the company UCME octave.

This program is provided by Octave UCME, a limited liability company with a capital of 3000 Euros, whose headquarters is located at 805 Avenue Guillibert of the Lauzière 13290 Aix en Provence Les Milles, and registered at the RCS of Aix en Provence under the SIREN number 823182407, hereinafter referred to as Octave UCME.

We invite the member to read carefully the Terms and Conditions before completing the online registration in the Multi-Merchant Loyalty Program Youseeme. Your access to, and use of the multi-merchant loyalty program is conditioned on the creation of an account in the Youseeme application, on filling the registration form accurately, and on your acceptance of the provisions of multi-merchant loyalty program by clicking on “I accept without reserve the general terms of use of the Youseeme website”.

By ticking ” I accept without reserve the General Terms and Conditions of Use of the site Youseeme” in the registration form of the Youseeme application, the member expressly acknowledges that he/she has carefully read and understood the Terms and Conditions of Use in force on the day of its acceptance, and that he/she accepts them in their entirety. The present Terms and Conditions therefore constitute the contract between the member and Octave UCME. The acceptance of the Terms and Conditions of Use by the member as indicated above and the version of the Terms and Conditions accepted by the member is retained and archived by Octave UCME in its computer systems in a manner that is unalterable, secure and reliable.

The terms and Conditions applicable to the Youseeme application and web site as well as their possible amendments which are available on the Internet site of Youseeme.pro apply to members using the Youseeme Application and the web site.

Octave UCME has the right to modify the present Terms and Conditions at any time and will publish these modified Terms and Conditions directly on the website of Youseeme.pro (https://www.youseeme.pro/cgu/).

When the member registers in the Youseeme multi-merchant loyalty program, the member accepts and confirms that:

  • The member has read, understood and accepted the Terms and Conditions of the multi-merchant loyalty program Youseeme,
  • The member meets the conditions for membership,
  • The member agrees to fulfil the requirements of KYC
  • The member consents to this that the whole of the provisions set out in the contract to be applicable until he/she or Octave UCME cancels this membership in accordance with the Terms and Conditions.

 

ARTICLE 1. Definitions

We have assigned a specific meaning to certain words used regularly in this contract. You will find below the definitions:

  • Application : designates the mobile service Youseeme, which is published by Octave UCME and must be downloaded by the Members from application stores compatible with their mobile device, and of which the multi-merchant loyalty program is a component that allows members to avail of benefits and/or reductions which are provided by Octave UCME or its partners and which are either related to the status of the member (Bronze, Silver, Gold, Platinum).
  • Balance : Refers to the total amount available on the eWallet account, at a moment.
  • Bartcoins : virtual currency awarded to members either by the multi-merchant loyalty program, or by the partners. Usable only between the members of the application Youseeme and partners.
  • Contract : Contract: the Terms of Service and Privacy Policy (https://www.youseeme.pro/privacypolicy/) in force on the day of registration.
  • Customer service: All of the actions put in place at the destination of the members to accompany and to answer any questions.
  • eWallet account : eWallet Account: Secure electronic wallet available to the users of the multi-merchant fidelity program that can hold their funds in euro, and make payments of Bartcoins once converted to euro.
  • K.Y.C. (Know Your Customer – Knowledge of the customer) The KYC is reflected by a procedure which allows to ensure the identity of the customer and to ensure the compliance of operations. An obligation of identification and due vigilance in accordance with anti-laundering legislation.
  • Member: Any physical person registered for the Multi-Merchant Loyalty Program Youseeme
  • Member Account: Refers to the personal virtual space of each member of the Youseeme service. The user account can be accessed by entering a valid email address / password pair that are only known to the user, having been provided by the latter at the time of the registration to the service Youseeme.
  • Membership: The fact of becoming a member of the Multi-Merchant Loyalty Program.
  • Operating platform: Refers to the set of systems of the Youseeme Service allowing, via internet, the management and the making of secured payment transactions between members and partner.
  • Octave UCME system: Refers to the set of processes, the organization and the know-how of Octave UCME ensuring the operating capacity of the operating platform for the execution of secure transactions or transfers within the same
  • Order : Refers to any transaction carried out by a Member from an Octave UCME partner, and applicable to products that the latter proposes.
  • Partner : all affiliated merchants or organizations and/or any company participating in the Multi-merchant Loyalty Program granting benefits and/or distributing of Bartcoins to Members.
  • Personal space : interface of the application that allows members to find all of his/her personal information.
  • Program : Refers to the multi-merchant loyalty program via the Youseeme application or the Youseeme.pro website.
  • Refill: Refers to the addition of funds to your eWallet account from a payment card.
  • Statement of Account : Designates the electronic statement available in the personal space and on which is shown the history of payment transactions that have been carried out, including transfers.
  • Transaction : Designates the electronic statement available in the personal space and on which is shown the history of operations eWallet refills, and transfer which have been carried out.
  • Transfer between eWallet accounts : Refers to the transfer of all or part of the available assets between two Youseeme eWallet accounts.
  • Withdrawal : Refers to the request for the transfer of all or part of the assets available on the account Member’s eWallet. The amount corresponding to the withdrawal will be transferred to the bank account of the Member.
  • Youseeme service : Refers to the different services provided by the application Youseeme (payment, geo-localization, refilling of the eWallet account…).
  • Web site: Refers to the Internet site https://www.youseeme.pro from which Octave UCME offers the services of Youseeme.

 

ARTICLE 2. Description of the Program

The program is intended for members of Youseeme. The goal of the Program is to allow our members to access a number of benefits, according to their statuses, and to accumulate Bartcoins on the application at the points of sale of our partners, and then convert them into euros, bankable only at the points of sale of our partners.

 

ARTICLE 3. Membership in the Program

  • ARTICLE 3.1 – Membership in the Program is reserved for valid merchant and/or individuals.

If you are under the age of eighteen (18) years, you acknowledge that you have received the authorization of your parents, guardian or legal representative to participate in the loyalty program and, in particular, for the conversion of your Bartcoins.

  • ARTICLE 3.2 – Membership in the program is free of charge.

The membership is free, you will obtain:

  • A membership account which will be created for you upon registration on the Application Youseeme. Through this space, you can edit, add or delete your personal data.
  • An eWallet account: Your secure electronic wallet. Account on which you collect the Bartcoins you earned from Youseeme and/or our partners, which will be awarded on his/her account’s eWallet,
  • A payment system: The expenses that you make with our partners will not require a credit card or cash anymore. You can settle your purchases from your mobile phone by scanning an encrypted QR code and entering your confidential password to validate the transaction.
  • ARTICLE 3.3 – Membership in the program is simple.

Membership in the Program is effective after validation of the General Conditions of Use of the application Youseeme and completing the registration form. All members undertake to complete and provide the information KYC (Know Your Client) and to read and accept the Terms and Conditions of Use of the Program of Octave UCME. You must fill in all requested information in order to finalize your membership.

  • ARTICLE 3.3.1 – Information K.Y.C (Know Your Customer)

The Autorité de Contrôle Prudentiel et de Résolution  (authority of prudential control and resolution) and the Bank of France impose the identification of any physical or moral person to open a bank account virtual in the purpose of fighting against money laundering.

For this reason, you must provide the following information:

  • A copy of a valid piece of identification: identity card or passport.
  • A copy of an utility invoice (water, gas, electricity, ..) or a copy of your notice of taxation, the documents before the dating back to no more than three (3) months.
  • A copy of the RIB

As soon as you have respected and responded to the conditions outlined above, and have correctly completed the registration form and accepted the contract, you will become member of the loyalty program, and gained the possibility of making transfers to your bank account from your eWallet.

  • ARTICLE 3.4 – Access

Your Membership account will be protected by a password that you have chosen. Your user account will be protected by a password of your choosing. You commit not to disclose your password to any third party, otherwise we cannot be held responsible for any fraudulent use by a third party. In case you lost or forgot your password, you can recover it by contacting customer support, or by clicking on “recover password” during your session. You will receive a secure link allowing you to change your password via email, sent to the address indicated. You must not lend, nor give, sell or, in general, put your account and/or your password at the disposal of a third party for any reason whatsoever.

  • ARTICLE 3.5 – Promotional Information

The user has the possibility to choose to receive promotional information from Youseeme and/or partners of Octave UCME during membership in the program. Octave UCME undertakes not to disclose to third parties the personal data relating to the user without the authorization of the latter (refer to the privacy policy): Http://www.youseeme.pro/privacypolicy.

  • ARTICLE 3.6 – Referrals

Any member of the program may refer new members in order to benefit from the multi-merchant loyalty program. You must specify the email address of the person that you want to refer in your personal space on the web site or the application. People referred as such will receive a referral email containing a link allowing them to fill in the registration form.

The number of referrals that can be made is unlimited. The list of these referrals, as well as the status of the new sponsored beneficiaries are indicated in your personal space on the web site.

A sponsorship code is valid for 3 months from the date of its sending to the referred person. Current members or persons previously having been a member of the multi-merchant loyalty program.

 

ARTICLE 4. Connection

  • ARTICLE 4.1 – In order to use the program,

You must have Internet access either directly or through the intermediary of devices with access to Internet content. The cost of telephone communications, making accessible the internet connection to the website, to the application and/or to the site(s) of our partners will remain at your sole expense and according to the modalities provided by your operator.

  • ARTICLE 4.2 – Conditions for connection

In addition, you must provide all equipment necessary to ensure this connection to the Internet, including a computer and modem or any other connection tool, and possess a valid email address.

 

ARTICLE 5. Operation of the Program

  • ARTICLE 5.1 – The different status of the Program

The program includes 4 statutes:

  • Bronze
  • Silver
  • Gold
  • Platinum

The status “Bronze” is acquired by default as soon as the user registers in to the program.

Following the information provided and the number of filled cells, the Bronze status can very quickly evolve to reach the top status “Platinum”.

  • ARTICLE 5.2 – Evolution and value of the statuses

To evolve in the statuses, you must and complete different questionnaires starting with your registration.

Depending on your registration details, you will get different levels of status: Bronze, Silver, Gold or Platinum.

If you have opted for the default status “Bronze”, you get a bonus of 0.5 Bartcoin

For the status “Silver”, you get 1 Bartcoins

For the status “Gold”, you get 1.5 Bartcoins

For the status ‘Platinum’, you get 2 Bartcoins

You can always complete your profile to win Bartcoins if you have not finalized it after leaving the registration process. Once a certain  status is reached, it remains permanently.

  • ARTICLE 5.3 – Services

You get several advantages:

  • VIP invitations organized by our partners
  • Discounts on purchases or expenditure made with our partners.
  • ARTICLE 5.4 – Acquisition of Bartcoins

The acquisition of Bartcoins happens with purchases, your participation in the different services and in games and/or quizzes organized by Youseeme.

You can earn your Bartcoins:

  • Through purchases made with our partners using the eWallet,
  • By participating in the different games organized by Youseeme
  • By participating in quizzes organized by Youseeme
  • By taking a photo of the receipts of purchases made at non-partner merchants,
  • By participating in the different Youseeme polls
  • Etc…

The applicable scales depend on your status on the date of your participation.

For purchases among our partners, the Bartcoins are credited as soon as the purchase is made.

For other operations, they are credited at the end of each operation.

  • ARTICLE 5.5 – Conditions of Use of the Bartcoins

The Bartcoins can be spent once 95 Bartcoins are accumulated and converted into euro in your eWallet. They are transferable to another user member or to a non-member.

  • ARTICLE 5.6 – Your Bartcoins Balance Details

The balance of your Bartcoins is viewable in your personal space on the website and on the application by connecting you with your identifiers (email address and password).

Any claim relating to the balance of your account will need to be addressed by e-mail via the contact form accessible from your personal space. In the light of the conclusions and audits that we could undertake, we reserve the right to reimburse or not your account with the number of Bartcoins which have been the object of your claim.

  • ARTICLE 5.7 – Temporal validity of your Bartcoins

The Bartcoins earned are not limited in time, and they are recorded by month.

  • ARTICLE 5.8 – Conversion of Bartcoins

The Bartcoins earned can be converted into euro/dollar starting from 95 Bartcoins. A variable fee of the transaction depending on the financial institution and the country will be charged to you at each conversion between the Bartcoin and the euro/dollar.

  • ARTICLE 5.9 – Reimbursement of Bartcoins

In the event of a refund of a purchase from our partners, the Bartcoins you earned on this/her purchase will be debited from your account.

  • ARTICLE 5.10- Prevention of fraud

The membership account is strictly personal. A member can have only one account, it is forbidden to open multiple accounts on multiple devices by one and the same person.

In case of suspicion of fraud, the membership account can be blocked or deleted.

  • ARTICLE 5.11 – Conditions for the withdrawal of Bartcoins

In the event of transfer of euro to your bank account, processing fees on the amount will be applied to you

The transfer can be made only if the KYC conditions have been fulfilled (article 3.3.1 – K.Y.C information).

  • ARTICLE 5.12 – Customer Service

The client support service allows us to respond to requests for information on: the program, its functioning, claims, and technical problems.

A contact form is available in your personal space on the application and on the Internet site.

 

ARTICLE 6. Management of the personal space – transaction history

All operations involving a member will be shown in a statement of account and transactions, established in real time. The member will be able to consult his/her statement and transaction on the web site, and in his/her personal space. The Member will also have access to statement of account and transaction covering the entirety of the operations made on the application.

 

ARTICLE 7. Closing of the personal space

When a Member requests the closure of his/her personal space, it must be made by written request by registered mail addressed to the Customer Service department. The closure results in the closure of the personal space and of the eWallet account.

The balance of the eWallet will give the right to a withdrawal to the benefit of the involved Youseeme member, subject to current operations and possible unpaid dues, bank rejections, and potential objections.

 

ARTICLE 8. Crediting an eWallet account

The adding of funds is not a bank deposit and does not involve interest. The balance is refundable to the member only according to conditions laid down for withdrawals.

  • ARTICLE 8.1 – Refill of the eWallet Account

A Member can proceed to refill his/her eWallet account by debiting his/her payment card, or by transfer from his/her bank account to his/her eWallet account.

 

ARTICLE 9. Amount caps and applicable limits

The balance and amount of monthly cumulative refills of the eWallet are capped at two thousand five hundred (2500) EUR (or its equivalent in other currencies).

Any procedure of refill of the account eWallet likely to lead to an overrun of the ceilings applicable to the balance and/or the amount of the monthly payments accumulated will be automatically rejected by Youseeme. At any time, the eWallet holder may consult his/her personal space the ceilings and the applicable limits.

 

ARTICLE 10. Defaulting, Bank Rejections or Objections

Any transaction by credit card or bank transfer aiming to credit an account eWallet, which would be the subject of a default, a bank refusal or an opposition, will see its amount automatically deducted by Youseeme from the balance of the eWallet account. The same goes for any remission of fraudulent funds performed from another eWallet account. In this situation, Youseeme will be entitled to refuse the execution of all future remittances made by means of the bank card that gave rise to the incident.

 

ARTICLE 11. Transfer between eWallet accounts

The Member can make transfers of all or part of the funds available in his/her eWallet account toward the eWallet account belonging to another member or non-member. The transfer is immediate and irrevocable.

In the case of transfer between eWallet accounts, Youseeme reserves the right, in case of rejection of the credit card used to credit the eWallet account, to deduct from the balance of the recipient account the amount of the transaction at issue.

Processing fees of defaults, banking rejection or oppositions may be levied by Youseeme, amounting up to 15% of the amount involved. The deduction of unpaid, of banking rejection or objections as well as the costs relating thereto is carried out on the balance of the account eWallet.

 

ARTICLE 12. Irrevocability of the order given by the participant

The order of payment and/or transfer between eWallet accounts validly given by a Member via the System Youseeme system is irrevocable. The Member will not therefore be able to ask for a cancellation.

The Member expressly recognizes that any payment and/or transfer between Youseeme eWallet accounts is discharging as if this payment and/or transfer between accounts eWallet had been made by cash or non-cash money to the beneficiary, and therefore waives to avail themselves of Article 1243 of the Civil Code or in any other legal provision to contest the payment and/or payment.

 

ARTICLE 13. Payment Made Through the Youseeme eWallet Account

The user settles purchases he/she has made with a partner through the balance available on his/her Youseeme eWallet account.

The member must authenticate himself/herself by entering the PIN code of his/her eWallet account in the Youseeme application screen pertaining to the QR code.

By entering the PIN code, the member confirms his/her order and allows the operating platform to perform, from his/her eWallet, the operations related to the order that it has accepted.

If the available balance in his/her the eWallet is insufficient, the member can then proceed to a complementary refill in order to obtain a sufficient balance on his/her account eWallet to proceed to the payment.

 

ARTICLE 14. Non-intervention of Youseeme in relations between Members and Partners

Youseeme is only the supplier of the payment solution; it is therefore a third party external to the commercial relationship between a member and a partner, or to any other relationship existing between two members and/or between a Member and non-member.

Youseeme does not guarantee the identity of the members or non-members; it does not guarantee the rightful execution of the orders by the partners.

In the case of a dispute concerning the payment or the execution of a command, the Member must speak directly to the partner in order to try to resolve its dispute.

In the event of a dispute between at least two members or non-members, the latter must strive to resolve their dispute between themselves, as Youseeme cannot intervene under any title in this/her relationship.

Except in the case of cancellation of authorized payment or by law, a regulation or a judicial, or an administrative decision, Youseeme is not entitled to cancel for reasons of commercial litigation or other objection a transaction involving a Member and Partner, or between two members, and/or between a Member and non-member.

 

ARTICLE 15. Objections or requests of Members

Without prejudice to what is stipulated in Article 18.4 of the present Terms and Conditions, any challenge or request relating to:

A malfunction of one of the features of the Youseeme Service or web site,

An error in the execution of a payment or in its in execution,

To an error in the levy of a commission, fee or bank charge by Youseeme, must be communicated by the user to Youseeme in a period of fifteen (15) calendar days from the day the user had knowledge or is presumed to have had knowledge (taking into account his/her habits of use of his/her membership account, and the time and date of his/her last access to his/her personal space) or in another longer period provided for by the special provisions or by the law.

This notification can be made by sending an email to the following email address: Contestation@youseeme.pro, or by mail to the following address:

Société Octave UCME

805 Avenue Guilibert of the Lauzière

13290 Aix en Provence Les Milles

This challenge must mention the mistakes or errors observed on account statements or any other document originating from Youseeme.

The erroneous accounting for the account of a client, be it above or below the actual value, observed by Youseeme accepted as a result of a user dispute, are rectified without prior notice.

 

ARTICLE 16. Withdrawal

  • ARTICLE 16.1 – Principle

The user must have fulfilled the conditions of Article 3.3.1 before being be able to make withdrawals available on his/her eWallet (or a part of it), from his/her personal space. All of part of the balance available, not including fees of processing and execution of the request of withdrawal, will be refunded at his/her request by Octave UCME.

The Member will not be entitled to any withdrawal if the balance of the account eWallet is not sufficient to cover the processing fees.

Any withdrawal requested by a Member may be made only by bank transfer to the bank account referenced in the KYC documents:

If the personal space is created in the name of a physical person, the payment can only be made to the personal bank account of this/her person.

If the personal space is created in the name of a legal person, the payment may not be made to the bank account of the legal person.

The bank account referenced must be opened in a country accepted by Youseeme.

  • ARTICLE 16.2 – Processing fees

In the case of a transfer of money between Youseeme member wallet and his bank account declared by the member, Youseeme will apply a processing fee of 15% of the total amount of the sums transferred.
Such a transfer may only be made if, in advance, the member has fulfilled all the K.Y.C conditions imposed to the visa section 3.3.1

  • ARTICLE 16.3 – Liability

Octave UCME cannot be held responsible for the loss of, or falsification, of information sent by the member on the platform KYC.

Octave UCME cannot be held responsible if the banking destinations listed in the personal space for the withdrawal requests are incorrect or outdated.

It is the responsibility of the Members to check and update their banking information in his/her personal space.

 

ARTICLE 17. Responsibility

For the whole of his/her benefits, Octave UCME is subject to an obligation of means and not of result.

Octave UCME and through the application Youseeme and its web site, offers a service of multi-merchant loyalty program and of an eWallet. Octave UCME assumes no responsibility with regard to the respect by the members of their possible reciprocal obligations. Moreover, Octave UCME, in particular, assumes no responsibility with regard to the nature of the transfer of money (payment of a debt, a product, donation, loan, undue payment, etc.), as to the validity or accuracy of the payment, with respect to the errors or inaccuracies in the information communicated to Members by the partners, or as to the malfunction of the Internet site of the partner.

Octave UCME will be liable only for its own faults. In these circumstances, the responsibility of Octave UCME will be limited to the balance available on the user’s eWallet account at the time of the harmful event.

Octave UCME may in no case be held responsible for any damage to the Member resulting partially or totally form the non-respect of the present Terms and Conditions by the said Member.

Octave UCME restates that the information presented by the system of Octave UCME on The Personal Space is indicative only and may not be the subject of judicial proceedings in the event of default.

Unless otherwise stipulated by the present Terms and Conditions, or mandatory laws, and without prejudice to the other causes of exclusion or limitation of liability provided by the present, Octave UCME may in no case be held responsible for any damage caused by a case of force majeure or an event beyond its control or any measure or legislative provisions taken by the French or foreign authorities. Deemed to constitute a case of force majeure or an event beyond its control, includes, but is not limited to: a power failure, a fire or a flood, a strike of its staff or one of its sub-contractors or suppliers, war, unrest, riots or occupation of the territory by foreign forces, negligence of a third party in the sense of the jurisprudence and doctrine such as the persons responsible for the delivery of electricity or telecommunications services.

 

ARTICLE 18. Obligations of the User

  • ARTICLE 18.1 – Use of the service Youseeme has lawful purposes

The Member is obliged to use the services provided by Octave UCME in good faith, for legal purposes only, and in the respect of the present Terms and Conditions of Use.

The Member undertakes not to engage in statements or actions of any kind or nature to impair the image and reputation of the Octave UCME system, service and/or the society Octave UCME.

  • ARTICLE 18.2 – Obligation of monitoring of transactions

The user must regularly check the accuracy of the operations carried out on his/her eWallet account by referring to the operations mentioned in his/her statement of account.

It is therefore the responsibility of the Member to ensure, under their own responsibility, that the setting of their filtering system for emails (anti-spam or other) or that the State of its email inbox (limitation related to the storage capacity) to allow them to receive the emails sent automatically by the Octave UCME system.

  • ARTICLE 18.3 – Conservation of Youseeme account credentials

During the activation of their membership account, the member chooses a confidential password to access to their account. This password will be required for any connection to his/her Youseeme membership account.

The member is therefore the only one responsible for the use and safeguarding of identifiers for his/her personal space that they have created. The member is solely responsible for the preservation of their computer equipment and undertakes to keep secret the access credentials of his/her his/her personal space. In particular, The Member assumes the responsibility for the use of their pin code PIN by a third party, for the making of purchases and partner transactions, or any other transfer of money from his/her his/her eWallet account to another eWallet account of Youseeme members or non-members. The member is solely responsible for all uses of their membership account carried out with their own identifiers for Octave UCME.

  • ARTICLE 18.4 – Obligation of notification

Without prejudice to what is stipulated in article 15 of the present Terms and Conditions, the member has the obligation to immediately inform Octave UCME in case of suspicion of fraudulent access to or use of his/her Youseeme eWallet account, or of any event likely to lead to such a use, such as but not limited to: the loss, inadvertent disclosure or the diversion of the identifiers of their personal space, unauthorized access to all or part of his/her personal space or an unauthorized operation.

This notification must be done by the sending of an email to the following email address: Fraude@youseeme.pro and be confirmed by mail to the following address:

Société Octave UCME

805 Avenue Guilibert of the Lauzière

13290 Aix en Provence Les Milles

The Member who would have acted in a fraudulent manner, or in serious negligence, will have to bear the entire loss resulting from unauthorized transactions effected after it has notified UCME Octave, notwithstanding the obligation of Octave UCME to put everything in order to prevent any other use of the user’s personal space.

  • ARTICLE 18.5 – Due Diligence

Octave UCME has put in place a procedure for the protection against the risks of “phishing” or of identity theft, called “anti-phishing key” which is a secret information (a date, a sentence, a word or a series of numbers) entered by the participant at the time of their registration, and editable by him at any time from his/her personal space. The anti-phishing key also allows the Member to check during a telephone call that he is indeed speaking with a customer service agent from Youseeme.

The user who has a personal space must verify that the communications (Emails, mail) addressed to him/her in the name of Octave UCME or Youseeme service do contain his/her anti-phishing identifier.

The member is informed that any correspondence that does not contain his/her anti-phishing key is deemed not to have been sent by Octave UCME or Octave UCME. Octave UCME is not responsible for the fraudulent acts of third parties who would provide erroneous information regarding the alleged execution of payments or transfers between the Youseeme eWallet account through the Youseeme service.

Octave UCME will never ask a participant to provide his/her password, be it by telephone, email, nor SMS, or by mail, or by any other means.

 

ARTICLE 19. Obligations of Octave UCME

  • ARTICLE 19.1 – Provision of the Youseeme service

Octave UCME undertakes to implement all reasonable means at its disposal to ensure access to the Service Youseeme and the web site, as well as the use of these services, and in particular will ensure that the member can use his/her money without interruption.

Octave UCME does not however guarantee the continuous, uninterrupted access to the whole of its services. Accordingly, Octave UCME will not be held responsible for the delay in and/or the accessibility of the Octave UCME system or the web site rendering impossible the execution of a payment, or in the case of partial or faulty execution, when they are the result of factors beyond the reasonable control of Octave UCME.

The member is informed that Octave UCME can interrupt occasionally the access to the internet site or all or part of its services:

–        To allow for repairs, maintenance, and adding of new functionality,

–        In case of suspicion of a hacking attempt, of misuse of funds or of any other risk of infringement,

–        Upon request or instruction from authorized competent persons or authorities.

–        The execution of transactions on the account of Octave UCME,

–        The closure of the Octave UCME account.

To the extent of the possible, and except statutory prohibition or regulatory, Octave UCME will inform the Member in a reasonable period of time. Octave UCME may in no case be held responsible for possible damage resulting of these suspensions.

As soon as normal service is restored, Octave UCME will undertake reasonable efforts to deal with the expected operations in the best possible time.

  • ARTICLE 19.2 – Unauthorized Transactions by the User

Octave UCME maintains the account statement and puts it at the disposal of the Member in his/her personal space in order to enable the Member to check the accuracy of the operations carried out.

Octave UCME undertakes to implement all reasonable means to address as soon as possible the notifications sent to the address: Contestation@youseeme.pro .

Upon receipt of the notification by the Member under Article 18.4 of the present Terms and Conditions, Octave UCME will block access to the membership account and will deactivate the credentials of the Youseeme user account.

Access to the membership account may be unlocked in response to the request of the subscriber.

  • ARTICLE 19.3 – Conservation of assets

Octave UCME will retain the funds paid by the Member, after deduction of the applicable expenses, taxes and Octave UCME processing fees, to a partner of Octave UCME on a bank account opened with special assignment with the Bank of Lemon Way, which is BNP Paribas.

The commissions due to Octave UCME and charges applied to transactions carried out by the Youseeme service will be paid to a bank account opened by Octave UCME with its bank. The closing balances of Youseeme accounts that reached the expiry of the contractual period of inactivity will be paid to the state up until 30 years.

  • ARTICLE 19.4 – Archiving the Logs

Our Partner Lemon Way will retain on an electronic media archive, for seven (7) years, the records and documents of the operations carried out in order to be able to reconstitute them precisely, in particular the operations covered by the regulation of the fight against money laundering and against the financing of terrorism.

  • ARTICLE 19.5 – Inactive Youseeme eWallet accounts

In the case of non-use by the member of his/her account eWallet during a period of four (4) consecutive years, and after three (3) retries by e-mail sent to the last known electronic address of the user that remained unanswered, Octave UCME reserves the right to ask to Lemon Way to order its bank to pay the corresponding sums on a bank account opened for this purpose by Lemon way with this same bank. These amounts will be retained for the duration of the acquisitive prescription and paid to the state after 30 years have elapsed, without prejudice to the right of Octave UCME to put an end to the present Terms and Conditions.

 

ARTICLE 20 – Intellectual property

No intellectual property right relating to the use of the Service Youseeme or benefits made by Octave UCME through the system Youseeme is transferred to members under the present Terms and Conditions.

The Member undertakes not to infringe the rights held by Octave UCME, particularly by refraining from any reproduction, or adaptation of all or part of the intellectual and material components of the Youseeme system and its accessories, and this regardless of the media, current and future.

The whole of the rights to the Youseeme software system are full and whole the property of Octave UCME. They are part of its trade secrets and confidential information without regard to the fact that some components may or may not be protected in the current state of the legislation by an intellectual property right.

The Youseeme system software and, where appropriate, its documentation, are recognized by the member as intellectual work that itself and the members of its staff are obliged to consider it as such in refraining from the copying, reproduction, translation into any other language, adaptation, distribution free of charge or for consideration, or their adjoining to any object inconsistent with their specifications.

The mark “Youseeme” is the property of the company UCME octave. The Member undertakes not to delete the reference to the mark “Youseeme” on any element provided or put at its disposal by Octave UCME, such as software, document or banner advertising.

 

ARTICLE 21 – Privacy

The Member undertakes to respect the most strict confidentiality concerning all the technical, commercial or any other nature which the member would have knowledge of in the framework of the execution of the Youseeme service.

This obligation of confidentiality shall remain in force for the duration of the subscription to the Service Youseeme and after its end, regardless of the cause. This obligation of confidentiality does not apply to information that is or become publicly available without fault of the participant.

 

ARTICLE 22 – Collection and processing of personal data

The company Octave UCME respects all the provisions applicable to the protection of the private life and in particular the Act of 6 January 1978 relative to the protection of privacy with regard to the processing of personal data (Privacy Act). In accordance with the Act, Octave UCME proceeded to the declaration of treatments of personal data to the CNIL.

We invite you to consult the commitments of Octave UCME to the Protection of the data to the following address: Http://www.youseeme.pro/privacypolicy

 

ARTICLE 23 – FORCE MAJEURE

Octave UCME, just as the Member, shall notify the other party by any means available any cases of force majeure to which it would be submitted.

Initially, cases of force majeure suspend the performance of the present contract. If a case of force majeure is in effect for more than four (4) months, the one or the other of the parties may request the termination of the present Terms and Conditions.

The following are expressly considered to be cases of force majeure, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: strikes, total or partial, internal or external to the company, legal or governmental restrictions, legal changes or regulations of forms of marketing, computer failure, blocking of telecommunications, and any other case independent of the will of one of the parties which prevents the normal execution of these terms and conditions by this party.

 

ARTICLE 24 – Suspension and Termination

The temporary and immediate suspension of a Youseeme account may be pronounced by Octave UCME awaiting the member’s corrective actions for his/her situation vis-a-vis Octave UCME, following one of the two following cases:

– If the member has not respected the present Terms and Conditions

– If the member has provided Octave UCME with inaccurate, outdated or incomplete data

The reactivation of the member’s Youseeme account will be at the discretion of Octave UCME.

The Member whose account has been closed by Octave UCME is not authorized, unless with the express agreement of Octave UCME, to open another Youseeme account. Any Youseeme account opened in violation of this provision may be immediately closed by Octave UCME, without notice.

The balance available on the Youseeme account object of the closure will give the right to a withdrawal to the benefit of the Youseeme member under the reserve of current operations and the future defaults, bank rejections, or objections to come.

Octave UCME reserves the right to may bring legal action to repair the damage that it would have suffered as a result of the breach of the Terms and Conditions.

 

ARTICLE 25 – General Information

In the event where administrative formalities would be required for the execution of these Terms and Conditions, Octave UCME and the user will lend each other mutual assistance for the regularization of these formalities.

The Member accepts that Octave UCME can amend at any time its services and/or the terms of the present Terms and Conditions, taking particular account of the technical and factual evolution of the service and of the technologies.

If any of the non-substantive provisions of Terms and Conditions is null in the eyes of a rule of law in force, it will be deemed not to be written, but will not result in the invalidity of the present Terms and Conditions.

The fact that one of the Parties does not avail itself of a failure by the other party with any of the obligations referred to in the present cannot be interpreted for the future as a renunciation of the obligation in question.

In the event of difficulty of interpretation between any of the titles and any of the clauses of the Terms and Conditions, titles will not be taken into account.

 

ARTICLE 26 – Applicable law and jurisdictions

The present Terms and Conditions are governed by the French law.

Except mandatory provision to the contrary, any dispute relating to their execution, their interpretation or their validity will be brought before the courts and tribunals of Aix en Provence, in which the allocation of jurisdiction is expressly made.

 

ARTICLE 27 – Claims, Mediation

The claims (challenges, rights of opposition, access and rectification, etc.) can be exercised free of charge on request addressed to Octave UCME by electronic mail to the following email address: Reclamation@youseeme.pro or by mail to the following address:

Société Octave UCME

805 Avenue Guilibert of the Lauzière

13290 Aix en Provence Les Milles

In accordance with the Recommendation 2011-R-05 of the ACPR of 15 December 2011, an acknowledgment will be sent under ten days maximum. Claims will be processed under a maximum of two months from the date of their receipt.