General terms and conditions

for customers (21.09.2022)

 

General terms and conditions

Important note: Only the original German version is binding. The translated versions are for reference purposes only.

Table of contents

Preamble
01. Contractual partners and scope
02. Registration and conclusion of contract
03. Customer area, inactivity
04. Customer obligations
05. Charges
06. Payment transactions
07. Cashback
08. Customer cards
09. Intellectual property, advertising material and other benefits
10. Breach of contract, liability and indemnification
11. Warranty
12. Liability of the platform operator
13. Duration and termination of the contract
14. Amendment of the GTC
15. Applicable law and place of jurisdiction
16. Other agreements

Preamble

W4F GmbH (Work for Fintech), a subsidiary of Fintech Payment Solutions Group, operates an electronic platform ("Marketplace") that online and stationary retailers and other entrepreneurs ("Partners") can use for the sale of goods and services. The following General Terms and Conditions ("GTC") govern the use of the Marketplace by customers of the Partners ("Customers").

For better readability, the masculine form is used for personal names and personal nouns on this website. Corresponding terms apply in principle to all genders for the purposes of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.

 

01. contracting parties and scope of application

1.1 The contractual partner of the Partner is W4F GmbH, Leopoldstraße 244, 80807 Munich ("Platform Operator").

1.2 The GTC apply to all customers newly registered as of the date of online publication shown above or pre-existing customers who have agreed to their validity.

1.3 Contracts for the purchase of goods and services by means of the marketplace shall be concluded exclusively directly between the customers and the Partner. The advertisements placed in the marketplace do not represent offers of the platform operator in any case. The platform operator is neither a broker nor a representative of the partners, nor a buyer or seller of the goods and services offered on the marketplace. The Partners shall be exclusively responsible for the content of the advertisements on the marketplace, the fulfillment of the statutory labeling obligations, the mandatory statutory information and confirmation obligations in distance selling, the information obligation regarding the statutory right of withdrawal and the content of their terms and conditions as well as all other obligations in connection with the initiation, execution and settlement of contracts between customers and Partners.

1.4 General terms and conditions or other deviating conditions of the customer shall only apply if the platform operator has expressly accepted them in writing. The validity of individual terms and conditions or clauses of the customer that deviate from or supplement these GTC is excluded, even if the platform operator has not objected to them.

 

02 Registration and conclusion of contract

The use of the marketplace requires a registration of the customer including the acceptance of these GTC. The registration of the Customer shall take place exclusively online via the website www.juna-pay.com or on the app for mobile devices ("App"). The customer shall fill out the registration form completely, carefully and truthfully. All entries can be revised at any time until the registration is completed.

    •  Registration also implies acceptance of the general terms and conditions of the payment service provider, MANGOPAY S.A. Luxembourg ("MANGOPAY", www.mangopay.com) and dedified Germany UG ("dedified", www.dedified.com) as the technical service provider of the platform operator.
    •  Legal entities and natural persons who have reached the age of 18 are entitled to register.
    •  After sending their registration, customers will receive an e-mail to the e-mail address they have provided, which contains a link to confirm the registration. Upon receipt of the link, a contract is concluded between the customer and the platform operator if the customer fulfills the conditions for use. The acceptance of the registration application can be refused by the platform operator without giving reasons.

     

    03. customer area, inactivity

    3.1 Upon completion of registration, the Customer's personal user area ("Customer Area") shall be activated on the Marketplace. In addition, after successfully setting up the payment account with the payment service provider, the customer will receive access to his payment account ("payment account") via the customer area for the processing of payment transactions. Customers can access their Payment Account with their username and password either via the App or via the website www.juna-pay.com. The username and password are determined by the customer during the registration process. The platform operator cannot change data in the customer area.

    3.2 The platform operator will ensure compliance with the applicable statutory data protection regulations. Details are regulated in the data protection declaration, which is to be taken note of in the course of registration.

    3.3 The Platform Operator may deactivate the Customer Area in whole or in part without prior notice in the following cases:

    • Deactivation is in the presumed interest of the customer (e.g. in the event of misuse by third parties),
    • there are reasonable doubts about the customer's compliance with the contractual obligations or
    • there is a suspicion that the customer is using or has used the customer area improperly, i.e. for illegal or immoral purposes, in particular unlawfully damaging the platform operator, a partner or other third parties.

    3.4 Reasons for blocking by MANGOPAY for the payment account are not affected by this.

    •  The customer will be informed immediately about the deactivation. The platform operator will give the customer the opportunity to eliminate the reasons that make the deactivation necessary. The deactivation can be maintained until the reason for the deactivation no longer applies.
    •  If the customer is responsible for the reason for the deactivation, the customer may be charged fees of up to EUR 50 for the deactivation and activation as well as other costs incurred by the platform operator due to the deactivation. The customer has the possibility to prove the occurrence of a lesser or no damage or expense; in this case, the fee or the reimbursement of costs shall be reduced accordingly.
    • If no activities of the customer in the customer area can be determined for a period of more than 12 consecutive months, the platform operator is entitled to charge fees according to the applicable fee table. If no credit is available on the payment accounts for more than 12 months, the contract may be terminated.

       

      04. obligations of the customer

      4.1 Changes to the customer's data must be made immediately via the customer area.

      4.2 The customer shall comply with all security instructions and other duties of care recommended by the platform operator, in particular to protect all devices used by him for the use of the marketplace from unlawful access by third parties, to regularly back up data to protect against data loss and to carefully store access data, passwords and PINs and not to disclose them to third parties.

      4.3 The Customer is obliged to notify the platform operator immediately in case of loss of access data or passwords or other signs of abuse of his customer area. Alternatively, he can contact MANGOPAY directly.

       

      05. charges

      The use of the marketplace is free of charge for customers. If charges are levied, these are set out in the overview of charges which is part of these GTC.

       

      06. payment transactions

      6.1 The use of the marketplace requires participation in the payment system provided by MANGOPAY. The payment transactions are carried out exclusively by MANGOPAY. This requires the opening of a payment account with MANGOPAY, in which the customers have to cooperate. Details can be found in the General Terms and Conditions of MANGOPAY, which must be accepted upon registration. In the opening of the payment account customers are supported by dedified, whose contractual conditions are also to be recognized.

      6.2 Upon request, customers shall identify themselves to MANGOPAY for anti-money laundering purposes. The required documents are uploaded via the app.

      6.3 The payment account is kept in "UNA", i.e. in the Marketplace euros are referred to as UNA. One UNA is one euro, one hundredth of a UNA is one eurocent. Balances on the payment account do not bear interest.

       

      07. cashback

      7.1 The use of the marketplace and payment transactions enables participation in the cashback system. Cashback can only be collected from those partners who offer it. The participating partners and the amount of the cashback will be published in the app and on the website www.juna-pay.com. The customer has no claim against the platform operator for the payment of cashback. The platform operator has no influence on and no responsibility for the granting of cashback and its amount.

      7.2 Cashbacks shall be calculated in UNA (see Section 6.3). The prerequisite for the crediting of UNA is the conclusion of a cashback-eligible underlying transaction with a partner who participates in the cashback procedure. The cashback amounts to at least 1% of the gross price of the goods or services purchased by the customer from the partner. Amounts smaller than 1/100 UNA are recorded in the customer area, but credited to the payment account only when they add up to at least one 0.01 UNA.

      7.3 The cashback shall be credited immediately after an underlying transaction in bricks-and-mortar retail, subject to the minimum amount in Clause 6.2 sentence 4. In the case of an underlying transaction in online commerce, the cash back shall initially be provisionally recorded in the customer area and marked as "outstanding" until the final crediting.

      7.4 If a credit is shown on the customer's payment account, the customer shall also be entitled to it in the event of a reversal of the underlying transaction.

      7.5 Amounts on the Customer's payment account may, at the Customer's option, be used for purchases on the Marketplace, transferred to the payment account of other Customers or to the Customer's account with its principal bank. Fees may be charged for transfers to other customers as well as for payouts in accordance with the current overview of fees. Transfers can only be accepted and executed from an equivalent value of 0.01 euros.

       

      8. loyalty cards

      8.1 Customers may receive customer cards from the Partner. Customer cards can be obtained in the form of physical customer cards or via an invitation link.

      8.2 Cashback can also be collected by means of the customer cards. However, payment is only possible via the customer area using the app. Customer cards are not payment cards.

       

      9. intangible assets, advertising materials and other benefits

      9.1 All intellectual property rights associated with the Platform or its Services (including copyrights, patents, trademarks, domain names, etc., whether registered or not) are the property of the Platform Operator or its licensors.

      9.2 Logos, trademarks, texts and other content on the website www.juna-pay.com or on the app are protected by trademark and copyright. Customers may not use materials, content or trademarks of the platform operator - in whole or in part - in any form or in any way for their own purposes, in particular not reproduce, distribute, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, renew, modify, edit, translate, adapt or otherwise use without authorization.

      9.3 All presentation, advertising, training and film materials etc. (including photographs) of the platform operator or a company belonging to the group are protected by copyright. They may not be exploited by the customer without the express written consent of the platform operator, neither in whole nor in excerpts in any form whatsoever, in particular they may not be reproduced, distributed, made publicly accessible or edited, unless this is expressly permitted according to these GTC.

      9.4 Any intangible goods associated with platform services, in particular the software, shall remain with the platform operator or the respective rights holder. The customer shall receive a non-transferable and non-exclusive right to use these rights in accordance with the contract for the duration of its registration. The customer shall not be entitled to any further rights.

       

      10. breach of contract, liability and indemnification

      10.1 The customer shall remedy any violations of contractual provisions or mandatory statutory provisions without undue delay after becoming aware of them, but no later than within 14 days after being requested to do so by the platform operator.

      10.2 The customer shall be liable for all damages incurred by the platform operator due to a culpable violation of contractual provisions or provisions of mandatory law by the customer.

      10.3 The customer undertakes to indemnify the platform operator against liability in the event that claims are asserted against the platform operator by third parties due to the customer's culpable violation of contractual provisions or provisions of mandatory law. In particular, the customer undertakes to reimburse the reasonable and typical costs, in particular attorney's fees, court costs and other costs associated with the legal action, which the platform operator reasonably incurs in this context.

       

      11. warranty

      11.1 The platform operator undertakes vis-à-vis the customer to operate the marketplace in accordance with the provisions of this agreement and with due care and shall always endeavor to ensure that its services are available at all times and without any problems.

      11.2 The platform operator does not guarantee the continuous uninterrupted and trouble-free functioning of its services, such as certain transmission times and speeds, the constant accessibility of the website www.juna-pay.com, content and services created by third parties or customers or retrievable from them, absolute protection of its marketplace against unauthorized access, protection against malicious software, viruses, spamming, Trojans, phishing attacks, and other illegal acts by third parties, as well as data loss due to malfunctions.

      11.3 For the implementation of technical measures (server, capacity limits, maintenance, security, app updates, etc.), the platform operator reserves the right to temporarily limit its services. This does not constitute a defect.

      11.4 The platform operator does not guarantee the creditworthiness of partners, their provision of services or the fulfillment of obligations arising from the underlying transaction between the customer and the partner. The platform operator also does not guarantee that a certain number of partners is connected to the marketplace.

       

      12 Liability of the platform operator

      12.1 In the event of damage caused to the customer by the platform operator, a legal representative or vicarious agent, the platform operator shall only be liable for intent and gross negligence. Excluded from this limitation of liability are damages resulting from injury to life, body or health as well as the violation of cardinal obligations. Cardinal obligations include such obligations whose breach would jeopardize the respective purpose of the contract and on whose fulfillment the customer may therefore legitimately rely.

      12.2 The platform operator assumes no responsibility and shall not be liable for the content, accuracy, completeness or timeliness (including the availability of products and services) of the advertisements created by the partners, nor for the conclusion, fulfillment or enforceability of a contract concluded via the marketplace between a partner and a customer. The platform operator is also not liable for the products and services offered on the marketplace (neither from warranty, guarantee nor from damages, product liability or other legal provisions).

       

      13. duration and termination of the contract

      13.1 These GTC shall apply for an indefinite period of time subject to their amendment.

      13.2 The contract shall terminate automatically in the following cases:

      • with the death of the customer,
      • with the termination of the customer's company,
      • or upon termination of the payment account agreement with MANGOPAY.

      13.3 A Customer may terminate this Agreement at any time in writing by giving 30 days' notice to the end of the month.

      13.4 The right of both parties to terminate the contract without notice in the event of good cause shall remain unaffected. Good cause shall be deemed to exist for the platform operator in particular if

      • there are indications that the customer is using the services of the platform operator for purposes that are in breach of the contract;
      • a competent court or authority issues a legally binding order to the platform operator not to continue providing the services to the customer;
      • there is reason to believe that the customer has provided incorrect or incomplete information when concluding the contract;
      • the customer is in default of payment or performance towards the platform operator after two reminders.

      For the customer an important reason exists if

      • payment orders are not executed without giving reasons, or
      • the statements prove to be erroneous and, after request, are not corrected within 10 days of the request being sent.

      14. amendment of the GTC

      14.1 The platform operator is entitled to amend and supplement these GTC at any time. Amendments and supplements may be made in particular to adapt to applicable law or to implement changes to the contractually agreed services. The platform operator will notify customers of the amended or supplemented GTC in writing or in electronic form at least thirty (30) days before they come into force. The amended or supplemented GTC shall become effective if the customer does not object to them in writing within the aforementioned period or acknowledges the amended GTC by continuing to use the customer area. The platform operator will point out these consequences to the customer separately within the scope of the notification. In the event of a timely objection by the customer to the amendment or supplement, the platform operator shall be entitled to terminate the contract properly with a notice period of 10 banking days. Other rights of termination remain unaffected by this. For change of the general terms and conditions of MANGOPAY, the regulations contained therein apply.

      14.2 Furthermore, the Customer shall accept changes to the GTC for technical and operational reasons to the extent that such changes are beneficial to the Customer or result in a merely negligible reduction in performance without affecting material provisions of the contractual relationship.

       

      15 Applicable law and place of jurisdiction

      15.1 These GTC shall be governed exclusively by German law, excluding its conflict of law rules and excluding the law of the UN Convention on Contracts for the International Sale of Goods.

      15.2 The place of jurisdiction shall be governed by the respective applicable statutory provisions.

       

      16. other agreements

      16.1 The customer agrees that the platform operator communicates with the customer in principle via e-mail or via the publication of notices on the current website. The Customer undertakes to set up and maintain its e-mail account in a manner that ensures that any communication is acknowledged.

      16.2 Ancillary agreements, amendments or supplements to these GTC, special provisions or other contractual documents shall require text form to be legally effective, subject to stricter statutory provisions. This shall also apply to the waiver of the text form requirement.

      16.3 The platform operator expressly reserves the right to involve third parties in the performance of its obligations under this contract or to transfer the business operations in whole or in part to third parties. Furthermore, the platform operator may transfer the contract to third parties without the customer's consent.

      16.4 The Customer may transfer individual or all rights and obligations under this Agreement to third parties only with the written consent of the Platform Operator.

      16.5 These GTC have been prepared in the German language. The German language shall be authoritative for any interpretations that may be required. Any translation is for explanatory purposes only and shall not be legally binding.

      16.6 Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions and all contracts concluded under these GTC. The invalid provision shall be replaced by a valid provision which corresponds mutatis mutandis to the original provision. This applies accordingly to loopholes.

       

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