TERMS AND CONDITIONS OF USE OF CIRKKLE
ON DECEMBER 3, 2024
IT IS IMPORTANT TO READ CAREFULLY AND UNDERSTAND THE GENERAL TERMS AND CONDITIONS OF USE OF CIRKKLE, WHICH CONSTITUTES A CONTRACT. BY ACCEPTING THE GENERAL TERMS AND CONDITIONS OF USE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS HEREAFTER. IF YOU REFUSE TO ACCEPT, YOU WILL NOT BE ABLE TO USE THE SERVICES OF CIRKKLE.
Preamble
(A) Objects of the General Terms of Use
The present General Terms of Use (the "GTU") inform the User about the conditions for accessing the Services, including pricing conditions, and constitute an agreement between the User and Cirkkle. By accepting the GTU, the User agrees to use the Services in accordance with their purposes and under the conditions described in the present GTU.
(B) The Cirkkle Application
The Application is the exclusive property of Cirkkle, a simplified joint-stock company with a capital of 17,335 euros, headquartered at 249 rue Lecourbe, 75015 Paris, France, registered with the Paris Trade and Companies Register under the number 918 626 193.
Cirkkle is registered with ORIAS as a crowdfunding intermediary under the number 23004412 ("Cirkkle").
(C) Provision of Payment Services
Cirkkle is registered with the ACPR as a payment service provider agent, mandated by CentralPay, and registered with REGAFI under the number 736637.
2. DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
Terms with a capital letter will have the meaning given below, unless the context requires otherwise:
Administrator: refers to the creator of a Circle as defined in Article 4.3.2.
Application: mobile application and website www.cirkkle.com that allows access to the Services.
CentralPay: refers to Centralpay SAS, a simplified joint-stock company with a capital of 1,443,750 euros, whose headquarters is located at 19 rue Edouard Vaillant, 37000 Tours, registered in the Tours commercial and companies register under the number 442 441 630, which is authorized as a licensed electronic money institution by the Prudential Control and Resolution Authority.
Circle: has the meaning defined in Article 4.3.2
General Conditions or GCU: refers to these general conditions of use of the Cirkkle Application applicable to Users. The GCU can be consulted on the Application and on the Cirkkle Site by any Visitor. The Visitor must accept them in order to become a User.
GCU PSP: refers to the general conditions of use of a CentralPay payment account, accessible at the following address: General Conditions of Use of a Payment Account.
Client Account: refers to the account and personal space reserved for the User after their registration on the Application containing up-to-date information about the User, and allowing access to the Services.
Account: refers to the payment account opened by the User in the records of the Provider for the purpose of recording debit and credit Payment Operations under the conditions defined by the GCU and by the GCU PSP.
Contributions: refers to the sum defined in Article 4.3.2 that is paid periodically by the Participants of a Circle.
Date of first contribution: actual opening date of a Circle as set by the Administrator upon its creation.
Distribution: refers to the periodic payment of Contributions for the benefit of the Beneficiary Participant under the conditions defined in Article 4.3.2.
Personal Data: refers to the information and personal data that the User recorded when creating their Client Account, during the use of the Services, as well as the personal information collected in connection with the use of the Services or the consultation of the Application.
Force Majeure: refers to force majeure as defined by Article 1218 of the Civil Code and the jurisprudence of the Court of Cassation and French courts, namely an event beyond the control of the debtor of a contractual obligation, which could not reasonably be foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, which prevents the debtor from performing their obligation.
Payment Operation: refers to any action consisting of depositing, transferring, or withdrawing funds from or to the Account, regardless of any underlying obligation between the payer and the beneficiary of the funds.
Participant(s): User who has agreed to participate in a Circle, including the Administrator of said Circle.
Beneficiary Participant: Participant to whom the Contributions are paid back during the Distribution when their turn comes. Each Participant in a Circle becomes, successively and alternately, a Beneficiary Participant.
Party: refers indistinctly to Cirkkle or the User.
Parties: refers to both Cirkkle and the User.
Personal Data Protection Policy: refers to the document accessible and viewable from the "personal data protection policy" tab on the pages of the Application. This document contains information regarding the protection of personal data collected by Cirkkle, including the data collected, the purposes of these collections, the recipients of this information, the retention period of such data, their level of security, the rights of individuals holding this data, etc.
Payment Services Provider: refers to CentralPay.
Service(s): refers to one or more services provided by Cirkkle as defined in Article 3 of the GCU.
Site: refers to the website of Cirkkle, accessible at the following address: www.cirkkle.com.
User: refers to individuals registered on the Application according to the procedure provided by Article 4.2 of the GCU and after accepting these GCU, whose profile has been validated by Cirkkle and the Payment Services Provider.
Visitor: refers to any person who consults the Application without having a Client Account.
2.2 INTERPRETATION
a. References to the preamble and articles are understood, unless specified otherwise, as references to the preamble and articles of the Terms of Use;
b. Words in the plural must include the singular and vice versa;
c. The reference to a person implies a reference to their successors, heirs, or potential rights holders;
d. The reference to a legal provision includes, where applicable, any amendment or new enactment of that provision as well as any legal, regulatory instrument or order relating to that provision or its new enactment; and;
e. The reference to a document refers to that document as it may be amended, replaced by novation, or complemented.
3. OBJECT
The Terms of Use define the obligations of the Parties. They govern the conditions and terms for opening and using a Customer Account and the associated Account, as well as providing Services by Cirkkle and the Payment Service Provider. The Services will consist, under the responsibility of Cirkkle and the Payment Service Provider, of processing the payment flows related to payment Transactions made on the Application by Users in accordance with the rules set forth by the Terms of Use. The Services offered by Cirkkle are:
a. Opening a Customer Account;
b. Opening an Account with the Payment Service Provider;
c. Access to the Circle service;
d. Access to the account management interface (Customer Account and Account) and Circles.
By accepting the Terms of Use, the User declares that they have read and expressly and unconditionally accepted the General Conditions in effect on the day of access to the Site or the Application. Acceptance of the General Conditions implies the unconditional acceptance by the User of the Terms of Use PSP.
4. ACCESS TO THE SITE AND THE CIRKKLE APPLICATION
4.1 PRESENTATION
Will be available for consultation and/or download from the Application and the Site:
a. the Terms of Use;
b. the presentation of Cirkkle, its activities, and the indication of its contact details;
c. a presentation of the Services;
d. an educational explanation of the role of the Service Provider;
e. information for Users about the risks of non-payments related to participation in a Circle;
f. the description of the rates charged by Cirkkle for the use of the Services;
g. information on the conditions and procedures for complaints to Cirkkle;
h. the privacy policy of the Application
Any update of these Terms of Use will be communicated by email to the Users.
4.2 REGISTRATION
4.2.1 Registration Conditions
Every User must acknowledge and recognize:
To be a natural person of legal age, at the date of their registration on the Application, and enjoying full legal capacity under the applicable law;
To reside in France
4.2.2 User Registration – Information to be provided to Cirkkle
To become a User and open a Client Account, the Visitor must register with Cirkkle via the Application, and proceed to each of the following steps:
a. The Visitor must fill out all the mandatory fields in the registration form available in the registration tab of the Application. This form must include his personal details (notably, last name, first name, title, email address, phone number, date and place of birth, country, password);
b. Submit the identification documents requested by Cirkkle and the Payment Service Provider;
c. The Visitor must accept the Terms of Use, after having had the opportunity to review them;
d. The Visitor must accept the PSP Terms of Use; and
e. The Visitor must validate the information of his external payment account that will be used for payment Transactions by using one of the following methods: (i) making a transfer from an account opened in his name to the account indicated by Cirkkle, or (ii) making an initial load of his Account by credit card.
The User expressly authorizes Cirkkle to send these documents and information necessary for the opening of the Account to the Payment Service Provider by electronic transmission and upload to his systems.
4.2.3 Opening the Client Account and validation of the User's registration
When the formalities provided for in a. and b. of article 4.2.2 are completed, the User can directly access their Client Account, but cannot use the Services. The validation of the User's registration and access to the Services occurs once the User meets the registration conditions set out in article 4.2.1 and has completed all registration procedures specified in article 4.2.2. This validation is approved by Cirkkle and by the PSP.
Cirkkle may refuse to proceed with the validation of the Client Account for any reason, without having to justify the reasons for its refusal, particularly for legal, security motivations, or for the preservation of the interests of other Users, Cirkkle, or the Payment Service Provider.
Any refusal by the Payment Service Provider to open an Account in the name of the User, for any reason, will not allow the User to use the Services. Any refusal of access to the Services, by Cirkkle or the Payment Service Provider, will not result in any damages or compensation for any harm suffered by the User.
Once the registration is validated, the User can access their Client Account, their Account, and the Services using their username and password.
The validation of the registration occurs within a period of two working days from the receipt, by Cirkkle of all elements referred to in articles 4.2.1 and 4.2.2, and subject to the absence of requests for additional information from the Payment Service Provider. The User whose registration is validated then has access to the Services.
The User is informed by e-mail of the validation of their registration or the refusal to proceed with the opening of access to the Services and the Account as soon as possible.
4.2.4 Suspension and Closure of the Client Account
Cirkkle reserves the right to immediately suspend and without notice any Client Account, temporarily or permanently, and/or to permanently close the Client Account, in the event of a fault attributable to the User or violation of the General Terms and Conditions by the latter. Such suspension or closure may also occur, without limitation, in the event of freezing or blocking of the Account by the Payment Service Provider, non-payment or arrears on a Circle, negative Account balance, failure to provide additional identification documents or information requested by the Provider or Cirkkle, termination or violation of the PSP GTC, suspension or closure of the Account, or when the User's Account is deemed to be "inactive."
The Client Account and the Account are inseparable. Closing one will automatically result in the closure of the other, unless the Payment Service Provider is replaced by a new one under the conditions set out in Article 11. The terms and conditions for closing the Account are described in the PSP GTC.
4.2.5 User Account Login by Users
After completing all the steps outlined in articles 4.2.1 and 4.2.2, the User will enter their username and password associated with their Client Account; these two elements will be strictly personal and confidential and should not be communicated or shared with third parties, whether orally or in writing. They will allow access to the Client Account designated for each User. The User has the option to recover their password by providing their email address through the "forgot password" section available on the Application.
The User remains solely responsible for the use of their identification elements (username and password) by third parties or actions or statements made through their Client Account as a User, whether fraudulent or not. The User guarantees Cirkkle against any claims in this regard.
Any connection to the Client Account or transmission of data made using the User's identifiers is deemed to have been made by the User, with the User bearing the burden of proof to the contrary.
The User is obliged to inform Cirkkle's customer service without delay, by email or by post, of any loss, misappropriation, or fraudulent use of their identifiers by a third party that has allowed access to their Client Account. This notification must be addressed to the following email address: contact@cirkkle.com
4.3 USE OF SERVICES
4.3.1 Access to the Client Account and Account
The User whose registration is validated can access their Client Account via the Application. The Client Account allows the User to access information regarding themselves and the following elements:
a. The Client Account management interface;
b. The Terms of Use accepted by the User and up to date;
c. The account management interface (viewing the balance, funding the Account, account statements, PSP Terms of Use, etc.);
d. The management interface for Circles.
4.3.2 Opening of a Circle
The opening of the Client Account grants access to the interface for creating Circles. The operational modalities of the Circle are as follows:
a. The Administrator opens a Circle and defines its operating rules, including the amount of Contributions, their frequency, the rules of Distribution, the number of Participants, the Date of the first contribution, etc.
b. The Administrator can then invite people to participate in the Circle. A Circle can consist of a minimum of 5 people and a maximum of 14 people. The Administrator alone has the ability to invite people to participate and cannot delegate this function to another User. Invited persons can be Users or not, it being specified that in order to participate in the Circle, invited persons must first obtain User status and have an active Client Account. The User, if they accept the invitation via their Client Account interface, then becomes a Participant in the Circle to which they were invited.
c. The duration of a Circle is equal to the number of Participants in that Circle. For example, a Circle with 9 Participants will last for 9 months.
d. The amount of a Distribution is limited to 5,000 euros, regardless of the number of Participants. The monthly cap on Contributions is limited accordingly. For example, in a Circle with 8 Participants, the amount of monthly Contributions cannot exceed 625 euros per Participant (8x625= 5,000).
e. A User may not participate in more than 3 Circles simultaneously.
f. Participation in the Circle is irrevocable for Participants from the validation of the invitation on the Application.
g. By accepting their participation in the Circle, the Participant gives the order to proceed with several successive transfers according to predetermined deadlines for the benefit of the consecutive Beneficiary Participants.
h. Participants make the Contribution payment via their wallet by transfer or credit card on the dates set by the Administrator. These payments are accounted for in the Circle and paid directly from the Participants' Accounts to the Beneficiary Participant's Account according to the rules set by the Administrator, this is the Distribution. Participants become Beneficiary Participants in turn at each Distribution deadline.
The User will be informed via their Client Account and by email of the payment deadline for each Contribution. The User thus commits to maintaining a sufficient provision in their Account to proceed with the payment of Contributions. The Circle is solely a technical account for monitoring the payment of Contributions and Distributions among Participants, as well as any potential debts or receivables between them. The Circle does not in any case constitute a payment account or a deposit account in the sense of the law and regulations. The sums and financial flows recorded in the Circle will be enforceable against the User and the Participants under the conditions of Article 14.
In case of an incident:
If a Participant does not proceed with the payment of their Contribution, for whatever reason, including due to insufficient provision in their Account, the Circle and the Distribution are stopped. A statement of the Contributions and Distributions still due can be established by Cirkkle at the request of a Participant regarding the Circle. An acknowledgment of debt can also be issued upon request sent by email to the address contact@cirkkle.com. The Circle stops the amount of debts and receivables of each Participant, including the Participant who has not proceeded with the payment of their Contribution. Each Participant then takes personal responsibility for recovering any sums that may be owed to them.
4.4 REMUNERATION OF CIRKKLE AND FEES RELATED TO SERVICES
4.4.1 Rates
As part of its compensation, Cirkkle takes 2.8% from each Distribution. No other fees related to the Services and death guarantee are charged to the User.
4.4.2 Client Accounts and Inactive Accounts
Cirkkle reserves the right to close the User's Client Account that is considered inactive within the meaning of the PSP Terms of Use.
Cirkkle may charge the User whose account is inactive administrative management and monitoring fees. These fees will be charged annually to the user of inactive accounts and deducted directly from the User's Account.
5. USER WARNING
The Services and the operation of the Circles imply that Users participating in a Circle, as either a Participant or an Administrator, pay their Contributions in accordance with the specific operating rules of each Circle.
Participating in a Circle involves a risk of non-payment if a Participant fails to make their Contribution. It is therefore recommended that Users only participate in Circles where they personally know all Participants.
Cirkkle does not guarantee Users against the eventual occurrence of one or more non-payments.
Cirkkle recommends that the User not create or participate in Circles whose Contribution amounts would be too significant in relation to their income and availability.
Important: participating in a Circle commits the User to pay all Contributions specified by the Circle's specific operating rules and for the entire duration of it, irrevocably.
6. USER OBLIGATIONS
The User has, in general, the following obligations: (i) to respect the access conditions to the Site and the Application in accordance with article 4.2, as well as the operating rules of the Circles and the associated obligations in accordance with articles 4.3 and 4.4, (ii) to provide accurate and faithful data regarding their civil status and any supporting document or any additional document required by Cirkkle or the Payment Service Provider by law or for security purposes, (iii) to complete any form and sign any agreement presented as necessary to access the Services, unless they proceed with the immediate closure of their Customer Account, (iv) to behave fairly towards Cirkkle, the Payment Service Provider, and other Users, and to use the Services in accordance with their intended purpose, (v) not to make any commitments on behalf of a third party, (vi) not to disrupt or attempt to disrupt the functioning of the Site, the Application, or the Services, and (vii) to use the Services for lawful purposes.
In case of violation of the rules set forth by the General Conditions, and more particularly this article, Cirkkle reserves the right to suspend the User's access to the Site, the Application, or the Customer Account or the Services, or even to terminate the General Conditions of Use with respect to the User with immediate effect.
6.1 INTELLECTUAL PROPERTY
Cirkkle grants the User a personal, non-exclusive, non-transferable, revocable right to use the Cirkkle mobile applications, API, and website solely for the purpose of using the Services. The User acknowledges that the sole use of these mobile applications, API, and Cirkkle website does not allow them to claim any intellectual property rights of any kind over them.
Cirkkle retains exclusive ownership of the rights associated with the Cirkkle mobile applications, API, and website, as well as all of their content, including names, trademarks, domain names, logos, or other distinctive signs it holds. The reproduction of these elements is only permitted for informational purposes or reproduction for strictly private use.
7. ACCESSIBILITY AND TECHNICAL FUNCTIONING OF THE SITE AND THE APPLICATION
7.1 ACCESSIBILITY
The Application is available every day of the year (including holidays and weekends) at any time of day and night, subject to occasional maintenance and updates of the computer databases.
However, while Cirkkle has taken all necessary steps to ensure the reliability of the information, software, and Services accessible through the Application, it cannot be held responsible for errors, omissions, viruses, or the results that may be obtained or may result from improper use of these.
The User acknowledges that their access to the Services may occasionally be restricted to allow for error correction, maintenance, or the introduction of new features or new services.
The User must ensure that they are equipped with hardware compatible with the Application and have installed the necessary updates for the proper functioning of the Service. The User is responsible for the rental or acquisition, installation, and maintenance of the hardware and the rights to use the software.
The User must have ensured, under their responsibility, the compatibility of their hardware terminal with the Services and have installed all necessary updates for the proper functioning of the Services, available on application stores.
Even though Cirkkle makes its best efforts to optimize compatibility, it cannot guarantee the operation of the Services with all existing terminals.
Consequently, Cirkkle is not involved in any dispute that may arise between the User and the hardware supplier or in the use of fixed or wireless telecommunications networks and their access providers.
8. COMPLAINTS
8.1 Exclusions
Claims concerning the relationships between two Users, particularly related to an unpaid amount within a Circle, or between a User and a third party are not admissible before Cirkkle.
8.2 Claim regarding a Payment Operation – Dispute of a Payment Operation
The T&Cs PSP define the rules applicable to claims or disputes that may be raised by the User in connection with payment Operations, as well as the procedures for these claims or disputes.
The same applies to the request to refund the payer for a payment Operation previously credited to the Account.
8.3 Services other than a Payment Operation
Any dispute must be notified by email or postal mail by the User to Cirkkle as soon as possible.
Cirkkle will acknowledge receipt of the complaint within a maximum of two (2) working days and will make its best efforts to process said complaint within a maximum of one (1) month from its receipt and, in any case, will handle it within a period of less than two (2) months from its receipt.
Complaints can be made free of charge by request addressed to Cirkkle:
1. by email at the following address: contact@cirkkle.com or
2. by mail at the following address: 249 rue Lecourbe, 75015 Paris
9. RESPONSIBILITY
9.1 NATURE OF LIABILITY
Cirkkle assumes no obligation other than that of means within the framework of the Services. Its liability can only be engaged under the conditions of common law, in respect of direct and foreseeable damages suffered by the User in accordance with the provisions of Articles 1231-3 and 1231-4 of the Civil Code. Cirkkle cannot be held responsible for data losses, loss of profits, loss of any opportunity regardless of the consequences, loss of image, or damage to reputation. Cirkkle will not be liable for any malfunction, any error, any inaccuracy, or any improper result attributable to a fault or negligence on the part of a User.
9.2 GENERAL LIMITATION OF LIABILITY
Cirkkle shall not be held responsible to the User for any degradation, suspension, or interruption of the Services attributable to Force Majeure as defined by French law and jurisprudence.
9.3 SPECIFIC EXCLUSIONS OF LIABILITY FOR FAILURE OR FUNCTIONING OF COMMUNICATION NETWORKS
The User acknowledges that Cirkkle has no control over the transfer of data through public communication networks, such as the Internet, and over the operation of these networks. The User acknowledges and accepts that Cirkkle cannot guarantee the confidentiality of data during its transfer over public networks.
Consequently, Cirkkle shall not be held liable in case of any diversion, interception, corruption of data, or any other event that might affect said data occurring during their transfer over public telecommunication networks. Cirkkle does not guarantee the compatibility of the Application with all browsers on the market or with all mobile operating systems.
FAILURE OF RELIABILITY OR OPERATION OF NETWORK OPERATORS OR INTERNET SERVICE PROVIDERS
Cirkkle shall not be held liable for damages resulting from difficulties accessing the Application due to disruption by network operators or internet service providers, or from network congestion.
MALFUNCTION OF EQUIPMENT OR USER ERROR / FAULT OF THE USER
Cirkkle shall not be held liable for damages resulting from a failure in the User's IT installations and equipment and/or improper use or handling by the User, fault or negligence of the User, or from use of the Application contrary to the General Terms and Conditions.
SECURITY AND DATA
Cirkkle commits to making its best efforts and to complying with the state of the art in security to ensure that access to Cirkkle's IT installations and equipment is protected in a manner that limits the risk of unauthorized third-party access to the User's confidential data. However, Cirkkle cannot be held responsible for technical problems and incidents that may arise despite the measures implemented.
UNPAID AMOUNTS
The selection of Participants in a Circle is solely the responsibility of the Administrator, excluding Cirkkle, which does not intervene at any time in this selection. The User decides, under their own responsibility, whether or not to participate in a Circle, as a Participant or an Administrator. It is their responsibility to ensure the seriousness of the Participants and their solvency.
Cirkkle again draws the User's attention to the risks associated with participation in a Circle. The User confirms having taken notice of the warning regarding the risks of unpaid amounts. Cirkkle therefore assumes no responsibility for any damages suffered by the User following the occurrence of such a risk. The User is solely responsible for examining the tax rules applicable to participation in a Circle.
FAILURES COMMITTED BY THIRD PARTIES
Cirkkle cannot be held liable for damages resulting from the behavior of third parties, particularly from contractual or tortious breaches committed by the Payment Service Provider.
10. PERSONAL DATA - CONFIDENTIALITY OF COLLECTED DATA
Cirkkle provides Users with a document related to the Personal Data Protection Policy collected in connection with the use of the Services and the Application. This document is accessible at any time by the User on the platform. The User is notified as soon as possible when the document related to the Personal Data Protection Policy is modified.
11. VALIDITY, MODIFICATIONS AND TERMINATION
The General Terms and Conditions take effect from their publication on the Application and remain in force until their partial or total modification by Cirkkle. Cirkkle may modify the General Terms and Conditions at any time. The User is notified as soon as possible by email when the document related to the General Terms and Conditions is modified. The User may refer to the latest version of the General Terms and Conditions which will be accessible on the Application and the Site at the date of consultation of the Application and the Site.
The User may refer to the latest version of the General Terms and Conditions which will be accessible on the Application and the Site at the date of consultation of the Application and the Site. Cirkkle also reserves the right to modify or evolve the Application, the Services, or their price or access conditions at any time. These modifications will take effect as soon as they are published online on the Application and, concerning Users, within thirty (30) days from the notification of the modified General Terms and Conditions to Users.
Any access to the Client Account or use of the Services after the entry into force of the modified General Terms and Conditions constitutes a pure and simple acceptance by the User of the new General Terms and Conditions that have been notified to them. The GTU apply to the User until the closure of their Client Account.
For access to certain sections of the Application, the General Terms and Conditions may be supplemented by specific conditions that will be directly addressed to the User and must be accepted by them.
The User can obtain a copy of the General Terms and Conditions in paper format upon simple written request addressed to Cirkkle (email: contact@cirkkle.com – postal address: Société CIRKKLE – Customer Service – 249 rue Lecourbe, 75015 Paris). The General Terms and Conditions constitute an indefinite duration contract; each Party may terminate it under the following conditions:
(a) by the User at any time and without notice; .
(b) by Cirkkle at any time with a thirty (30) days notice unless in the case referred to in (c);
(c) by Cirkkle, after a formal notice that has remained unsuccessful for fifteen (15) days, in case of a sufficiently serious breach by the User of their obligations contained in these General Terms and Conditions.
Notwithstanding this termination, for Participant Users of a Circle before the effective date of the termination of the General Terms and Conditions, the rights and obligations of the Parties, including towards the Participants, provided by the General Terms and Conditions will continue until the end of the Circle. The User will then only have access to their Client Account for the monitoring of ongoing Circles before the termination of the General Terms and Conditions without being able to create or participate in new Circles.
The General Terms and Conditions and the GTU PSP are linked, the termination of one will automatically result in the termination of the other, unless in the case where the Payment Service Provider is replaced by a new partner of Cirkkle who will be in charge of managing the payment flows. In this latter case, the termination of the GTU PSP will not automatically lead to the termination of the General Terms and Conditions. It will then be offered to the User either to subscribe to the general terms of use of the services of the new partner or to terminate the General Terms and Conditions.
12. NOTIFICATIONS
12.1 NOTIFICATION MODES
Any notification, request or communication made in execution of the General Terms and Conditions must be made by a written document addressed, by any means, to the party concerned.
12.2 RECIPIENTS
Any notification, request or communication to be made and any document to be delivered by one Party to another Party in execution of these will be carried out in accordance with the indications set out below:
(a) Regarding Cirkkle: 1. Request for information: Attention to Cirkkle's customer service, either by email: contact@cirkkle.com, or by postal mail: CIRKKLE Company – Customer Service – 249 rue Lecourbe, 75015 Paris, or via the dedicated form available on the Site or the Application; 2. Complaint: Attention to Cirkkle's complaints service, either by email: contact@cirkkle.com, or by postal mail: CIRKKLE Company – Complaints Service – 249 rue Lecourbe, 75015 Paris
(b) Regarding the User: at the choice, to the postal address, to the phone number, to the email address indicated by the User on their Client Account, and in the name of the person also indicated by the User on their Client Account.
12.3 NOTIFICATIONS ARE DEEMED TO BE MADE:
(a) by registered letter with acknowledgment of receipt: on the date of the first presentation of the registered letter by the postal services, the date indicated on the receipt serving as proof of the date;
(b) by electronic communication: on the date of receipt by the Cirkkle servers.
13. MISCELLANEOUS PROVISIONS
13.1 DIVISIBILITY
In the event that one or more provisions contained in the General Terms and Conditions are declared null and void, the validity of the other provisions herein is in no way affected. The provisions declared null and void will, in accordance with the spirit and purpose of these terms, be replaced by other valid provisions that, given their scope, come as close as possible to the provisions declared null and void.
13.2 INTEGRITY
Unless otherwise stipulated, the General Terms and Conditions, including the PSP Terms of Use, contain in a complete and exclusive manner all the terms applicable to the subject matter hereof and cancel and replace all previous negotiations, communications, statements, and commitments, whether oral or written, between the Parties regarding the subject matter hereof. The General Terms and Conditions and the PSP Terms of Use take precedence over any information medium, including any specific conditions that may complement them. In the event of a contradiction between the General Terms and Conditions and the PSP Terms of Use, the latter shall prevail over the User.
13.3 USER INDEPENDENCE
The User uses the Application and the Services completely independently and under their own responsibility.
13.4 ASSIGNMENT
Cirkkle reserves the right to assign all or part of its rights and obligations under these General Conditions to any third party of its choice, which the User accepts without reservation.
14. EVIDENCE
14.1 General provisions
In accordance with articles 1363 and following of the Civil Code, the User acknowledges and agrees that:
1. The information provided by Cirkkle by email, on the Site and the Application shall be deemed valid between the Parties until proven otherwise and holds the same probative force as a handwritten document;
2. All data included in Cirkkle's computer database related in particular to the Services, the requests and confirmations received from the User, the notifications sent, access, withdrawals, refunds, etc., shall be deemed valid between the Parties until proven otherwise.
14.2 User Activity Logging
The User is informed and expressly agrees to the recording of all actions that they may perform in the context of using the Site and the Application and the Services, including:
1. Communication of any information in the form of a string of characters via forms present on the Site or the Application (registration, creation and participation in a Circle, etc.),
2. “Clicks” made on hyperlinks or elements of the graphical interface of the Site and the Application using any device (keyboard, mouse, screen, etc.) and any electronic system (computer, touchscreen electronic device, etc.).
These recordings aim to meet the legal and regulatory obligations to which Cirkkle is subject, and may be communicated to the Payment Service Provider for the purposes of providing the Services or to comply with a legal obligation. This information may also be communicated to an administrative or judicial authority, notably to the Prudential Control and Resolution Authority (ACPR).
14.3 Document Recording
The User is informed and expressly agrees to the recording of documents, acts, or agreements that are accessible to them in the context of the use of the Site, the Application, and the Services, of which they will have become aware or accepted the terms by any means. These recordings are intended to fulfill the legal and regulatory obligations to which Cirkkle is subject, and may be communicated to an administrative or judicial authority, including the Prudential Control and Resolution Authority (ACPR), as well as to the Provider.
14.4 Relationships Between Users
By the nature of the Services, Users are intended to interact with each other. The User acknowledges and accepts, in accordance with Articles 1368 and 1363 and following of the Civil Code, that:
1. The information provided by Cirkkle by email or on any medium accessible from the Client Account, on the Application is binding between Users until proven otherwise and holds the same evidential weight as a handwritten document;
2. All data recorded in Cirkkle's computer database relating in particular to the Services, to the Circle, to requests and confirmations received from the User, to notifications sent, to accesses, withdrawals, refunds, etc., will be binding between Users until proven otherwise.
15. APPLICABLE LAW – ALTERNATIVE DISPUTE RESOLUTION METHODS - COMPETENT JURISDICTION
15.1 Applicable law
The present General Conditions as well as the pre-contractual relations between the Parties are governed by French law.
This applies to both substantive and formal rules, notwithstanding the places of execution of substantial or ancillary obligations, subject to mandatory provisions that may apply to the User in their capacity as a consumer.
15.1 Applicable law
The present General Conditions as well as the pre-contractual relations between the Parties are governed by French law.
This applies to both substantive and formal rules, notwithstanding the places of execution of substantial or ancillary obligations, subject to the mandatory provisions that may apply to the User in their capacity as a consumer.
15.2 Alternative dispute resolution methods
15.2.1 Consumer dispute mediation device
The User is informed of the possibility that is offered to them to resort free of charge, in case of a dispute regarding these General Conditions, to a consumer mediator in order to achieve an amicable resolution of a dispute that might oppose them to Cirkkle. To this end, Cirkkle guarantees Users effective recourse to a mediation system for consumer disputes.
CIRKKLE acting as an agent of the Payment Service Provider, Users can contact the consumer mediator of AFEPAME:
Postal address: c/o WEBHELP – Zac de Gray – Impasse Clément Ader 70100 Gray Email address:
Website: contact@mediateur-consommation-afepame.fr https://mediateur-consommation-afepame.fr/
15.2.2. Online Dispute Resolution Platform
The User is also informed of the existence of a European online dispute resolution platform to which they can resort to resolve a dispute arising from these terms and opposing Cirkkle. This platform can be accessed by clicking on this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
15.3 Competent jurisdiction
In case of a dispute regarding the interpretation or execution of the General Conditions, the competent jurisdiction will be determined in accordance with the provisions of common law governing the relations between a consumer on the one hand and a professional on the other, namely:
1. Concerning territorial jurisdiction:
a. The claimant may, at their option, refer to one of the territorially competent jurisdictions under the civil procedure code, namely the jurisdiction of the place of residence or registered office of the defendant, or the jurisdiction of the place of actual delivery of the item or the place of performance of the service;
b. The User may, at their option, in addition to the aforementioned jurisdictions, refer to the jurisdiction of the place where they resided at the time of the conclusion of the contract or at the occurrence of the damaging event;
2. Concerning the jurisdiction of attribution: it will be determined based on the common law rules relating in particular to the judicial organization according to the subject matter and/or the amount of the claim.