General terms and conditions of services

Preamble

The website www.tonteo.com, the Tonteo.com web application and the Tonteo.com blog (hereinafter referred to as the “Platforms”) are published on behalf of the Association Solidarité et Partage – a non-profit association – by the company TONTEO SAS, registered in the Lyon Trade and Companies Register under number 821 014 099 with a registered capital of €10 400, whose registered office is located at 24, rue de Tourville 69007 LYON (hereinafter referred to as “TONTEO”).

Any natural person, acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity accessing the Platforms is considered as a user (hereinafter referred to as the “User(s)”).

TONTEO is a company that connects savers who are excluded from banking services or who have decided to no longer use traditional banking services. TONTEO provides a secure savings service via the tontines system and allows you to consult the amount available in the tontine at any time on its Platforms.

You can contact TONTEO by phone +33(0)984085694 and e-mail: contact@tonteo.fr

Article 1 – Application/enforceability of the GTC 

These general terms and conditions of service (hereinafter referred to as the “T&Cs”) govern the entire relationship between TONTEO and the Users of the services provided by TONTEO (hereinafter referred to as the “Service(s)”) on the Platforms to the exclusion of any other conditions.

The T&Cs are deemed to have been accepted without reservation by the User, as soon as he declares that he has read them and expressly accepted them by ticking the box “If you accept the association’s statutes and internal regulations as well as TONTEO’s General Conditions of Service, please tick this box” provided for this purpose.

Subscribing to a Service on the Platforms implies that Users agree to the latest version of the TOS. The applicable T&Cs are those available on the

Platforms and printable by the User from the Platforms. TONTEO reserves the right to modify the T&Cs at any time.

Article 2 – Description of the Services

TONTEO presents the Services on its Platforms. In particular, the Services enable Users to manage their tontine activity online, but also to find and meet new Users via the social network and create new online tontines with them.

The Platforms mention all the essential characteristics of the Services that are communicated to the User before subscribing to a Service.

For any clarification regarding the characteristics of the Services, please refer to the tab “How does it work? “or “FAQ” on Platforms. TONTEO reserves the right to make any changes it deems necessary to the Services at any time.

When creating each online tontine, Users define the rules for depositing and using the sums available within the tontine. The User who creates the tontine online becomes the president, a role that he/she can transmit to another User by a majority of the tontine’s members.

Article 3 – Creating an account

Access to the Platforms by the User requires an account (hereinafter referred to as “Account(s)”).

To create an Account, the User must:

  • Have a telephone with a country code and a valid e-mail address and provide TONTEO with true and accurate information,
  • Choose a User name,
  • Choose a password of at least 6 alphanumeric characters.

The User is informed that he or she can create an Account with his or her Facebook account.

Each User may only have one Account. If TONTEO learns that the User has several Accounts, TONTEO will delete all of the User’s Accounts under the conditions set out in Article 10 below.

The User is solely responsible for the activity of his Account. At no time must the User reveal the password of his Account to a third party, including a third party who claims to be the holder of the Platforms, TONTEO never taking the initiative, for any reason whatsoever, to contact the User to ask him for his password. If the User discloses his password to a third party, whether another User or any other person, TONTEO will delete the User’s Account under the conditions set out in article 10 below.

If the User loses his password, he can request its renewal by clicking on the link “Forgotten password”. After having followed all the instructions provided by TONTEO to obtain a new password, the User will receive on the e-mail address he provided when creating his Account his new password that he can then customize from the Platforms.

When the User already has an Account with TONTEO, he must identify himself in the part of the Platforms reserved for this purpose by indicating the e-mail address he has previously provided to TONTEO and the password chosen.

At any time, the User may also choose to delete his Account from the “My Account” page.

Article 4 – Rules of conduct on Platforms

To access the Service, the User agrees not to engage in any conduct that could damage the image of TONTEO or one or more other Users.

The content disseminated by the User on the Platforms is binding on the User in its own name and may not be binding on TONTEO in any way whatsoever.

Thus, more specifically, the User is prohibited:

  • To use a username or avatar that is vulgar, aggressive, abusive or defamatory in particular;
  • To attempt to obtain from another User information relating to his Account, such as his username and/or password, or information relating to his personal life;
  • To publish on the Platforms offensive, hateful, racist, discriminatory, denigrating, obscene, vulgar, defamatory, in breach of any legal, regulatory or contractual provision or encouraging behaviour that is reprehensible under the law ;
  • To publish on the Platforms content that infringes the rights of third parties ;
  • To publish on the Platforms content that is not related to the Platform’s purpose, in particular promotional content, advertising or any commercial

More generally, the User is prohibited:

  • To impersonate a third party, another User or to impersonate an employee or representative of TONTEO ;
  • To engage in any activity that is contrary to public policy and morality, unlawful and/or non-compliant with regulations (including regulated activities) ;
  • To engage in piracy, “spamming”“fishing”“flooding” or any other malicious action with respect to TONTEO and other

TONTEO reserves the right to suspend and/or delete any Account that would affect this article under the conditions referred to in article 10 below.

Article 5 – Reporting of illegal activities and content

It is expressly stated that TONTEO does not have control over the content published on the Platforms and that it does not have the technical, material and human resources to carry out systematic checks of such content.

However, TONTEO reserves the right not to publish content if it contains an activity that is contrary to public policy and morality, illegal or not in accordance with regulations.

However, if a User notices that another User is violating any of the rules of conduct referred to in Article 4 above and more generally if a User becomes aware of any illegal activity or content, the User must immediately inform TONTEO using the “contact us” function appearing within the Platforms.

The User must therefore provide TONTEO with all the necessary information, and in particular:

  • the date of notification ;
  • if it is a natural person, its surname(s), first name(s), profession, domicile, nationality, date and place of birth ; if it is a legal person, its corporate form, corporate name, registered office and the natural person legally representing it ;
  • the description of the disputed facts and their precise location on the Platforms ;
  • and in the case of illegal content:
    • the reasons why the content must be removed, including a reference to the applicable legal provisions and justifications of facts;
    • a copy of the communication addressed to the author or publisher of the disputed content to request its interruption, removal or modification or justification of the fact that the author or publisher could not be

In the event that the content is illegal and as soon as the veracity of these elements is verified, TONTEO will remove the disputed content or make it impossible to access it.

It is expressly stated that the fact that a User presents content to TONTEO as illegal, even though he knows that the information is inaccurate, is likely to incur criminal liability.

TONTEO reserves the right to delete any content appearing on the Platforms that would affect the T&Cs and/or to suspend or delete the User’s Account concerned under the conditions referred to in Article 10 below.

Similarly, in the event that it is an illegal activity, TONTEO reserves the right to suspend or delete the User’s Account concerned under the conditions referred to in Article 10 below.

Article 6 – Subscription of Services

6.1. Choice and availability of Services

The User subscribes to a Service from the Services presented on the Platforms. It is the User’s responsibility to select the available Service he wishes to use in accordance with the indications appearing on the Platforms.

When the User indicates that he wishes to use a Service, all the information specified in Article L. 222-5 of the Consumer Code is transmitted to him.

This information is also available at any time on the Platforms.

6.1. Choice and availability of Services

The User confirms his subscription by clicking on the “My subscription” button and then selecting his subscription period before clicking on the “Pay” button.

The User will complete his subscription, by making his payment. Any validated subscription implies acceptance of the price corresponding to the Service(s) subscribed. The subscription will only be definitive once the corresponding price has been paid. The User guarantees that he is fully entitled to use the means of payment he uses.

The User has the possibility to print his subscription by clicking on the link “My subscription”.

Once the subscription and payment have been made, the User receives an acknowledgement of receipt of the subscription at the email address he has provided. This acknowledgement of receipt reminds you of the amount invoiced, all the essential characteristics of the Service(s), indicates a hypertext link to the TOS and the withdrawal form. All the above documents will be printable and constitute the contract in a durable format. The User accepts that the computerized registration systems of the subscription constitute proof of the said subscription and its date.

6.3. Modification or termination of the subscription

In the event that the Services are unavailable after confirmation of the subscription by TONTEO, the User will be informed by TONTEO by e-mail of the cancellation of his subscription. In this case, the User may proceed with a new subscription without payment. If no new subscription is made, the amount of the subscription will be refunded to the User as soon as possible.

Any abnormal or bad faith subscription, any fraud or attempted fraud, any incident of payment of the price may result in the deletion and/or deactivation of the customer account concerned and/or the refusal of the subscription. In addition, TONTEO may have to notify the authorities responsible for money laundering and/or corruption.

6.4 Retraction

The User has a period of fourteen (14) days to retract from the subscription date or the date of receipt of the order summary as indicated in the fourth paragraph of Article 6.2 of the General Terms and Conditions.

Retraction may be made by means of the retraction form or by any other means allowing the User’s intention to retract to be expressed unequivocally. In this case, the sums relating to the subscription will be refunded within fourteen days of receipt of the retraction by TONTEO.

Article 7 – Prices

The prices of the Services are indicated in CFAF All taxes included. Thus, at the time of subscription of the Service, the User knows perfectly well the entire price. In addition, once the subscription has been validated, the price is confirmed in the confirmation email sent to the User.

The Services will be invoiced on the basis of the price in effect at the time of subscription of the Service.

For successively performed services, the price of the services may be reviewed annually with effect from 1 January of each year.

Article 8 – Payment

Payment for the Services is made online from the Platforms but directly on the payment providers’ websites whose general terms and conditions of use are available on the websites. The debit will be made at the time of validation of the subscription.

Article 9 – Update of the Platforms

TONTEO may consider it necessary to update or reset certain parameters of the Platforms and their components.

Thus, TONTEO reserves the right to make the Platforms evolve, in particular by making new functionalities available, or by modifying or deleting certain functionalities.

These updates, resets, evolutions are likely to temporarily prevent the User from accessing the Platforms and/or to lead to a modification of the architecture of the Platforms and their elements, which the User expressly acknowledges, and TONTEO cannot be held liable in this respect.

Article 10 – Suspension – Deletion of Account

TONTEO reserves the right to suspend or delete the Account of any User who does not comply with the T&Cs or applicable standards.

Any suspension or deletion of the Account will be notified to the User by e- mail sent to the e-mail address previously communicated to TONTEO by the User at the time of registration on the Platforms.

In addition, TONTEO reserves the right to hand over any disputed content to the authorities upon request in the event of a breach of a normative provision. By contentious content is to be understood, without the latter being restrictive, pornographic content, resale of weapons, money laundering, terrorist financing or fraud.

In addition, TONTEO reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by him as a result.

Article 11 – Protection of personal data

11.1. User’s personal data

The personal data that TONTEO receives from the User corresponds to the information required to use the Platforms.

This personal data is processed by computer to enable TONTEO to identify each of the Users and to communicate with them, if necessary, for the proper functioning of the Platforms and for the proper management of the contractual relationship.

Personal data will be kept for as long as strictly necessary for the management of the contractual relationship.

Personal data are exclusively intended for TONTEO and the sole partners identified for the performance of the Services.

In accordance with the applicable regulations on the protection of personal data, the User may exercise the right of access, rectification, opposition, portability and deletion of personal data concerning him/her.

To exercise this right, the User may contact one or other of the following addresses:

The User may also, if necessary, file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).

11.2 Cookies and cookies

Some Platform pages may use cookies, the purpose of which is to access information stored in the User’s login terminal and in particular to record information relating to the User’s navigation on the Platforms, and to store information that the User has entered when logging in.

A cookie is only intended to record information relating to the User’s navigation and allows an easier reconnection to the Platforms and avoids filling in certain elements previously requested.

The storage period for the information thus collected is a maximum of 13 months from your acceptance when the corresponding cookies are inserted.

The User has the possibility to oppose the recording of these cookies by configuring his computer or any other computer equipment.

Article 12 – Intellectual property 

  • Intellectual property of TONTEO

The Platforms and each of its components, including in particular the graphic charter, data, software, texts, logos of the Platforms, are protected by intellectual property law, in particular copyright and/or trademark law.

The Platforms and each of their components are the exclusive property of TONTEO.

TONTEO grants the User a private, collective and non-exclusive right to use the Platforms, in accordance with the provisions of the T&Cs.

Any other use of the Platforms or any of its components constitutes an infringement of rights and is punishable as such under the Intellectual Property Code, unless prior written and express authorization is obtained from TONTEO.

The User therefore acknowledges that, in the absence of prior, express and written authorization from TONTEO, any total or partial copy, distribution or exploitation of one or more of the above-mentioned elements, even if modified, shall be liable to result in legal proceedings against him.

In general, the User undertakes not to damage the Platforms and Services in any way whatsoever, nor to make improper use of them that would discredit or devalue TONTEO and/or its image, directly or indirectly.

  • Intellectual property of the User

The User authorizes TONTEO to use its distinctive signs, images (profile photograph), and intellectual property rights (name, trademark, copyright, etc.) on and in connection with the Platforms in order, in particular, to promote the services it offers.

The User guarantees that he/she owns full ownership of all his/her logos, images or other content provided on the Platforms. Under no circumstances can TONTEO be held liable for any breach of intellectual property rights in the content provided by the User.

Article 13 – Guarantees 

TONTEO guarantees the security of transactions carried out on its Platforms between the Client’s wallet and the tontines. On the other hand, TONTEO does not guarantee Users against each other when they are within the same tontine. Thus, if one of the Users withdraws all the sums from the tontine, no action may be taken against TONTEO. It is the Users’ responsibility to define, when creating the tontine, the rules for using the deposited sums.

Article 14 – Complaint

For any complaint or question, the User may or must contact the telephone platform set up by TONTEO, accessible at the following number:

+33984085694 or contact TONTEO by email at the following address: contact@tonteo.com

Article 15 – Liability

Except in the specific cases addressed in this article, TONTEO may only be held liable under ordinary law conditions.

15.1 Provision and operation of the Platforms

TONTEO is bound by a single obligation of means in connection with the provision of the Platforms and shall in no event be liable for any loss, damage, direct or indirect damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the Platforms or the Internet network.

The User acknowledges that TONTEO cannot in any way guarantee that the Platforms will meet performance requirements or that it will operate without interruption or without bugs.

If TONTEO becomes aware of any malfunction or bug in the Platforms or any of its components, or if it is informed of it by a User, then TONTEO will make its best efforts to correct such malfunctions or bugs.

In any event, TONTEO shall in no event be liable for any direct or indirect damage resulting from the User’s failure to comply with the T&Cs, a malfunction of the Platforms or its components, a modification or alteration of the Platforms by a User, or any damage to the Platforms or its components.

15.2 Contents posted on the platforms 

TONTEO cannot be considered as responsible for the contents posted by Users on the Platforms, such as in particular photographs, hypertext links, comments…, the User being solely responsible for said contents to the exclusion of any other person.

TONTEO exercises a posteriori moderation on the publications and reserves the right to delete them in the event of non-compliance with the GTC. TONTEO is therefore the host and benefits from the corresponding liability regime.

Article 16 – Force majeure 

TONTEO cannot be held liable in the event of a case of force majeure. In particular, the following are considered to be cases of force majeure: natural disaster, strike, social conflicts, state of war, earthquake, fire, explosion, intervention by government authorities, deterioration of the Internet network or the telephone network.

Article 17 – Disputes – Applicable law

The T&Cs and the entire relationship between TONTEO and the User are subject to French law.

If one of the clauses or stipulations of the GTCs is annulled or declared illegal by a final court decision, such nullity or illegality shall in no way affect the other clauses and stipulations, which shall continue to apply.

The fact that TONTEO does not invoke one of the clauses of the T&Cs at a given time cannot be interpreted as a waiver of its right to invoke them at a later date.

In the event of a dispute relating to the CGS or the subscriptions resulting therefrom, it may be submitted to a mediator. However, TONTEO and the User remain free to accept or refuse the use of consumer mediation.

In the absence of an amicable settlement of the dispute, TONTEO or the User may bring the matter before the competent courts.

In the event of inconsistency or discrepancy between the French version and any other language version of these general terms and conditions of service, only the French language version shall prevail.