Legal documents

Terms and Conditions of Use (TCU) for Lodin services

USER OF PAYMENT SERVICES

A legal entity or natural person of full age who expressly declares that they have the capacity and/or have received the necessary authorizations to use the payment initiation service(s) provided by Lodin EU.

PARTNER

A commercial company operating the Online Site and using Lodin EU's services to collect payments from USERS OF PAYMENT SERVICES.

PARTNER SITE

The site and/or application operated by the PARTNER in order to allow people to use the SERVICES provided by Lodin EU.

SERVICE or PAYMENT INITIATION SERVICE

Payment initiation service as defined within the framework of the provisions of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market (known as the "Payment Services Directive No. 2" or "PSD2"). The Directive is transposed into French law by Ordinance No. 2017-1252 of August 9, 2017.

PERSONALIZED SECURITY DATA

Personalized data is provided to a payment service user by the account-managing payment service provider (banks) for authentication purposes (source: Payment Services Directive 2). It should be noted that Lodin EU will never ask the USER OF PAYMENT SERVICES for sensitive data (password). Only the USER OF PAYMENT SERVICES' bank is authorized to request it for authentication.

PAYMENT SERVICE PROVIDERS MANAGING ACCOUNTS (or "account-holding PSPs", "banks")

Any payment service provider that offers an online PAYMENT ACCOUNT to the USER OF PAYMENT SERVICES in accordance with PSD2.

ARTICLE 1 - TERMS OF SERVICE

Lodin EU offers the USER the "payment initiation" PAYMENT SERVICE. Lodin EU is only a payment service provider. The PARTNER puts the USER OF PAYMENT SERVICES and Lodin EU in contact via its online site and/or the application operated by the PARTNER in order to allow people to use the payment initiation service provided by Lodin EU, regardless of any underlying obligation between the USER OF PAYMENT SERVICES and the PARTNER.

ARTICLE 2 - RESPONSIBILITIES

Lodin EU's liability is limited to the non-execution, poor execution or unauthorized execution of the payment transaction in accordance with Article L.133-18 of the French Monetary and Financial Code and following. Lodin EU has no control over the goods and services offered by the PARTNER through the PARTNER SITE and cannot assume any responsibility in this regard, in particular with regard to said goods and services.

Lodin EU does not intervene in commercial disputes between PARTNERS and USERS OF PAYMENT SERVICES.

The USER OF PAYMENT SERVICES is informed that Lodin EU cannot guarantee the uninterrupted operation of the service at all times because the service relies on the operation of the APIs of the account-holding PSPs (banks), which is beyond its control.

Lodin EU cannot be held responsible for any damage caused by these interruption events.

When the account-holding PSP informs Lodin EU in advance of maintenance operations that are likely to temporarily interrupt the service, Lodin EU will inform the PARTNER. The PARTNER, in turn, is responsible for informing USERS OF PAYMENT SERVICES about the interruption of services.

Lodin EU's liability cannot be further engaged:

In the event of a failure of the payment chain provider, and without limitation, the servers and payment systems and bank verification and authentication systems, the SEPA credit transfer systems of banks, the interbank credit transfer systems, the electronic money and flow processing systems.

In the event that the internet hosts of the payment systems are victims of attacks requiring a service outage to stop a massive and organized attack.

In the event of phishing (theft of access codes to an online bank account).

ARTICLE 3 - OBLIGATIONS OF THE USER OF PAYMENT SERVICES

To be eligible for our SERVICES, you must (i) be a resident of one of the countries of the European Economic Area (EEA) and (ii) have full legal capacity to enter into a contract.

The USER OF PAYMENT SERVICES can only use a payment account belonging to him/her in the EEA.

Lodin EU may ask the user for a unique identifier if the USER OF PAYMENT SERVICES opts to pay with his/her bank application. This allows the Lodin EU API to contact the USER OF PAYMENT SERVICES' bank so that the latter can ask him/her to authenticate himself/herself.

Regarding the authentication of the USER OF PAYMENT SERVICES, Lodin EU's solution only redirects the authentication request of the USER OF PAYMENT SERVICES to the interface of his/her bank. Only the USER OF PAYMENT SERVICES' bank is authorized to authenticate its customer.

The USER OF PAYMENT SERVICES undertakes to verify that the URL of the authentication page belongs to the bank.

The USER OF PAYMENT SERVICES has the obligation to inform Lodin.

EU immediately in case of suspicion of access or fraudulent use of his/her payment account or any event likely to lead to such use, such as, but not limited to: loss, accidental disclosure or diversion of his/her payment account identifiers or an unauthorized transaction.

This notification must be made by sending an email to the following email address: support@lodinpay.com

ARTICLE 4 - FEES AND PRICING

Lodin EU does not charge USERS OF PAYMENT SERVICES for using the SERVICE.

The PARTNER or the bank of the USER OF PAYMENT SERVICES may or may not charge a fee at their own discretion and independent of Lodin EU. In case of invoicing applied by the USER OF PAYMENT SERVICES' bank, a reminder of the fees will be made at the time of the payment confirmation request. It is recommended that the USER OF PAYMENT SERVICES consult the rates and fees applicable by his/her bank for payment transactions beforehand. Lodin EU cannot be held responsible for the fees and charges applied by the bank and charged to its customer.

The USER OF PAYMENT SERVICES' attention is particularly drawn to currency exchange when paying for a good or service offered by the PARTNER in a foreign currency. Specific fees may be applied by your bank.

ARTICLE 5 - ANTI-MONEY LAUNDERING AND FRAUD

In order to guarantee the security of the SERVICES, Lodin EU reserves the right to limit the use of the service in case of risk of fraud or illegal use of the services.

In accordance with Article L. 561-2 of the French Monetary and Financial Code, Lodin EU is subject to the obligations of combating money laundering and terrorist financing (AML-CFT).

As such, Lodin EU carries out AML-CFT controls. In the event of an identified risk, Lodin EU reserves the right to suspend any transaction without notice pending the transmission of supporting documents requested from the USER OF PAYMENT SERVICES. By accepting these terms, the USER OF PAYMENT SERVICES agrees to cooperate with Lodin EU by providing all information and documents requested by Lodin EU for the purposes of these controls. Any refusal may result in the termination of the relationship.

All documents transmitted by the USER OF PAYMENT SERVICES to Lodin EU and the PARTNER are protected by Lodin EU and the PARTNER in accordance with European legislation on the protection of personal data.

Lodin EU has developed a detailed set of policies and procedures to ensure continuous monitoring of all customers based on a risk-based approach. Monitoring is carried out via systems designed to detect unusual or suspicious use based on the risk profile of the USER OF PAYMENT SERVICES concerned.

ARTICLE 6 - COMPLAINTS - MEDIATION AND RECOURSE

Lodin EU reserves the right to request a document (proof, written statement, etc.) supporting the claim of the USER OF PAYMENT SERVICES.

If you encounter difficulties or are not satisfied with the services offered by Lodin EU, you can:

Firstly, contact our Customer Service;
Secondly, send a complaint by mail to EFFYIS EUROPE SAS - 2 rue des Jeûneurs - 75002 Paris
Complaints will be processed within a maximum of two months from receipt.

Any dispute that cannot be settled amicably will be subject to the exclusive jurisdiction of the French courts.

ARTICLE 7 - DATA PROTECTION

The Privacy Policy can be consulted on the Lodin EU website. The personal data of the USER collected by Lodin EU is subject to automated processing in accordance with the French Data Protection Act of January 6, 1978, as amended, and Regulation (EU) 2016/679 of April 27, 2016, on data protection.

This data is mainly used by Lodin EU for the following purposes: execution of the contract and provision of services, statistical studies, risk assessment, anti-money laundering and counter-terrorism financing, security and prevention of defaults and fraud, recovery, and legal and regulatory obligations.

The PARTNER and the USER OF PAYMENT SERVICES have a right to access and rectify their personal data.

ARTICLE 8 - INTELLECTUAL PROPERTY

This framework agreement does not grant the USER OF PAYMENT SERVICES any ownership rights over the SERVICE and all its components, which are and remain the exclusive property of Lodin EU.

The USER OF PAYMENT SERVICES is not authorized to reproduce, represent, modify, translate and/or adapt, partially or totally, any of the elements of the SERVICE without the prior written consent of Lodin EU.

The SERVICE, including but not limited to the trademarks, application, website, and associated technology, are the exclusive intellectual property of Lodin EU.

The software, interfaces, databases, know-how, data, texts, presentations, illustrations, computer programs, animations, and all other information made available to the PARTNER are the exclusive intellectual property of Lodin EU.

The presence of the logos of the payment service providers managing accounts (banks) referenced by the Lodin EU service does not imply the existence of a commercial partnership with the banks. The logos of the payment service providers managing accounts are only displayed to allow users of the payment services to select their provider.

ARTICLE 9 - FORCE MAJEURE

In any case, Lodin EU cannot be held liable if the non-performance of its obligations is the result of force majeure within the meaning of Article 1218 of the French Civil Code.

This includes, but is not limited to, natural disasters, fires, internal or external strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of internet connectivity due to public or private operators, and, in general, any event beyond the control of Lodin EU and making it impossible to perform the Contract, including the actions of the PARTNER, the USER OF PAYMENT SERVICES, or a third party.

ARTICLE 10 - MISCELLANEOUS PROVISIONS

Lodin EU will display the General Terms and Conditions on a durable medium before the payment is confirmed.

If the USER OF PAYMENT SERVICES refuses the General Terms and Conditions or their modification, he/she undertakes not to continue using the SERVICE.

Lodin EU is entitled to modify the General Terms and Conditions, so it is recommended that the USER OF PAYMENT SERVICES consult the latest version of the General Terms and Conditions before any navigation. This version is accessible and downloadable at any time on the site.

ARTICLE 11 - TERMINATION

The General Terms and Conditions are concluded for an indefinite period.

The Parties, Lodin EU and the USER OF PAYMENT SERVICES, may terminate the contract unilaterally at any time and with immediate effect upon:

The request of the USER OF PAYMENT SERVICES;

• Notification from Lodin EU to the USER OF PAYMENT SERVICES
• The request of the USER OF PAYMENT SERVICES
ARTICLE 12 - GOVERNING LAW

The General Terms and Conditions or their interpretation are governed by French law. If the dispute between the Parties cannot be settled amicably, the French courts will have jurisdiction.

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