TERMS AND CONDITIONS OF WEDOGOOD.CO WEBSITE
Version 8 : updated on june 26th, 2024.
LEGAL NOTICE
Editor’s identification
The Website and these terms and conditions are published by:
WE DO GOOD, a french “société par actions simplifiée” of variable capital with a minimum capital of 10,000 Euros, headquartered at 38 Rue des Olivettes, 44000 NANTES, FRANCE, registered at the R.C.S. of NANTES under the number 797 519 105, registered at the ORIAS as an Intermediary in Participatory Finance under the number 17002712, registered as a Payment Services Officer of Lemon Way on the Register of Financial Agents (Regafi), intra-EU VAT number: FR 44 797 519 105, phone number: +33 9 72 65 15 89, e-mail address: hello@wedogood.co.
Editor
The Website’s Editor-in-Chief is Yannis Baala.
Website host
The Website is hosted by the company GANDI SAS, whose contact details are as follows: 63-65, boulevard Massena – 75013 PARIS – www.gandi.net
WARNING AND PREAMBLE
This document (hereinafter “General Conditions”) applies to the wedogood.co website, edited and hosted by WE DO GOOD, hereinafter referred to as “the Website ”.
Its purpose is to define the terms and conditions under which, on the one hand, WE DO GOOD makes available to its Members the Website and services available on the Website and, on the other hand, the way in which Internet users (individuals or legal persons) access the Website and use its Services and the information contained in it regardless of their status. In: Visitor, Member or Project Owner.
In particular, the use of the Website and Associated Services requires full acceptance of the Terms and Conditions by Members, including the stipulations of any notice applicable to the Website, including by referring links.
By using and accessing the Website and associated Services, the User acknowledges that he was able to fully become aware of and have fully accepted the Terms and Conditions.
The Terms and Conditions may be supplemented by special conditions that will be presented in advance to the User for acceptance before access to certain information and services.
WE DO GOOD will be able to change the Terms and Conditions at any time. All Internet users are therefore required to refer to the online version at the time of their consultation, a version that will necessarily be in effect at that time.
ARTICLE 1 – DEFINITIONS AND INTERPRETATIONS
Terms and phrases beginning with a capital letter and expressly defined herewith will have the meaning assigned to them in the article or paragraph of the Terms and Conditions where terms and phrases are used for the first time.
The following terms and phrases will have, unless expressly stated to the contrary, the following meaning:
- “Future revenue transfer agreement” refers to the contracts signed between the Subscribers and the Project Owners,
- “Counterparty” refers to the rights awarded under the Project in return for Subscriptions,
- “Personal account ” refers to a Member’s personal space on the Website. This space is accessible only by the referral of login credentials, and allows access to the Services provided by the Company. It also allows the Member to view and modify his or her own personal data
- “Evaluation Phase” refers to the period following the first presentation of the Project on the Website that allows Members who wish to give their views on the Project. It precedes the Subscription Phase during which the Project Owner will seek to reach the Threshold Floor, however Members who wish to do so will be able to make a Subscription as early as this period.
- “Fundraising” refers to the time-limited process in which a number of subscribers subscribe to an investment offer
- “Member ” refers to the person who is registered in this capacity on the Website,
- “Funding objective” refers to the total amount of Subscriptions expected by the Project Owner for the realization of his Project,
- “Organization ” refers to any legal person identified on the Website and legally represented by a natural person registered as a Member,
- “Evaluation Phase” refers to the period following the first presentation of the Project on the Website that allows Members who wish to give their views on the Project. It precedes the Subscription Phase during which the Project Owner will seek to reach the Threshold Floor, however Members who wish to do so will be able to make a Subscription as early as this period.
- “Confirmation Phase ” refers to the 15 calendar days following the Subscription Phase, with a view to purging the possible right of withdrawal of the Underwriters, and at the end of which the achievement of the Threshold Floor is confirmed,
- “Subscription Phase” refers to the period during which Members can subscribe to the Fundraising. The period is up to 60 calendar days,
- “Project Owner ” refers to any individual or legal person represented by a natural person registered on the Website as a Member and with the objective of financing all or part of his Project by using the Website for this purpose through the creation of a Project Page and possibly using the Services are associated with it,
- “Project ” refers to any for-profit or non-for-profit initiative carried out by a Project Owner and published on the Website for an Evaluation,
- “Project to be Financed” refers to a Project that has been Validated and whose evaluation conditions have been accepted by the Project Owner and for which a Subscription Phase is open,
- “Project Page ” refers to the page created on the Website by a Project Owner Member with the aim of presenting his Project during an Evaluation Phase and possibly Subscription,
- “ Payment Service Provider ”: refers to the service provider (s) benefiting from a specific authorization that WE DO GOOD uses for the management of payments on the Website. This provider is “LEMON WAY.”
- “ Electronic Signature Service Provider ”: refers to the service provider (s) that WE DO GOOD uses for the management of contract signatures on the Website.
- “ Claim ”: refers to a statement noting a Member’s dissatisfaction with WE DO GOOD or a Project Owner; a service request, a request for information, clarification or a request for an opinion is not a Claim,
- “Royalty ” refers to the payments indexed to the project revenues that the Suscribers receive. It is also called “Royalties” in the various content of the Website,
- ” Service (s) ” refers to one or more of the services offered on the Website, including services operated by partners such as payment or electronic signature services,
- “Threshold Floor ” refers to the minimum amount that Subscriptions must reach for the Project to be considered financed,
- “Subscriber ” refers to the Member (s) who have subscribed to a Project to be Financed within the framework of the Fundraising organized by the Project Owner with the means made available to him by the Website,
- “Subscription ” refers to any cash sum paid by a Subscriber for the purpose of obtaining a Counterparty,
- ” Visitor (s) ” refres to the Internet user (s) natural or legal person (s) accessing the Website or reading it but not registering as a Member.
ARTICLE 2 – ACCES AND REGISTRATION ON THE WEBSITE
2.1 – Access to the Website
Access to the Website is free and allows Visitors and Members to view its editorial content and Projects as well as Projects to Be Financed.
On the other hand, the accessibility of certain information, features and services of the Website is conditional on registration on the Website by creating a Personal Account under the following conditions defined as a Member.
2.2 – Registration
To register as a Member, you need to complete an online form.
Upon registration, the Member undertakes to provide accurate data, and is required to complete all the mandatory fields on the registration form.
Any individual wishing to register must be over 18 and must have the ability to contract.
The representative of a corporation certifies that he has the full rights necessary to conclude these cases on behalf of the corporation he represents. He must first register as an individual before identifying the legal person as an Organization on the Website.
The Member will then validate its registration by clicking on the space provided for this purpose.
WE DO GOOD will confirm the Member’s registration. However, WE DO GOOD reserves the right to refuse registration to any individual who, in particular, does not meet the conditions of good character, or who violates the values and ethics that the Website strives to promote, without the latter being obliged to justify this refusal.
WE DO GOOD is the sole decision maker of the registrations it withholds, without recourse or compensation of any kind.
Registering as a Member gives you access to a Personal Account that is unique and exclusively accessible through a password and identifier.
The Member committs not to create or use any account other than the one originally created, either under his own identity or that of a third party. Any deviation from this rule will have to be requested by the Member with express and specific permission from WE DO GOOD. Creating or using new accounts under one’s own identity or that of a third party without requesting and obtaining permission from WE DO GOOD may result in the immediate suspension of the Member’s Personal Account and accessibility to all Associated Services.
The Member guarantees that the information provided by him on the Website is accurate, sincere and in line with reality. The Member committs to inform WE DO GOOD without delay in the event of a change in the information provided at the time of registration and, if necessary, to make these changes him or herself within his or her personal space.
In order to ensure compliance with these cases, WE DO GOOD reserves the right to ask Members to justify its identity by any means. In the absence of justification within 7 days of WE DO GOOD’s request, WE DO GOOD may suspend the Member’s account.
2.3 – ID and password
Upon creation of its Personal Account, the Member will choose or be assigned an identifier and password (‘IDs’) allowing them to access their personal space. These IDs are personal and confidential. They can only be changed at the request of the Member or at the initiative of the Website.
The Member is solely responsible for the use of the IDs concerning him and committs to do everything possible to keep his IDs secret and not to disclose them to anyone in any form and for any reason.
The Member will be responsible for the use of its IDs by third parties or actions or statements made through its Personal Account, whether fraudulent or not, and guarantees WE DO GOOD against any such request.
In addition, as WE DO GOOD is not obliged and does not have the technical means to asstain the identity of the persons registering on the Website, it is not responsible in case of usurpation of the Member’s identity. If the Member has reason to believe that a person is fraudulently using identification or their account, they should notify WE DO GOOD immediately.
In the event of the loss or theft of one of the IDs concerning him, the Member is responsible for any harmful consequences of this loss or theft, and must use, as soon as possible, the procedure allowing him to modify them.
In the event that he is aware of another person’s access to his Personal Account, the Member will immediately inform the Website Manager by email to the admin@wedogood.co address, and confirm this information by registered mail to the address of the head office of WE DO GOOD indicated in the legal mentions at the beginning of this document.
A use of the Website that is fraudulent, or that violates the Terms and Conditions, will justify denied the Member, at any time, access to the Website’s Services or other features.
ARTICLE 3 – WEBSITE FUNCTION
3.1 – General Object
As a multimedia information and communication tool, the Website aims to enable,
(a) To Project Owners:
- to present and promote to Internet users a Project for which they need funding, regardless of the stage of the Project’s progress,
- to offer Internet users to support or finance one or more of their Projects,
- collect Subscriptions to fund their Projects.
- to allow the Project Owner to manage the payment of their Counterparties (via the Payment Service Provider),
- to allow Suscribers to track the Counterparties they receive in exchange for their Subscription.
b) Members to have a space for discussion around projects, including through a “Forum” space, to exchange on projects and to support or finance a Project by becoming a Member.
3.2 – Use
In concrete terms, Project Owners who wish to promote their Projects and obtain funding, submit to WE DO GOOD, for publication on the Website, a presentation detailing the nature, objectives, main characteristics and the course of projects that they intend to develop with the support of Members and Suscribers in particular.
In order to be accepted by WE DO GOOD for possible promotion on the Website, the Project Owner undertakes to provide clear and precise information for any proposed project: the project description, the proposals for a Funding Goal, the Threshold Floor and the Counterparties it proposes.
The characteristics and parameters of the Project are subject to the prior acceptance of WE DO GOOD without any obligation to justify its refusal to open the Website to this Project and without guaranteeing members in any way the success of the Project or the authenticity of the information presented by the Project Owner. The main purpose of content selection is to verify the coherence and quality of the Project against the elements covered in 3.2 above and is not intended to monitor the viability, feasibility or authenticity of the proposed project.
It is also recalled that any Subscription is not guaranteed and that underwriters take the risk of losing the money invested.
Once the Project is pre-selected, it is presented on the Website via its Project Page for Evaluation by Members.
During the Evaluation Phase, Members who wish to do so decide on the quality of the Project and in particular its level of risk, its development potential, its social and environmental responsibility, and can carry out a Subscription on the Project from this period.
The Evaluation Conditions are then communicated to the Project Owner, the Project to Be Financed is published as such and the Subscription Phase is opened.
Once uploaded to the Website, The Projects to Be Financed will no longer be able to be modified except to make corrections that are only intended to improve the achievement of the objectives pursued by the Project.
It is the responsibility of the Project Owner to ensure that it has all the necessary rights to publish the Project on the Website and that it is in compliance with all laws and regulations applicable to the design and implementation of the Project concerned. In particular, Project Owners prohibit themselves from submitting a Project in violation of existing laws and regulations, which may infringe on a person’s human dignity or privacy, or incite or lead to any illegal activity or other activity that would infringe the rights of WE DO GOOD and its co-owners, other Members and , more generally, from any third party.
The Project Owner is fully responsible for the presentation of the Project published on the Website and must ensure, among other things, that this presentation cannot mislead Members.
The Project Owner acknowledges that the provision of misleading, incomplete or erroneous information is liable to liability against WE DO GOOD and Members and Internet users and assumes full responsibility for the consequences resulting from any omission or negligence in this regard.
In the event of death, incapacity, Project Owner accident or any other event that unables him to conduct his Project, WE DO GOOD is authorized to suspend the current Subscription Phase. More generally, WE DO GOOD may discretionaryly cancel the current Subscription Phase and remove a Project from the Website if it is found that the Project Owner is in violating these sites. In this case, all registered Subscriptions would be immediately cancelled, the Suscribers concerned reimbursed and the Project Owner would not be able to claim to recover the sums subscribed.
Project Owners are committed to implementing all the means necessary to make their Projects to Finance a reality if they succeed in collecting the Threshold Floor.
They undertake to regularly update their projects and to share with other Members information about the news of their projects and their implementation.
In particular, the Project Owner is obliged, even after the expiration of the Subscription Phase, and during the period when the policyholders will remain contractually bound with the Project Owner, to a strengthened disclosure obligation.
In this context, in addition to its legal obligations, the Project Owner will be required to inform underwriters on a regular basis, according to conditions defined by a specific contract.
ARTICLE 4 – SUBSCRIPTION, FOLLOW-UP OF SUBSCRIPTIONS AND PAYMENT OF ROYALTIES
Pre note: the use of the means made available by the Website for the realization of subscriptions is under the sole responsibility of the Project Owner.
4.1 – Opening of the Subscription Phase
Once the Project Has Been Validated and the Project Owner has expressed agreement on the terms of the Subscriptions, the Subscription Phase is open.
4.2 – Subscription
Members are free of the amount of their Subscription being specified that a minimum amount may be required for each Project to be financed and that the amount of the Subscription paid must be at least equal to the value of the Counterparty.
The Subscription implies acceptance of all the conditions and modalities of the Participatory Fundraising which will be detailed in the Project to Be Financed and in the related Future revenue transfer agreement.
The Subscription will result in the electronic signing of a contract or subscription bulletin containing the main terms and conditions of the Fundraising and/or any acts attached to it.
Depending on the amount of the Subscription, the electronic signature will have to be made using the Electronic Signature Service Provider system.
It is specified that WE DO GOOD does not collect commissions from Suscribers on Subscriptions.
4.3 – Terms of payment
The payment of the Subscription will be made by using the payment services provider’s system, the following terms and conditions of which are attached and whose provisions are incorporated into these Terms and Conditions. The acceptance of these Terms and Conditions is also worth accepting the Payment Service Provider’s Terms and Conditions, the following “TCs”.
Subscription is immediately debited to the Payment Account (as defined in the TCs).
If at the end of the Subscription Phase, the Threshold Floor has not been reached, the Subscription is then returned from the Electronic Currency Account of the Project Holder to the Electronic Currency Account of the Suscriber who made the Subscription. The latter will then be able to use this money to invest in another Project to be financed or to claim a refund at no cost to him.
If at the end of the Confirmation Phase the Threshold Floor has been reached or exceeded, the total amount of Subscriptions will be transferred to the Project Owner’s bank account, under the following conditions, and will no longer be able to be refunded to the Suscriber.
4.4 – Cancellation of a Fundraising
In the event of termination of the Projects to Be Financed during the Subscription Phase, the Fundraising will then have to be stopped and the related Subscriptions will give rise to reimbursement of the Suscribers concerned.
4.5 – Royalty
At the end of a successful Fundraising, the Project Owner is required to pay a Royalty to its Suscribers under the terms specified in the Future revenue transfer agreement with them. This Royalty is paid by using the payment services offered on the Website and is returned to the Electronic Currency Account of the Suscriber who can then make a transfer to his bank account or make a new Subscription with this money.
4.6 – Remains
In the context of the payment of a Royalty, if the distribution of the Royalty among the Suscribers, it was to remain, by the mechanism of the roundings, a remnant of the Royalty which could not – because of its small amount – be distributed equitably among the Suscribers due to the proportion of their Subscriptions, this would be definitively acquired by WE DO GOOD.
4.7 – Tax obligations
The User acknowledges that the information provided by WE DO GOOD does not constitute tax advice and is only indicative information. WE DO GOOD cannot be held responsible for the tax consequences related to a Crowdfunding Offer. WE DO GOOD recommends that Members and Project Owners consult a tax or legal advisor in order to benefit from advice adapted to their personal situation. It is the responsibility of each Subscriber to verify their eligibility to benefit from tax reductions or tax benefits of any kind on all or part of the Subscriptions made through the intermediation of the Site, in accordance with the applicable regulations.
WE DO GOOD does not have the capacity to verify the accuracy of the tax information provided by a Subscriber and cannot be held responsible for their possibly inaccurate, erroneous or incomplete nature.
Any Member wishing to participate in a Crowdfunding Offer is informed that the financial returns displayed on the Site do not take into consideration the impact of taxation or social contributions. Any Subscriber is also informed that the interest he is called upon to receive in connection with a Subscription thus remunerated may be subject to deductions or withholding taxes, depending on the applicable tax and social security regime.
The tax and social regime can be modified at any time, WE DO GOOD does not undertake any commitment or incur any liability in this respect with the Subscribers or more generally its Members or the Project Owners.
When it is legally required to do so, WE DO GOOD sends an annual declaration to the tax authorities, mentioning in particular, for each Subscriber liable for tax in France, the Subscriber’s identification elements, his status as an individual; the gross income received and the amount of tax deducted at source by WE DO GOOD acting on behalf of the Project Owner as agent of the Payment Service Provider as well as the category to which they relate.
The Subscriber will receive, if applicable, the income attached to the Subscriptions made on the Site, after deduction of the payment of the single flat tax, this levy being paid to the Public Treasury by the Project Owner through WE DO GOOD acting as agent of the Payment Service Provider.
The application of the flat-rate taxation and social contributions depends on the tax situation specific to each individual Subscriber according to the declaration that he has made to WE DO GOOD via the online space of the Subscriber before November 30 of the year N for application to the year N+1. In the absence of a declaration made by the Subscriber, WE DO GOOD will apply the advance on the single flat-rate deduction.
ARTICLE 5 – SPECIAL CONDITIONS APPLICABLE TO PROJECT OWNERS
The terms of this article apply to all Project Owners as defined at the beginning of these articles.
5.1 – Funding for project revenues (Royalties)
The investments planned by the Project Owner are in whole or part financed by the Subscribers via a project’s future Revenue transfer agreement, calculated according to the case on an agreed reference (revenue, savings achieved…).
The Project Owner undertakes to pay the Suscribers a portion of its Revenues, expressed as a percentage of these and defined by the Underwriters prior to the start of the Fundraising on the terms defined in the Future revenue transfer agreement used in the Fundraising.
Funds raised by the Project Owner through the payment services provided by WE DO GOOD and its providers will be paid to the Project Owner 15 calendar days after the fundraiser in order to meet the legal withdrawal deadline for Suscribers.
In accordance with the terms of the Future revenue transfer agreement approved at the time of launching its Fundraising, the Project Owner undertakes to authorize WE DO GOOD, through its payment services provider, to levy its bank account to ensure payment in the event of non-reporting and non-payment within the allotted time.
5.2 – Specific terms of use
Given the necessary credibility of the Website and the editorial line defended by WE DO GOOD, we WILL be able to deny access to the Website and Services to Project Owners and/or Projects that would not be recognized by WE DO GOOD as corresponding to the criteria of seriousness, responsibilities and innovation necessary. Responsibility is defined as not having undue and uncontrolled adverse consequences on the economic, social and ecological environment.
In addition, a Project can only be submitted by a Project Owner if it meets the WE DO GOOD selection criteria, which can be modified at any time and can be accessed at the following URL: www.wedogood.co/en/investment/selection-criteria/
Similarly, it is up to the Project Owner to animate his Project on the Website and to generate interest in a community of Members.
Indeed, it is restated that the Website is only a technical platform whose use is the responsibility of the Project Owner and that therefore neither the Website nor the Company intervene in the search for Suscribers on behalf of the Project Owner.
WE DO GOOD reserves the right to refuse the move to the Subscription Phase of a Project that less than 50 Members would have assessed during the Evaluation Phase or whose expressed investment intentions would represent less than 50% of the Threshold Floor or that a majority of the evaluators expressed a negative opinion or a low assessment on the project.
In the case of a Private Fundraising on the Website under the specific terms and conditions proposed by WE DO GOOD, WE DO GOOD reserves the right to suspend or cancel the Fundraising if it is the subject of public disclosure, being understood as public any communication accessible to everyone without restriction of access , such as a publication open on a social network, or an article broadcast by a media outlet.
In addition, if the Project is not published within 6 months of the date the Project Owner has formally agreed to collaborate with WE DO GOOD, carried out by filling out an online form, WE DO GOOD may consider the Fundraising to be abandoned and re-apply for the application fee to put it online.
5.3 – WE DO GOOD compensation by The Project Owner
In return for the use of the service, WE DO GOOD will be entitled, if successful, i.e. the minimum funding target defined in advance between the Project Owner and WE DO GOOD and as formulated at the first publication of the project page on the “WEDOGOOD.co” platform is achieved, to a salary equal to a fraction of the funds raised , defined in a quote, purchase order or service delivery agreement signed or validated via an online form by the Project Owner.
This remuneration will be due to WE DO GOOD by the project holder regardless of the degree of use by the latter of the services made available by WE DO GOOD, and will be subject to VAT at the current rate.
It will be payable to WE DO GOOD, on invoices established by WE DO GOOD, on the day of the release of the funds raised, by the bank of the project owner or by debit made directly from the funds raised by the project owner on the website wedogood.co.
Any delay in payment will give rise to the liability of late interest, the rate of which will be equal to that of the legal interest increased by five points, without the need for a prior notice.
WE DO GOOD will charge the Project Owner the management and payment fee for any payment from the Project Owner to the Suscribers. The amount of these fees is set at five percent tax-free (5% tax-free) of the amount paid, subject to agreement to the contrary between the Project Owner and WE DO GOOD, defined in a quote, purchase order or service delivery agreement signed by the Project Owner, or accepted via the filling out of an online form. They will be payable at the time of payment of the Royalty.
Any other specific benefits not provided here and provided by WE DO GOOD will be subject to a special agreement and remuneration, under the terms that will be defined by mutual agreement between the parties. In the event of the use of specific benefits on the part of the project owner, WE DO GOOD is bound by an obligation of means.
5.4 – Project Owner Responsibility
The acceptance of these special conditions implies the acceptance by the Project Owner of the use of technical tools to facilitate the material realization of the fundraising made available by WE DO GOOD. These technical tools, including the Internet WEDOGOOD.co platform, the online payment service, the electronic signature service, will be used by and under the sole responsibility of the Project Owner who accepts them.
In order to enable WE DO GOOD to carry out its missions in good conditions, the Project Owner undertakes to provide it in a timely and spontaneous manner all necessary elements and information of a commercial, technical, financial, administrative or other nature. It will have to guarantee its completeness, perfectly accurate and sincere. The Project Owner is advised that any omission or inaccuracy regarding the data provided to WE DO GOOD could significantly affect the quality of the service rendered and could incur liability with respect to WE DO GOOD and the underwriters.
The Project Owner undertakes to give WE DO GOOD, in due course, all authorizations and powers to carry out, on its behalf and on its behalf, the material operations necessary to carry out the successful fundraising.
By creating a Project, the Project Owner assures WE DO GOOD and Members, for himself and/or his legal representative:
- not be registered on one of the following Banque de France banking incident files (link: find out more about banking incident files):
- the Central Check File (FCC) which lists incidents related to means of payment (link: find out more about the FCC)
- the National Personal Loan Repayment Incident File (FICP) which concerns loans and over-indebtedness. (link: find out more about the FICP)
- the National File (FNCI) which centralizes the bank details of bank accounts opened in the name of people who are prohibited from issuing checks, closed accounts, and oppositions for loss or theft of checks. (link: find out more about the FNCI)
- not to have been subject to or not currently subject to bankruptcy proceedings, insolvency, moratorium, controlled management, payment stay, liquidation, reorganization or other similar proceedings generally affecting the rights of creditors;
- not have been or not currently be a director, officer or director or have any other management function or significant influence in a company, legal person or other legal entity that has been or is the subject of bankruptcy, insolvency, moratorium, controlled management, suspension of payment, judicial liquidation, reorganization or any other similar procedure generally affecting the rights of creditors, or which has had or currently has a significant influence on a company that is the subject of such proceedings;
- never have had a criminal record concerning his activity, not have been the subject of a criminal investigation or criminal proceedings, arrest warrant, surrender proceedings between States or have been the subject of preventive detention, imprisonment, a criminal fine or other criminal sanction and not have been the subject of a civil or administrative procedure concerning his activity and not have been the subject of disciplinary measures concerning its activity (including disqualification as a director of a company or in the context of bankruptcy, insolvency proceedings or similar measures) or is not currently the subject of investigations, proceedings or measures described above;
- have not been submitted or are currently subject to investigations or enforcement procedures or sanctions by a supervisory authority;
- not to have suffered a refusal or withdrawal of registration, authorization, membership or license to exercise an activity, a trade or a profession, not to have been the object of a withdrawal, a revocation or a termination of a registration, authorization, membership or license, not having been the subject of a removal order by a regulatory or administrative body;
- not having been dismissed from a job or position of trust, a fiduciary relationship or a similar situation and not being encouraged to resign from a job in such a position (serious alleged breach of contractual obligations);
- be covered by an insurance policy covering all risks arising from its activity.
By committing to the above items, the Project Owner undertakes to notify WE DO GOOD without delay in case some of these elements are changed in the future.
Similarly, the Project Owner undertakes to act with we DO GOOD in an open and fair manner, and to appropriately and actively transmit to IT any information that it can reasonably expect to be communicated to it for the purposes of the Underwriters’ information.
The Project Owner also undertakes to include in all communications to potential Underwriters that would mention a financial return or return on investment a message informing of the risk of loss induced by the Subscription.
WE DO GOOD reserves the right to suspend or cancel the Fundraising conducted by a Project Owner who does not comply with these commitments.
5.5 – Commitment of the Project Owner if its Fundraising is successful
The Project Owner is committed to fulfilling all of its obligations to the Underwriters, including completing the Project as defined in the Project to Be Financed and to paying them for the Counterparties described in the Project to Be Financed.
Project Owners undertake not to propose or provide an unlawful Counterparty, including a racist, discriminatory, defamatory, abusive, xenophobic, inciting violence, violating the image of third parties, violating public order, violating laws, violating professional secrecy, property and the right of trademarks, patents or any other intellectual or industrial creation belonging to third parties. , dangerous or falsified.
In the event that the Project Owner cannot compensate the Subscribers for the Agreed Counterparties, it expressly undertakes to reimburse them in full.
The Project Owner expressly acknowledges that he is solely responsible for the accounting, tax and social treatment related to the Project and in particular to subscriptions.
WE DO GOOD is not responsible for the Project Owner, which remains solely responsible for the terms and obligations that bind it with the Underwriters in the collection of Subscriptions.
The Project Owners are solely responsible for the collection of the Subscriptions they organize and the possible Counterparties they propose as part of the Projects presented on the Website.
Therefore, any risk involved in the development and progress of a Project, as well as any postponements and cancellations, are fully supported by The Project Owners.
The Project Owners may arrange refunds under the terms of the contracts that bind them to the Subscribers. WE DO GOOD is not responsible for refunds that take place or not on subscription collections.
In accepting these, the Member states that the source of the funds used by him in connection with a Subscription is not illegal and undertakes not to use it for illegal or fraudulent activity, including money laundering.
In addition, the Member will not be able to seek responsibility of WE DO GOOD in the event of a failure of the Project Owner or a breach by the Latter-de-owner of its obligations.
5.6 – Secret Professional and Project Information
WE DO GOOD will not be able to make use of the information transmitted by the Project Owner other than as part of the mission entrusted to it. WE DO GOOD will not be able to pass them on to third parties without the Project Owner’s permission. The Project Owner already authorizes WE DO GOOD to have all the information and documents about the project to be put online on the computer platform and about the project to be financed, as well as all the information and documents that will be useful and necessary to carry out the fundraising.
5.7 – Promotion on and off the Website
Notwithstanding the terms of Article 5.6 of these articles, the Project Owner herein agrees that the content and information provided should be freely exploited by WE DO GOOD as part of the operation of the Website and associated services.
Thus, the Project Owner and WE DO GOOD grant each other free of charge, for the whole world and for the duration during which the Project Owner is registered as such on the Website and for 10 years following the date of the first presentation of the Project on the Website, the rights as specified below, in order to allow themselves to operate the Service or to promote the Website, in the form of broadcast on the Internet, on mobile phone networks and/or on any other current network of communication open to the public.
As such, the Project Owner and WE DO GOOD grant each other the right, including:
- Use their name and the name and characteristics of the Project as part of the communication and promotion of the Website;
- the right to reproduce the content and information provided on the Website on any network, by any process, in any known or unknown form, in association or not with other works of any kind as long as these exploitations are carried out in connection with the promotion of the Project;
- represent or have all or part of the Project’s content represented.
The Project Owner and WE DO GOOD also expressly authorize themselves to promote and/or advertise the Project, and to broadcast with content, advertising, commercial and/or promotional messages relating to third-party products or services.
The Project Owner also expressly accepts that the content and information provided will be exploited on the Website with the presence of trademarks or logos of WE DO GOOD partners.
5.8 – Scopes and duration of special conditions applicable to Project Owners
These specific conditions apply to all Project Owners from the creation of a project on WEDOGOOD.co or from the signing of a quote, purchase order or service delivery agreement involving the use of the services available on WEDOGOOD.co and until the closing of the commitments of the Future Income Transfer Agreements concerning them.
5.9 – Unilateral waiver of The Project Owner before the end of the Fundraising
The Project Owner may unilaterally renounce the continuation of the Fundraising on the WEDOGOOD.co platform, by sending a registered letter with acknowledgment of receipt within 7 working days’ notice.
In the event that the Fundraising is in the Subscription Phase, indicated as “in the process of funding” on the project page of the WEDOGOOD.co platform, and has not yet reached the minimum target as formulated at the time of the first publication of the project page on the WEDOGOOD.co platform, the Project Owner will be charged a cancellation package of 300 euros as well as a sum representing 2% of the funds raised the day before the letter is sent to the recommended letter mentioned in the previous paragraph.
In the event that the Fundraising is in the Subscription Phase, indicated as “under funding” on the WEDOGOOD.co platform’s project page, and has achieved or exceeded the minimum objective as formulated at the first publication of the project page on the WEDOGOOD.co platform, WE DO GOOD’s remuneration will be made in accordance with Article 5.3 of these conditions.
5.10 – Payment of Counterparties via WE DO GOOD and its partners and invoices to WE DO GOOD
The Project Owner agrees to pay on time. Failing to meet this obligation, it is obliged to owe its creditor, be it the Suscriber or WE DO GOOD, late penalties equal to three times the statutory interest rate in force. It also undertakes, if applicable, to reimburse the totality of the sums directly spent by the Subscriber or its Agents or WE DO GOOD for the purpose of recovering the sums due hereunder, these expenses are, in particular, bailiffs’ fees, postal costs and the costs and commissions of recourse to a collection company, it being understood that these costs must be justified and in accordance with the standards of the market.
ARTICLE 6 – CONDITIONS FOR MESSAGE DELIVERY SERVICES
The Member or Project Owner refrains from posting any content that may mislead other members of the Website, or constitute a false statement. It alone incurs its responsibility to other Members for the harm suffered by other Members because of the inaccurate or misleading nature of such content.
The Member or Project Owner must ensure that he or she owns the rights, including intellectual property necessary for the publication of the content he distributes.
WE DO GOOD disclaims any liability resulting from the possible violation of the rights of third parties.
Members or Project Owners are solely responsible for the content they post on forums and comment spaces and undertake that published information will not violate existing legal or regulatory provisions. In particular, the Member or Project Owner refrains from posting any content that is obviously or potentially illegal, regardless of the medium (sounds, texts, images, videos, etc.).
WE DO GOOD does not exercise upstream moderation on messages and content posted online by Members or Project Owners, or to which the Website is likely to refer. It acts as a host within the meaning of Article 6 I 2 of French law 2004-575 of JUNE 21, 2004 for confidence in the digital economy, and as such engages in a simple storage activity.
Any Member or Project Owner must report to WE DO GOOD any illegal or illegal content by email, to the admin@wedogood.co address, or via the means provided for it on the platform (example: “report this content” button).
WE DO GOOD reserves the possibility of immediately removing, without prior notification and without compensation, any illegal or manifestly illegal content of which it has been aware, as well as the Personal Account of any Member who has published the illegal content.
Furthermore, under Article 6 I 7 of French law No. 2004-575 of JUNE 21, 2004 for confidence in the digital economy, the Company reserves the right to disclose to the judicial authorities any evidence that allows the identification of any Member or Project Owner who has posted a content that is manifestly illegal brought to its attention.
ARTICLE 7 – POLICY FOR COLLECTING, PROCESSING AND PROTECTING PERSONAL DATA
The Member knows and acknowledges that he or she is required to provide information about him when he registers on the Website.
This article describes the personal data protection policy (the “Policy”) and describes the commitments implemented by WE DO GOOD as a processing manager to ensure compliance with the Member’s personal data. As part of its processing of personal data, WE DO GOOD declared its website to the CNIL. The Website is registered under no.1705979.
7.1 – Data collected and processed
WE DO GOOD collects several types of data through its various online services:
- identification data (first name, surname, date and place of birth, etc.);
- contact information (phone number, postal and electronic addresses, etc.);
- transaction data (subscriptions, transfers, CB payments, abounding and withdrawals from the WE DO GOOD Account or payment service provider, for example, bank details, etc.);
- for professionals and social agents of financed companies, tax data, (tax residency country, tax identification number, etc.);
- Data about the Member’s online behaviour and preferences when browsing the Website or on third-party sites or login data;
- Member exchanges with WE DO GOOD (chat, emails, etc.);
- one or more photographs,
- one or more voice announcements, or videos,
- interests,
- data obtained with the Member’s consent and/or collected in accordance with what the regulations permit or require.
All of this data is usually obtained directly from the Member, whether by phone, chat or Internet. WE DO GOOD may, however, be required to process data obtained from third-party agencies, in order to meet its regulatory obligations or with the Member’s consent in the use of certain services.
The communication and processing of the data requested by WE DO GOOD is essential to the provision of WE DO GOOD products and services and/or to compliance with the legal and regulatory requirements to which WE DO GOOD is subject. Apart from these cases, WE DO GOOD does not collect any data without the Member’s prior consent.
Finally, WE DO GOOD automatically collects certain information about the type of browser and login equipment used (computer, mobile device) by Members for the purpose of administering its systems, combating fraud, maintaining the quality of services and providing general statistics on their use.
The Project Owner recognizes and accepts the possibility of implanting cookies into his computer in order to record any information relating to the navigation of his computer on the Website. Cookies are data that does not contain any personal information and is sent via the server to the hard drive of the Member’s or Project Owner’s computer. The role of cookies is to identify the Member or Project Owner more quickly when they log in. The Member or Project Owner is informed of its ability to object to the registration of cookies by setting up their browser accordingly. However, the use of the Website may therefore be disrupted.
7.2 – Data Processing Purposes
The treatments performed by WE DO GOOD serve a purpose based on compliance with a legal or regulatory obligation, the execution of a contract, the consent for services allowing the synchronization of external documents or the legitimate interest in commercial exploration. For example, WE DO GOOD is required to process the data for the following reasons:
- Managing the customer relationship
- Providing subscribed products and services;
- Providing services using data synchronization
- management, study and publishing of financing offer in the form of the transfer of future revenues in the form of royalties;
- compliance with legal and regulatory obligations;
- anti-fraud;
- security of computer networks and transactions;
- establishing evidence of transactions and conventions;
- debt collection and disposal, payment incident management;
- personalised offers and business proposals;
- for professionals and social agents of funded companies, communication and communication relay about the identity of the staff involved in the fundraising project.
7.3. Recipients of the data
WE DO GOOD may be required to provide certain member data to public authorities when requested, or as part of its regulatory or legal obligations. WE DO GOOD is likely to disclose the member’s personal data to its technical providers, partners, insurance brokers or legal entities of its Group whose intervention is necessary to achieve one of the aforementioned purposes.
The providers and partners involved are:
- payment service provider, Lemonway;
- tax authorities;
- for professionals and social agents of funded companies, online payment providers;
- for people investing in financed companies, financed companies;
For any provider mentioned here, these communications will be the subject of e-mail information.
7.4 – Data security
All precautions have been taken on databases to archive information from Members or Project Owners in a secure environment. Only certain employees of WE DO GOOD or any other company mandated by WE DO GOOD or belonging to the same Group have access to this information, which is only available to them when needed. The personal information provided by the Member or Project Owner at the time of registration does not constitute an advertisement accessible to third parties, nor transmitted, sold or exchanged, except in the cases referred to below and subject to its prior information and prior consent, or in the absence of opposition on its part.
WE DO GOOD uses SSL technologies to ensure the confidentiality of data transiting through networks.
7.5 – Time and data retention
To ensure the proper processing of financial transactions, Members’ personal data must be kept and updated regularly for the duration of a Future revenue transfer agreement.
In order to meet legal and/or regulatory obligations and/or to respond to requests from the authorities authorized to request it, Members’ personal data will be retained beyond the date of their last royalty payment for a period of 5 years.
Finally, some data may be stored and anonymized for use for statistical purposes.
7.6 – Members’ Rights
In accordance with the General Data Protection Regulations, the Member has the right to access, correct, erase, limit the processing, the portability of his data and define the fate of his data after his death. These rights may be exercised within the conditions and limits of the existing regulations.
The Member can exercise his rights by using the means made available on the Website, including in his personal space as well as contact the WE DO GOOD data protection officer by e-mailing: dpo@wedogood.co
The Member has the right to lodge a claim with the National Commission for Information Technology and Freedoms (CNIL), the supervisory authority in charge of compliance with personal data obligations.
In the event that WE DO GOOD is informed of the death of a Member, certified by a death notice, it will contact the person mentioned in the scope provided for this purpose in the parameters of its Personal Account by that Member, provided that the Member has properly informed the first name, last name, email address and telephone number of the person to be contacted. If WE DO GOOD manages to contact this person within 3 months, they will give them access to the deceased Member’s account. Otherwise, WE DO GOOD may delete the member’s account.
7.7 – Data privacy
WE DO GOOD is a crowdfunding platform, with the status of Intermediate in Participatory Financing, it is subject to professional secrecy. WE DO GOOD is committed to implementing all means to ensure the security and confidentiality of the information entrusted to it.
7.8 – Consent to data collection
Whenever personal information is collected, WE DO GOOD strives to include a link leading to this Policy. WE DO GOOD is likely to change this Policy. The current version is available on the Website and WE DO GOOD will notify the Member of any changes through the Website or any other means.
ARTICLE 8 – RESPONSIBILITIES
8.1 – Access to the Website
To use the Services, the Member or Project Owner must have the equipment, software and parameters necessary for the Website to function properly. The Member or Project Owner must have the skills, hardware and software required for internet use. The Member or Project Owner states that he or she is fully aware of the characteristics and constraints of the Internet.
The Member or Project Owner recognizes that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions while they are circulating on the Internet. The Member or Project Owner therefore communicates them at his or her peril.
WE DO GOOD cannot be held responsible for any incidents that may result from this transmission. In any event, the Member or Project Owner expressly acknowledges and agrees to use the Website at its own risk and under its sole responsibility.
Given the specifics of the Internet network, WE DO GOOD offers no guarantee of continuity of the Service, being required in this regard only by an obligation of means.
WE DO GOOD cannot be liable for damages related to the temporary inability to access any of the Services offered by the Website.
Any delay, suspension or cancellation in the broadcast of the Project due in particular to technical failures inherent in the operation of the Internet network, outside WE DO GOOD and beyond its control, cannot justify a refusal of payment of any kind from the Project Owner, nor can it be entitled to compensation of any kind and in any form.
WE DO GOOD cannot be held responsible for non-operation, inability to access, or poor conditions of use of the Website due to unsuitable equipment, internal malfunctions of the Member’s or Project Owner’s internet service provider, in the event of misuse of the Website or Services by the Member or Project Owner or the congestion of the Internet network in particular.
WE DO GOOD disclaims any liability for any damage or loss related to the use or inability to use the Website or its content, except as stipulated by law.
8.2 – Website Changes
The Website may be subject to changes.
Also, all information contained on the Website is subject to change at any time, given the interactivity of the Website, without this being the responsibility of WE DO GOOD.
WE DO GOOD has an obligation of means for the provision of services. It thus absolves itself of any liability for any unavailability, suspension or interruption of the Website or Services that may occur in the context of maintenance operations, equipment or software upgrades, emergency repairs of the Website or due to circumstances beyond its control (for example, but without this list being limiting, in case of technical damage or failure of telecommunications links and equipment).
WE DO GOOD strives to take appropriate measures to limit these disruptions to the extent that they are attributable to WE DO GOOD.
Furthermore, WE DO GOOD cannot be held responsible for indirect or unforeseen damage within the meaning of Articles 1231-3 and 1231-4 of the French Civil Code.
In accordance with Article 1992 of the French Civil Code, WE DO GOOD’s liability can only be sought in cases of dol or misconduct in its management.
8.3 – Information provided by Members
The information provided by a Member or Project Owner must be sincere, accurate and in line with reality. The consequences of their disclosure on the lives and/or those of other Members or Project Owners are the exclusive responsibility of the Member or Project Owner concerned.
It is recalled that the Member or Project Owner takes the initiative to disclose and disseminate information, data, texts, content, photos, videos about the Website. Therefore, the Member or Project Owner assumes full responsibility and renounces any recourse against WE DO GOOD, in particular on the basis of the infringement of his right to the image, his honour, his reputation, the privacy of his privacy, resulting from the dissemination or disclosure of information concerning him.
WE DO GOOD does not guarantee that the information presented is detailed, complete, verified or accurate. Documents, information, fact sheets, and, in general, any content present on the Website are provided in “the state” with no express or tacit guarantee of any kind.
WE DO GOOD cannot be held responsible for the inaccuracy of the information and content provided by other Members or Project Owners, Site Visitors and/or the Member or Project Owner himself.
In addition, WE DO GOOD may not be held responsible for content broadcast by a Member or Project Owner that may violate the rights of one or more other Members or Project Owners or third parties.
Members or Project Owners expressly acknowledge and accept that WE DO GOOD cannot in any way be held responsible for the Projects, including their presentation, conduct, delays or cancellations, or not the granting of Counterparties.
WE DO GOOD is not responsible for the actions or omissions of Project Owners who remain solely responsible for the full terms and conditions of the Project to Be Financed vis-à-vis Members and Underwriters in particular.
Members must therefore address all questions or complaints to Project Owners only.
The Project Owner guarantees and undertakes to compensate WE DO GOOD against any damage suffered by WE DO GOOD, as well as to protect it from any liability action that would be brought against it by a Member or, more generally, by a third party, for the violation of any right resulting from the publication and implementation of the Project on the Site.
Similarly, WE DO GOOD does not provide any duty of advice in these cases. Also, WE DO GOOD cannot in any way be held responsible for the consequences of Subscriptions. In particular, WE DO GOOD intervenes only in a limited way with Project Owners in order to assist them in the presentation and promotion of their projects.
WE DO GOOD is not liable in the event of a dispute between Members and/or Visitors and/or Project Owners.
The Website contains links to third-party websites.
Related sites are not under the control of WE DO GOOD, and WE DO GOOD is not responsible for the content of these related sites. WE DO GOOD provides these links for convenience and a link does not imply that WE DO GOOD sponsors or recommends the linked Website in question or that WE DO GOOD is affiliated with it.
Related sites are owned and operated by independent resellers or service providers and, as a result, WE DO GOOD cannot guarantee that the Member or Project Owner is satisfied with their products, services or business practices.
It is the responsibility of the Member or Project Owner to make any checks that they believe are necessary or timely before proceeding with any transaction with any of these third parties.
8.4 – No conflicts of interest
WE DO GOOD ensures that there is no situation of potential conflict of interest with regard to Projects seeking funding, involving a manager, employee or close to them.
An officer or collaborator of WE DO GOOD is authorized to contribute on his own behalf to the financing of a Project on the same terms as any Member.
8.5 – Force Majeure
WE DO GOOD’s liability cannot be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts.
ARTICLE 9 – INTELLECTUAL PROPERTY
9.1 – Content broadcast by WE DO GOOD
Brands and derivative logos are the intellectual property of WE DO GOOD.
More generally, all intellectual property rights, heritage and moral, relating to the content and information of the Website belong to WE DO GOOD, subject to any property rights that may belong to a third party and for which WE DO GOOD has obtained the necessary assignments of rights or authorizations.
The Rights conferred on the Member for the use of the Website and Services provided by WE DO GOOD do not carry any assignment or authorization to operate or use any of the Website’s elements.
All elements of intellectual property, including trademarks, drawings, texts, hyperlinks, logos, images, video, sound elements, software, layout, databases, codes… Etc. content on the Website and in associated sites are protected by national and international intellectual property law.
They remain the exclusive property of WE DO GOOD and/or its partners.
However, the texts and images published on the Website by WE DO GOOD are under the Creative Commons 3.0 license (Attribution – Share under the same conditions): http://creativecommons.org/licenses/by-sa/3.0/fr/
The above content does not include texts and images published on the Website by Project Owners.
WE DO GOOD is the producer of the Database created by the Website within the meaning of articles L.341-1 and following of the French Intellectual Property Code. Any extraction or use of the contents of the base that is not expressly authorized may incur civil and/or criminal liability of the author.
WE DO GOOD reserves the possibility of taking any legal avenues against those who have not complied with this prohibition.
9.2 – Content broadcast by Members or Project Owners
The Member or Project Owner grants WE DO GOOD a license to use the intellectual property rights attached to the content provided by the Member or Project Owner concerned for distribution on the Site.
This license includes the right for WE DO GOOD to reproduce, represent, adapt, translate, digitize, use or sub-license content relating to the Member or Project Owner (information, images, videos, description, search criteria, etc.) on all electronic communication media in the provision of its Services.
The Member or Project Owner expressly authorizes WE DO GOOD to modify such content in order to comply with the Website’s graphic charter or other communication media referred to above and/or to make them compatible with its technical performance or the formats of the media concerned.
These rights are granted to the whole world and for the duration of the current Terms and Conditions between the Member or Project Owner and WE DO GOOD.
The Member or Project Owner also prohibits copying, reproducing, or otherwise using content relating to other Members or Project Owners other than for the strict use of the Services for personal and private purposes.
ARTICLE 10 – SUSPENSION AND INTERRUPTION OF SERVICES
Without any obligation to verify the content, accuracy or consistency of the Insertion, WE DO GOOD reserves the right to refuse or remove the Insertion of a Project.
WE DO GOOD is free to remove or modify, before or after its broadcast, any content on the Website that is not related to the content normally expected, the editorial line of the Website or disrespectful of the laws and regulations in force.
To this end, WE DO GOOD is entitled to carry out electronic surveillance to identify content at issue and to take sanctions against its author, including its exclusion.
WE DO GOOD reserves the option of suspending or limiting access to the Services underwritten by the Member or Project Owner after informing the person concerned by any means in the event of non-performance by the Member or Project Owner of one of its obligations under the Terms and Conditions.
Thus, without prejudice to the provisions of Article 12 of these, in the event of a breach by a Member or Project Owner of any of its obligations, WE DO GOOD reserves the right to block any Project or content of the Member concerned, to delete messages or content of any kind, to prevent the publication of all or part of the Project, and/or to block its access to all or part of the Services, temporarily or permanently, without consideration or reimbursement and without prejudice to any remedies that may be exercised against the Member or Project Owner.
In the event of a suspension and whatever the cause, WE DO GOOD reserves the right not to reimburse, as a criminal clause, all or part of the amounts credited and which it deems necessary to repair the damage whatever its nature, which it would eventually have suffered.
ARTICLE 11 – TERM AND TERMINATION
11.1 – Duration of relationship with WE DO GOOD
The Terms and Conditions apply for the duration of the Site’s use and until the Personal Account closes for any reason.
11.2 – Personal Account Termination
The Member or Project Owner may request the termination of his Personal Account at any time, by email to the admin@wedogood.co address, or by mail addressed to WE DO GOOD, Termination Service, at the address of the head office of WE DO GOOD indicated in the legal mentions at the beginning of this document, or using the means proposed on the Website (account deletion function).
11.3 – Termination of Terms and Conditions
The Terms and Conditions may be terminated by WE DO GOOD with one (1) month’s notice.
11.4 – Termination for non-compliance with these
In addition, in the event of non-performance or non-compliance by the Member or Project Owner of any of the obligations and stipulations provided here, WE DO GOOD may modify, suspend, limit or remove access to the Website within fifteen (15) days of a formal notice addressed to the Member or Project Owner that has not remained unsuccessful, without the latter being able to claim any compensation , without prejudice to the damages that WE DO GOOD would be entitled to claim to repair the damage suffered.
In the event of a serious breach of any of the provisions of the Terms and Conditions, WE DO GOOD will be justified in terminating the Member’s Personal Account or Project Owner without notice or notice, without any compensation and without prejudice to the damages that WE DO GOOD would be entitled to claim to repair the damage suffered.
11.5 – Inactive account
In the event that a Personal Account created for at least twelve months that is not linked to a Project justifying having to pay or receive Royalties, either because it has not made any Subscription, or because it has ceased to produce effects, or if the holder of the Personal Account has not filed a Project to Finance that has actually benefited from Subscription , this Personal Account will be subject to a management fee by WE DO GOOD of ten euros per quarter.
If the balance of the Personal Account Electronic Currency Gate is zero, WE DO GOOD will have the option to cancel it after one month’s notice, notified by e-mail.
If, in accordance with its own Terms of Use, the Payment Services Provider is to terminate the User’s Account with its services, WE DO GOOD will have the right to terminate the Personal Account, after one month’s notice, notified by e-mail.
ARTICLE 12 – APPLICABLE LAW AND LITIGATION
12.1 – Correspondence and Proof
Connections between WE DO GOOD and Members or Project Owners are essentially provided by e-mail. Also, under articles 1316 and the following of the Civil Code, the Member or Project Owner recognizes and accepts that the information issued by WE DO GOOD by email and on the Site is authentic between the parties and receives the same probative force as a handwritten handwritten author.
12.2 – Notifications
Unless expressly stated to the contrary, notifications between the parties here are made by email.
Notifications are deemed to have arrived 24 hours after sending the email, unless the sender is notified of the invalid email address.
12.3 – Applicable law
Express agreement between the parties, the Terms and Conditions and the resulting transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text would be authentic in the event of a dispute.
12.4. – Claims and litigation management
In the event of difficulty or dispute between the parties in the interpretation, execution or termination of the Terms and Conditions, the parties must endeavour to resolve it as best they can and agree to seek an amicable solution in the spirit of the Terms and Conditions.
Any Member of the site may submit a complaint relating to the use of the site via the “handling of claims and disputes” page accessible at the following URL: www.wedogood.co/reclamations
In the event of a dispute, the Member can submit a written Claim to WE DO GOOD Customer Service by email: hello@wedogood.co or by mail to the address of the head office of WE DO GOOD indicated in the legal mentions at the beginning of this document.
If the Member is not satisfied with the response provided by the Customer Service of WE DO GOOD or if there is no response within 2 months, he can refer the matter to the consumer mediator chosen by the association Financement Participatif France of which WE DO GOOD is a member, designated on the following page :
The solution proposed by the mediator is not imposed on the parties, who remain free at all times to leave the Mediation process.
In the absence of an amicable solution, the most diligent party will refer the matter to the competent courts.
Consumer mediation applies only to individual Suscribers and is limited to the relationship between Underwriters and WE DO GOOD, excluding relationships between Suscribers and Project Owners or between Underwriters and the Payment Service Provider.
12.5 – Divisibility
In the event that one or more stipulations contained in the Terms and Conditions are declared null and void, the validity of the other stipulations herewith is in no way affected.
The stipulations declared null and void will, in accordance with the spirit and purpose of these, be replaced by other valid stipulations, which, given their scope, are as close as possible by law to the stipulations declared null and void.
12.6 – Waiver
The fact that WE DO GOOD does not avail itself, at one time or another, of any of the provisions of the Terms and Conditions cannot be construed as being worth waiving by WE DO GOOD to avail itself of it at a later date.
12.7 – Disposal/Substitution
WE DO GOOD reserves the right to grant to any third party of its choice all or part of its rights, obligations and data under the Terms and Conditions or to substitute any third party for the performance of these, for free or expensive, provided that the taker undertakes to take up the terms of these in his relationship with The Members. , which the Member or Project Owner accepts unreservedly.
12.8 – Continuation of contractual relations
In the event that WE DO GOOD is no longer in operation or in the event that the Website is no longer operational, the contractual relationships established between the Project Owner and the Suscriber through the platform would not be affected, and it will be up to the Project Owner to implement the means necessary to meet these obligations.
It is specified that WE DO GOOD has entered into an extinguishing management contract with its payment service provider, in the event that it is no longer in a position to continue to carry out its activities.
12.9 – Late interest and penalties
In cases where a Project Owner uses a WE DO GOOD service, whether it is a service on the Website or a service incident to a Fundraising, in the event of a payment delay of more than one month, WE DO GOOD may require late penalties at the rate of three times the statutory interest rate, in accordance with Article L441-6 of the French Code of Commerce.
General terms of use of the LEMON WAY service and the use of electronic money.
As stated in article 4.3, acceptance of these General Conditions implies acceptance of the General Conditions of Use of “LEMON WAY”, available, available at the following URL: https://www.lemonway.com/en/terms-and-conditions/
In the terms and conditions of “LEMON WAY,” the term “Customer” refers to the term “Member” in the terms and conditions of WEDOGOOD.co.