General terms and conditions of use of YesByCash - Version 5.5

Preamble

These general terms and conditions govern the use of the Payment Solution YesByCash performed by Transaction services International (TSI).

1. Definitions

The words and terms used in these General Terms and Conditions (hereinafter “GTC”) starting with a capital letter have the meaning given to them below:

YesByCash
Means the technical solution for payments based on electronic money that allows the purchases of goods and services online on a pre-enrolled Merchant and paying them in a physical point of sale. YesByCash is not reloadable. Each YesByCash payment is unique. YesByCash is neither a deposit nor payment account. YesByCash is a tradename of Transaction Services International.

Payment Solution
Refers to the set of rules allowing for the processing, clearing and/or settlement of payment transactions with a YesByCash Order Code.

Issuer
Means the company Transaction Services International (TSI), a limited company under French law with share capital of € 1,052,633 registered in the Companies Register for Nanterre under number 450 932 710 000 46 with its registered office at 91 boulevard National 92250 La Garenne-Colombes, France. TSI is authorised to issue e-money by the French Supervisory Authority (Autorité de Contrôle Prudentiel et de Résolution – “ACPR”), at 61 rue Taitbout, 75436 Paris Cedex 09. TSI has code CIB 16118; its authorisation is available on-line at www.regafi.fr. TSI is subject to the regulations on e-money provided for notably in the French Monetary and Financial Code, and is placed under the supervision of the ACPR.

User
Means the competent person who uses the YesByCash solution to make online purchases

Customer Space
Means the User’s personal space on the website www.yesbycash.com where she/he can activate a KYC process (know your customer).

Point of sale
Refers to any Retail Outlet authorised by the Issuer to distribute the YesByCash Service where the Authorised Outlet is specifically authorised for this service. A list of these can be found at www.yesbycash.com.

Order Code
Refers to the code that is generated by the Partner when goods and/or services are ordered on the website of Partners and will be used in the implementation of the YesByCash Service.

Transaction
Refers to any sale of goods or services ordered by the User on the websites of Partners and paid for at a Point of sale using the YesByCash Service.

Partners
Refers to the electronic commerce website accepting a payment for the purchase of goods and services by way of YesByCash.

Services
Means the goods or services offered by the Partners’ seller websites.

 

2. Purpose

2.1 These GTC govern the terms and conditions of sale, use and refunds relating to YesByCash.
2.2 YesByCash is personal and non-transferable.
2.3 The use of YesByCash entails full acceptance of these General Terms and Conditions by the User.
2.4 These General Terms and Conditions may be viewed and downloaded at www.yesbycash.com. On request, a hard copy will be sent to the User.
2.5 The User is informed and expressly accepts that notifications to him/her by the Issuer shall be sent by email.
3. Performance of Transactions through the YesByCash Service
3.1 In order to use this service, the User shall place an order on the Partner’s website and choose to make the payment through the YesByCash Service. The User shall validate the Terms and Conditions of the Partner’s website and those of the Issuer.
3.2 The Partner shall generate an Order Code and send it to the User in the confirmation email. The User is informed that the Order Code shall be valid for 7 days. Beyond this period, the User may no longer carry out the payment for the Transaction related to the pre-order initiated on the Partner’s website. The Order Code shall also be sent to the Issuer and automatically attached to the User’s YesByCash transaction history. If this first Transaction is not completed within the time limit, the User shall be informed that the order and the request to open the YesByCash transaction history will be cancelled.
3.3 The User shall go to the Point of sale and present the Order Code to the distributor (the User may copy it, print it, or display it on his/her smartphone or tablet) in order to pay for the amount of the pre-order (in cash or bank card payment where this payment method is accepted by the Point of sale).
3.4 YesByCash shall then allocate the Electronic Money issued on receipt of the funds for the payment of the order for which the User wished to use the YesByCash Service. The Point of sale shall validate the Onsite Transaction and provide a receipt to the User.
3.5 If the Order Code is invalid (for example, expired or unknown code), the loaded amount of Electronic Money is insufficient, or the Point of sale detects a fraudulent transaction, or an attempt to execute a prohibited transaction, the Transaction shall be refused.

4. User consent to the execution of a Transaction

4.1 A payment transaction shall be authorised if the User has given his/her consent for its execution. Once the payment order has been received by the Issuer, it may no longer be revoked.
4.2 For payments made through Onsite Transactions, the user shall be considered to give his/her consent by presenting the Order Code at the Point of sale for the purposes of executing the Transaction. Once the Point of sale enters or scans the Order Code, the Issuer shall be considered to have received the payment order.

5. Execution of the payment order

5.1 Once the payment order is received by the Issuer and the controls relating to the Transaction have been performed, the Issuer shall execute the Transaction as soon as possible, subject to exceptions as provided in articles 13.2 and 13.3 hereof.
5.2 The Issuer reserves the right to block the YesByCash Transaction for objectively justified reasons related to the security of the Transaction or the presumption of unauthorised or fraudulent use of YesByCash. The Issuer shall notify the User of its decision as soon as possible unless prohibited by national or European Union laws. The Issuer shall unblock the YesByCash Transaction as soon as the reasons justifying the block no longer exist. The User may contact the customer service department to request the unblocking of the YesByCash Transaction.
5.3 The Issuer reserves the possibility to refuse to execute the payment order placed by the User. It shall notify the User as soon as possible of its refusal to execute the payment order and indicate the reasons, unless prohibited by national or European Union laws. If the refusal is the consequence of a clerical error, the Issuer shall inform the User of the procedure to be followed to correct this error. The Issuer reserves the possibility to charge fees to the User for such a notification.

6. Acceptable evidence

The data recorded by the Issuer’s computer system, complemented by data from the payment systems involved in transactions, shall, barring evidence to the contrary, constitute proof of the purchases made by the User with the Payment Solution and purchases made by the User with the Partners.

7. Refunds

7.1 The User may ask the electronic money to be redeemed if the Partner refuses the Transaction. The electronic money will be redeemed at nominal value free of charge.
7.2 The User may choose to be refunded by bank transfer to a bank account or a payment account opened in the User’s name. Refunds are sent by the Issuer within 30 days. If the User would like to be refunded in cash, he must contact the Issuer to reach an agreement on the appropriate measures. The User is advised that Points of sale are not authorised to issue refunds in cash.
7.3 In all cases, the User must send the Issuer a written request, stating the Transaction order to be refunded, accompanied by:
– the corresponding Code,
– the BIC/IBAN (bank identity code) of the account in which the User would like to receive the funds, if the refund has been requested by transfer,
– a copy of both sides of a valid official identity document held by the User, showing his photograph,
– the User’s full name and address (street, street number, town, postcode and country).
7.4 The request for a refund must be sent to the following address: Transaction Services International, After-Sales Department, 91 boulevard National 92250 La Garenne-Colombes, France.
7.5 The Issuer may request any additional information and/or document concerning the User and the transactions, before issuing any refund. The Issuer may suspend or refuse a refund in the event of an unsatisfactory response. The Issuer endeavours to give the reason for suspension or refusal, insofar as this is authorised by current legislation, particularly on the prevention of money laundering and financing of terrorism. The Issuer may not be held liable nor shall it pay any damages in this respect.

8. Amendment of the General Terms and Conditions – Assignment

8.1 The Issuer reserves the right to amend these GTC, by setting out the changes at www.yesbycash.com two (2) months before they come into force.
8.2 The User may object to these amendments at any time within the 2-month period. By objecting to the new General Terms and Conditions, the User is terminating the contract with immediate effect.
8.3 If the User does not object, the amendments are deemed accepted and the new online GTC shall prevail over the previous GTC, notably in their printed version.

9. Complaints – Ombudsman

9.1 Any reasoned complaint may be made online at contact@tsi-payment.com or submitted in writing to: Transaction Services International, After-Sales Department, 91 boulevard National 92250 La Garenne-Colombes, France.
9.2 In accordance with Article L. 316-1 of the French Monetary and Financial Code, on receipt of the complaint, if the aforementioned complaint is unsuccessful, the User may refer the matter to the Ombudsman at the following address: The Ombudsman of the ASF (French Association of Financial Companies), 75854 Paris cedex 17, France.
9.3 The Ombudsman is required to rule within two months of referral of the matter to him. The findings and statements gathered by the Ombudsman may not be furnished or invoked in the proceedings without the parties’ consent. This mediation procedure is free.

10. Disputes with sellers

10.1 The Issuer accepts no liability regarding the Services paid for using the Payment Solution. The User shall settle directly with the Partner or the seller’s site any dispute of any kind in connection with the Service or the goods or services sold on the seller’s site.
10.2 Refunds on a Service paid for using the YesByCash payment solution depends on the terms and conditions of use of the Partner concerned. The User must make inquiries with the Partner.

11. Rules on the prevention of money laundering and the financing of terrorism

11.1 The Issuer is subject to applicable national regulations on the prevention of money laundering and terrorism financing.
11.2 YesByCash is a non-reloadable payment instrument. The Use of YesByCash requires the identification of the User.
11.3 The Issuer shall verify the identity and status of the User and of his transactions, based on documentary evidence of identity and any other document it shall deem fitting to this end, in accordance with the provisions currently applicable, particularly in the following cases:
– When the User makes a request for a refund;
– Once the User intends to establish a business relationship with the Issuer by the repeated use of YesByCash;
– At any time, when the Issuer suspects money laundering or the financing of terrorism;
– In all the other cases provided for in this document; by the legislation currently in force and by the Issuer’s policy for the prevention of money laundering and terrorism financing.
11.4 The USER recognizes being informed by TSI and agrees to obey the legislation providing that a payment made to French debtors in France with electronic money issued in France is legally capped when carried out to perform a single debt. The debt to be paid must be not higher than EUR 3000 when the User is a French Tax resident or is acting on behalf of a business activity (French Monetary and Financial Code, article L. 112-6). The high limit is EUR 10000 when the USER is not a French Tax resident and is not acting on behalf of a business activity. If the transaction takes place outside of France, these provisions do not apply.

12. Liability

12.1 The Issuer shall only be liable for the direct damage sustained by the User, and this, within the limit of the amount of the Transaction or of the funds stored on the e-money device, to the exclusion of all indirect damage such as, for example, harm to reputation.
12.2 The Issuer and its Points of sale and subcontractors shall make their best efforts to provide a continuous, quality service to the User. However, the Issuer does not guarantee the ongoing availability of the Point of sale and the Partners.
12.3 The Issuer shall make its best efforts to provide a service to the User under optimal security conditions. However, the Issuer shall not be held liable for failures in the security of the service outside its control, particularly due to the User or any third party involved in the execution of the service or the Transactions and particularly the Partner as part of Onsite Transactions. The Issuer disclaims all liability for failures of third parties involved in the performance of the service and the Transactions: other payment service providers, payment system operators, telecommunications operations, merchants, postal services, etc.
12.4 Since use of the Payment Solution requires use of the internet and mobile networks, the User recognizes that he is aware of (i) the nature of the internet and the mobile networks and in particular, their technical performance and the response time necessary to view or access information relating to Payment Solution and (ii) the relative technical reliability of data transmission on these networks, such transmission occurring on heterogeneous networks with diverse technical characteristics and capacities, which may sometimes be overloaded or inaccessible. The Issuer is not responsible for temporary problems and/or temporary lack of access in viewing the balance of the Payment Solution electronically.
12.5 The Issuer accepts no all liability in the event of use of YesByCash on a site that does not belong to the Partners, a list of which is available on the website of the Payment Solution as well as in case of refusal by a Partner to accept the payment for a good or service using YesByCash.
12.6 The Issuer shall not be held liable for breach of contract where such breach directly or indirectly results from the application of legal obligations provided for by national or European laws of any nature, including but not limited to obligations related to the fight against money laundering and the financing of terrorism.
12.7 The Issuer disclaims all liability as to the goods and services paid for using the Payment Solution. Any dispute pertaining to such goods or services must be settled directly with the Partner in question.

13. Protection of personal data

13.1 The Issuer is responsible for the processing of Users’ personal data, and guarantees the security and confidentiality of that information, in accordance with the regulation on the protection of personal data and professional secrecy. The Issuer has made available on its web sites for the User and any concerned person, in TSI’s Policy of confidentiality and protection of personal data.
13.2 The subscription, funding, and use of this Service shall result in the collection, processing, and retention of personal information about the User. The collected information shall be electronically processed in order to proceed with the Payment solution and subsequent transactions, provide the services requested by the User, and prevent money laundering, terrorism financing, and fraud.
13.3 The data is intended for the sole processing of the Issuer, who reserves the right to pass this information onto its subcontractors for the reasons set out above. The User has a right of access and correction concerning the information relating to him. This right may be exercised through the process described in TSI’s Policy of confidentiality and protection of personal data.
13.4 The User accepts that his/her personal data provided to the Issuer may be sent to a Point of sale and subcontractors of the Issuer established in the European Union for the reasons stated above. The Points of sale and subcontractors of the Issuer are subject to confidentiality obligations.
13.5 The User agrees to be contacted by the Issuer as part of the quality control of the service or by a representative specially designated for this purpose. The personal data of the User will not be transmitted to third parties for the purpose of commercial prospection, without the prior consent of the User.
13.6 The Issuer retains the right to subcontract part of its customer services outside the European Union. The Issuer will then implement legal and technical provisions to guarantee the security of the data. The use of the product constitutes consent to such a processing. The User can decide to oppose the transfer of the personal data outside the UE.

14. Suspension – cancellation

14.1 The Issuer reserves the right to block the YesByCash transaction and/or to cancel these General Terms and Conditions with immediate effect in the case of failure by the User to comply with these General Terms and Conditions, suspicion of fraud or illegal use of YesByCash, or in order to fulfil a statutory or regulatory obligation, without prejudice to any other rights and redress.
14.2 The User may cancel these General Terms and Conditions at any time. To do so, he must contact contact@tsi-payment.com. Cancellation takes immediate effect. The User’s YesByCash Transactions are then immediately blocked and can no longer be used to complete a transaction. After cancellation, for whatever reason, the User may request a refund of the emoney funds.

15. Intellectual property

15.1 The Issuer shall retain exclusive, full ownership of all intellectually property rights attached to the Payment Solution and the associated services, such as the software, website, domain names, trademarks, logos, or other related distinctive symbols held by the Issuer.
15.2 No rights of any kind shall be transferred or licensed to the User.

16. Communication

16.1 Communications between the Issuer and the User shall be carried out in English or French.
16.2 Notifications sent to the User about these general terms and conditions shall be considered validly transmitted when they are sent to the email address provided in accordance with the execution of the YesByCash transactions.
16.3 Notifications sent to the Issuer shall be considered validly transmitted when they are sent to the following addresses:
– email: contact@tsi-payment.com
– postal address: 91 boulevard National 92250 La Garenne-Colombes, France.
16.4 The Issuer’s customer service department is available Monday to Friday from 9:30 a.m. to 12:30 p.m. and 2:00 p.m. to 6:00 p.m. on 01 82 97 05 01.

17. Applicable law and courts with jurisdiction

17.1 These terms and conditions are governed by French law.
17.2 Any substantiated complaint can be made online using an after-sales service module available at contact@tsi-payment.com or sent in writing to: TSI, Service Après-Vente, 91 boulevard National 92250 La Garenne-Colombes, France.
17.3 In accordance with Article L. 316-1 of the French monetary and financial code, upon receipt of the complaint, in case of failure of the aforementioned complaint, the User may refer the matter to the mediator at the following address: Monsieur le Médiateur de l’ASF (Association française des sociétés financières) 75854 Paris Cedex 17. The mediator is required to give a ruling within a two-month period starting from the referral. Facts and statements collected by the mediator may not be produced or cited in further proceedings without approval from both parties. This mediation procedure is free of charge.
17.4 If the parties fail to reach an amicable agreement, any dispute arising in connection with this contract, its interpretation, or its performance shall be subject to the jurisdiction of the courts of Nanterre, unless otherwise provided under consumer law.

18. Protection of funds

All funds collected in consideration for the issue of e-money by the Issuer are protected under the provisions set out in Article L. 526-32 of the French Monetary and Financial Code.