oniloo
EN

General Terms of Use

Last Updated 10/11/2023

0. Preamble

The website available at the following address: www.oniloo.com (hereinafter referred to as the 'Site') is published by the company ONILOO FINANCIAL SERVICES, a simplified joint stock company with a single shareholder, with a share capital of €1,000, whose registered office is located at 10 RUE ERNEST LUISETTI 91200 ATHIS-MONS, registered in the Evry Trade and Companies Register under number 979 048 964 (hereinafter referred to as 'ONILOO'), which offers a crowdfunding intermediation platform.

For any request related to the use of the Site and/or services offered by ONILOO, ONILOO invites its Users to send an email to the following address: contact@oniloo.com.

These General Terms and Conditions come into effect from October 11, 2023.

1. Definitions

In the context of these General Terms and Conditions, the terms and expressions listed below and whose first letter is capitalized have the meaning given hereafter. These terms will have the same meaning in both singular and plural.

  • « General Conditions »refers to these general conditions defining the terms and conditions of access to the Services;
  • « Donor Account »refers to the account created by a Donor under the conditions provided in Article 4 and allowing to contribute to the realization of a Project;
  • « Donation »refers to the transmission of a sum of money from the Donor to the Project Owner, made with a liberal intent and which may give rise to Rewards;
  • « Donor »refers to any natural or legal person who has created an Account on the Site for the purpose of supporting a Project and making a Donation;
  • « Credentials »refers to the name of the Donor or Project Owner or the pseudonym they have chosen (login), as well as the confidential code or password allowing them to access their Donor Account or Organizer Account;
  • « Goal »refers to the total amount necessary, determined by the Project Owner - to be collected for each Project.
  • « ONILOO »refers to the company ONILOO FINANCIAL SERVICES, as defined in the Legal Mentions appearing on the Site, registered with ORIAS under number 23008301
  • « Collection Period »refers to the duration, determined by the Project Owner, during which Donations can be made to support a Project;
  • « Project Owner »refers to any company or association registered on the Site with the aim of bringing and promoting one or more Projects to be realized with the support of Donations collected through the Site's intermediation from Donors, and acting in a professional capacity;
  • « Project »refers to any for-profit initiative carried by a Project Owner and published on the Site;
  • « Reward »refers to the symbolic counterparts granted to Donors in exchange for their Donations and which are defined by the Project Owners;
  • « Services »refers to the means and functionalities made available to Users by ONILOO on the Site to enable Project Owners to promote a Project and Donors to support a Project;
  • « Site »refers to ONILOO's website available at the following address: www.oniloo.com from which Customers can use the Services. The Site includes in particular all the computer components (including software and computer developments and web pages, including programs in source and object code, preparatory design work, specifications, and preliminary studies, user documentation relating to the use and operation of the website), the graphic charter (including projects, mock-ups, prototypes, and plans), the infrastructure as well as the content (including texts, sounds, still or animated images, videos, and databases).
  • « User »refers to any natural or legal person who navigates on the Site, notwithstanding the creation of an Account and who accesses and uses the Services.

2. Purpose and Enforceability

The General Conditions aim to define the terms and conditions under which ONILOO ensures intermediation between Donors and Project Owners, as well as the terms and conditions for making the Site and Services available to Users.

The General Conditions are systematically brought to the attention of Users to enable them to access and use the Services, as well as to propose Projects to Donors for the purpose of making Donations.

The General Conditions exclusively apply to all use of the Services and prevail over all other conditions, except those expressly accepted by ONILOO. Consequently, all other conditions only bind ONILOO after its written confirmation.

ONILOO reserves the right to modify the General Conditions at any time, in particular to take into account any legal, jurisprudential, editorial, functional, and/or technical evolution.

IMPORTANT: NOTE TO USERS, PROJECT OWNERS, AND DONORS.

ANY CREATION OF AN ACCOUNT AND ANY DONATION MADE FROM THE SITE IMPLIES THE EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE BY THE CLIENT OF THE GENERAL CONDITIONS BY TICKING THE BOX: 'By creating your account you accept our General Terms of Use and our Privacy Policy' AND BY ACCEPTING THEM, THE CLIENT ACKNOWLEDGES THAT THEY ARE BOUND BY ALL THE GENERAL CONDITIONS.

3. Description of Services

ONILOO provides intermediation between Project Owners registered on the Site wishing to promote a Project and Donors also registered on the Site wishing to finance a Project.
ONILOO acts as an intermediary in the connection between Project Owners and Donors.
As such, ONILOO provides Donors with software architecture and technical means allowing them to make Donations for Projects.
Donors are required to register by creating a Donor Account. Services are only accessible by creating this Donor Account.

4. CREATION OF THE DONOR ACCOUNT

4.1. Account Creation

To benefit from the Services, Users must create an Account from the Site.
The Account is protected by identification elements, a username (email address), and a login code, which are under the exclusive responsibility of the User.
The User can access their Account at any time using their username via the 'Login' tab on the Site.
When creating the account, ONILOO sends an individual login code to the User at the email address provided during their registration.

4.2. Information to be Provided

To make a Donation, Donors must:

Donors guarantee to have full legal capacity to register and use the Services and notably:

ONILOO cannot be held responsible in case of registration and use of the Site and/or Services by persons not meeting the conditions provided in this article.

To benefit from the Services, the User will be invited to create a personal Account on the Site.

The User wishing to access the Services is invited to use the username and password they will determine during their registration on the Site to log in to their Account.

The User's data communicated to ONILOO is accessible to the User at any time from their Account by clicking on the homepage of the Account and then on the 'Profile' tab.

The modalities of use of the Account and termination of the Account are detailed more fully in Article 5 of these conditions.

4.3. Account Security

The User assumes, alone, the responsibility for all connections made from their Identifiers.
Users are solely responsible for protecting their Identifiers. In this regard, Users are obligated to keep them secret and not disclose them in any form. If any of the Identifier elements are lost or stolen, the User must immediately inform ONILOO who will then proceed to cancel and/or update the concerned Identifier.
The User is required to ensure, at the end of each session, that they have effectively logged out of the Site, especially when accessing the Site from a public computer.
In case of suspicion of fraudulent use of their Account by the User, they must notify ONILOO as soon as possible at the following address: contact@oniloo.com so that it can take all necessary measures to remedy it.
If a User has lost or forgotten their password, they have a function on the Site allowing them to reset it by clicking on the 'Forgot Password' tab.
The User's password is personal and confidential. The User commits to ensuring the confidentiality of their password. In this regard, the User is obliged to keep it secret and not disclose it in any form. The User assumes sole responsibility for all connections made from their identifiers and password.
ONILOO encourages Users to use 'strong' passwords, mixing numbers, letters, and symbols as well as upper and lower case letters.
If any of the Identifier elements are lost or stolen, the User must immediately inform ONILOO who will then proceed to cancel and/or update the concerned Identifier.
ONILOO cannot be held responsible for the usurpation and/or fraudulent use of an Account in case of unauthorized, fraudulent or abusive use or due to voluntary or involuntary disclosure by the User to a third party who accessed the Site with their identifiers. The User remains solely responsible for the use that could be made of their Account by a third party who accessed the Services with their identifiers.
It is specified that in case of violation of the General Conditions by the User, ONILOO may freely refuse to open an Account for the concerned User.

5. ACCOUNT DEACTIVATION

5.1. Account Deactivation

The User's Account remains active as long as the User does not deactivate it.
The User retains the option to deactivate, without reason, their Account on the Site at any time.
To do so, the User must send an email to the following address: [contact@oniloo.com](or via the 'deactivate my account' button on the platform) requesting the deactivation of their Account. A copy of their ID may be requested to avoid any risk of identity theft.
Unsubscribing an Account is final, with the Account being irreversibly deleted, and the personal data linked to it automatically removed and cannot be recovered. However, it is expressly agreed that some personal data related to the Account will be kept for legal reasons (including accounting) and this, in accordance with ONILOO's Privacy Policy accessible on the Site.
Unsubscribing an Account does not prevent Users from re-registering and creating a new Account with a new email address. However, ONILOO reserves the right to refuse the re-registration and creation of a new Account (even with a new email address) especially if a dispute with the User is existing.

5.2. Account Suspension in case of Breach

ONILOO also reserves the right to suspend without notice access to the Account and/or the Site and/or the Services or, depending on the severity of the acts, delete the User's Account without any compensation being claimed if ONILOO considers that the User has violated any of the provisions of the GCU and particularly, without this list being exhaustive, in case of:
ONILOO will inform the User by email of the suspension and/or deletion of their Account.
In case of fraud, the fraudulent Account will be immediately suspended or suspended at the sole discretion of ONILOO. ONILOO will submit any information concerning the fraudulent Account, if necessary, to local authorities and/or financial institutions.
It is expressly agreed that in case of suspension or closure of the Account, the User will no longer be able to access the Services, unless they proceed to create a new Account.
When ONILOO revokes the suspension or closure of the Account, it reinstates the User without undue delay, including restoring access to data resulting from the use of the Account before the suspension or closure took effect.

6. MANAGEMENT OF DONATIONS AND REWARDS

6.1. Collection of Donations

The amount of Donations is displayed on the 'Project' page and is expressed in euros (€). It is the Donor's responsibility to pay any applicable tax or associated duty.

The Donor is free to allocate their Donations to one or several Projects presented on the Site.

As a crowdfunding organization, ONILOO is responsible for implementing procedures to combat money laundering and terrorism financing for any Project whose financing corresponds to amounts exceeding the threshold of 150 euros (Article L. 561-2-3 of the Monetary and Financial Code and Article D. 561-4-1 of the Monetary and Financial Code). Consequently, the Donor commits to providing, upon first request, the following documents:

6.2. Means of Payment

Donations are payable by the secure payment service provided by Stripe, whose terms and conditions are accessible on its website at the following address: https://stripe.com/, which will collect and keep all transactions made by the Donors.
The Donor undertakes to be the authorized holder of any credit/debit card or means of payment used for the payment of Donations and that this means of payment provides access to sufficient funds to cover the amount of the Donation.
Upon receipt of the Donation, a request to debit the bank account will be sent to the paying institution. The Donation will be validated upon receipt of the account debit authorization from the paying institution. In case of payment by credit card, the Donor will be charged the sum defined at the time of payment validation.
In case of refusal of the transaction, the Donor's Donation will be automatically canceled.
ONILOO cannot be held responsible in case of fraudulent use of the payment means used.

6.3. Collection of Donations

Donations are collected by ONILOO only if the Project Owner reaches their Funding Goal for the Project during the Collection Period.
If the Funding Goal of the Project is not reached by the Project Owner during the Collection Period, the Donors will be refunded the amount of Donations made.
In case of cancellation of a Project whose Goal has been reached, the Donor will be refunded by the Project Owner and ONILOO cannot be held responsible for refunds of Donations collected through the Site.

6.4. Tracking Donations

Donors and Project Owners can follow, during the Collection Period of Donations applicable to Projects proposed on the Site, the evolution of Donations collected for each Project on the Site.
ONILOO will transmit to the Donors the information received from the Project Owners concerning the start and progress of the Projects supported, as well as, where appropriate, the completion and results of the Projects funded by the Donors.

6.5. Tax Receipts

Project Owners are responsible for issuing and directly transmitting to the Donor any potential tax receipts attesting to the contribution to Donations made through the Site.
It is the Donor's responsibility to verify their eligibility to benefit from tax deductions on all or part of the Donations made through the Site, in accordance with the provisions of the French law in force.
Any claim related to the production of these tax receipts and the information contained therein must be addressed directly by the Donor to the Project Owner.

6.6. Rewards

The Reward(s) offered in return for a Donation are delivered according to the modalities indicated by the Project Owner on the Project page.
The Donor undertakes to inform ONILOO, and, where appropriate, the Project Owner, of any change in billing and/or contact details that may occur between the Donation and the Reward. Otherwise, in case of delay and/or error in sending the Reward, the Donor cannot hold ONILOO or the Project Owner responsible for non-delivery.

7. FINANCIAL CONDITIONS

In return for the Services provided, the Donor must pay ONILOO a percentage of three percent (3%) of the total amount including taxes (TTC) of the Donations made through the Site, excluding bank transaction fees.

The commission is due when the Funding Goal of the Project has been reached.

The payment of the commission will be made by bank transfer.

8. Access and Availability of the Site

8.1. ONILOO implements all reasonable means at its disposal to ensure quality access to the Services. The Services are accessible via the Site seven (7) days a week and twenty-four (24) hours a day.

However, due to the nature of the Internet, ONILOO does not guarantee uninterrupted operation and access to the Services seven (7) days a week and twenty-four (24) hours a day.

ONILOO cannot be held responsible for deterioration or loss of data due to a malfunction of the networks or any other reason independent of its will and beyond its control, and, in general, for any deterioration or malfunction.

8.2. ONILOO reserves the right to interrupt the operation of the Site and/or all or part of the Services at any time, with or without notice, particularly for corrective and evolutionary maintenance of these, or to evolve their content or presentation. Whenever possible, ONILOO will inform Users in advance of any corrective or evolutionary maintenance operation.

Moreover, Users acknowledge that the Site and/or the Services may be interrupted for reasons beyond ONILOO's control and that ONILOO cannot therefore guarantee continuous access to the Site and the Services.

In any case, ONILOO cannot be held responsible for any interruption and/or malfunction of the Site and/or the Services, whatever the cause.

Users are invited to inform ONILOO of any technical problem they encounter during their navigation and/or use of the Site and/or the Services, by writing to the following address: [contact@oniloo.com] and describing the problem encountered.

Finally, ONILOO reserves the right to evolve the Site and/or the Services, particularly for technical or commercial reasons. When these changes do not substantially and/or negatively alter the conditions of the provision of the Services, Users may be informed of the changes that have occurred, but their acceptance is not requested.

9. Obligations and Guarantees of ONILOO

9.1. ONILOO offers a paid intermediation service intended to facilitate the financing of Projects organized under the sole responsibility of the Project Owners.

Donations made by Donors should not be interpreted as constituting any contractual link whatsoever between the Donor and ONILOO, ONILOO being a simple intermediary between the Project Owner and the Donor in the promotion of a Project.

The obligations undertaken in the context of these conditions are exclusively those of the Site towards the Donor and the latter cannot seek the contractual responsibility of ONILOO in case of failure of the Project Owner to fulfill their obligations.

ONILOO is not responsible for the actions of the Project Owners who remain solely responsible for the terms that bind them with the Donors in the context of the collections of Donations through the Site.

Project Owners are solely responsible for the collection of Donations they organize through the Site and any possible Rewards they offer to Donors in the context of the Projects presented on the Site. Consequently, any risks that the development and progress of a Project may entail, as well as any possible delays and cancellations, are entirely borne by the Project Owners.

9.2. ONILOO reminds every User that it strives to provide its best efforts to avoid any problems regarding the use of the Services but that its responsibility cannot be engaged for any damage resulting from the use of third-party sites to which the User may be redirected.

The User is solely responsible for their use of the Services.

The User accepts and acknowledges that they are solely responsible for the information contained on the Site that they have transmitted to ONILOO.

ONILOO declines any responsibility in case of possible loss of information accessible on the User's Account, the latter must save a copy and cannot claim any compensation in this respect.

ONILOO does not act as an Internet access provider. As such, ONILOO cannot guarantee either the quality of the Internet connection, or the absence of interruption specific to the network.

ONILOO commits to carrying out regular checks to verify the functioning and accessibility of the Site. As such, ONILOO reserves the right to temporarily interrupt access to the Site for maintenance reasons.

Likewise, ONILOO cannot be held responsible for difficulties or temporary impossibilities of access to the Site that would have their origin in circumstances that are external to it, force majeure, or that would be due to disruptions of the telecommunications networks.

ONILOO does not guarantee to Users (i) that the Site, subject to constant research to improve, in particular, its performance and progress, will be completely free of errors, vices, or defects, (ii) that the Site, being standard and not proposed to the sole intention of a given User according to their own personal constraints, will specifically meet their needs and expectations.

No information or advice provided by ONILOO to Users in the context of the use of the Services should be considered as granting a warranty.

ONILOO cannot be held responsible towards the User for any loss or damage they may suffer as a result of any change or temporary or definitive deletion by ONILOO in the offer of Services or functions offered on the Site.

In any case, the liability that may be incurred by ONILOO under these conditions is expressly limited to only direct damages proven suffered by the User.

9.3. ONILOO cannot be held responsible for unforeseeable events such as cyber-attacks, security breaches in data transmission, or performance guarantees regarding the volume and speed of data transmissions. In these conditions, it is up to Users to take all appropriate measures to protect their own data and/or software, in particular from contamination by possible viruses circulating on the Internet.

10. OBLIGATIONS AND GUARANTEES OF USERS

10.1. By accessing the Site, the User declares, guarantees, and commits to:

10.2. It is strictly forbidden to use the Services for the following purposes:

It is strictly forbidden to monetize, sell, or concede all or part of the access to the Services and/or the Site, as well as the information hosted and shared there.

10.3. Users are solely responsible for their choice to use the Services and for their suitability to their needs, for securing their computer systems, and for backing up their data.

Moreover, they are personally responsible for the use of the Services and for the information provided, particularly in the context of creating their Account and using the Services.

Users guarantee and indemnify ONILOO against any damage suffered by it and against any liability action that may be brought against it on the basis of a violation of the Terms and Conditions and/or any right of a third party. In the case of clear fraud, ONILOO reserves the right to communicate all necessary information to the competent authorities responsible for the repression of such frauds and offenses.

10.4. In case of a breach of any of the provisions of the Terms and Conditions or, more generally, of an infringement of current laws and regulations by a User, ONILOO reserves the right to take any appropriate measure, including:

In the event that access to the Site and/or the Services is suspended for any reason, Users will not be entitled to any compensation of any kind.

10.5. Generally, in the case where a User does not comply with the Terms and Conditions, every User acknowledges and accepts that they are solely responsible for any direct and indirect damages resulting therefrom to ONILOO.

11. Intellectual Property

The Site and certain elements (including editorial content, illustrations, studies, and videos) appearing on the Site are protected by intellectual property laws, particularly copyright law, and are the exclusive property of ONILOO.

Similarly, the trademarks, logos, graphics, and animations contained on the Site are the exclusive intellectual property of ONILOO.

It is agreed that no provision of the Terms and Conditions shall result in any transfer of intellectual property rights of ONILOO regarding the intellectual property elements that may be implemented on the Site.

Users therefore commit not to directly or indirectly infringe upon the intellectual property rights of ONILOO.

Furthermore, Users are prohibited from reproducing or exploiting the studies, videos, trademarks, logos or, in general, any content of the Site without the express, written, and prior authorization of ONILOO.

Users are informed and acknowledge that the Site and/or the Services may contain confidential information or information protected by the current intellectual property law or any other law. Users agree not to modify, rent, borrow, sell, distribute this content or create derivative works incorporating all or part of this content, unless they have previously received the express authorization of ONILOO.

12. Personal Data

In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, promulgated on June 21, 2018, relating to information technology, files, and freedoms known as the 'Data Protection Act', its implementing decree No. 2018-687 of August 1, 2018, and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the User is informed that ONILOO processes their personal data automatically for the purpose of using the Site, processing, and managing commercial relationships, presenting the Projects, and sending Donations.

For more details, the User is invited to consult the 'Privacy Policy' link available on the Site.

13. Links and Third-Party Sites

When using the Site, Users may have access to various links directing them to third-party sites, particularly to partner sites.

ONILOO cannot be held responsible for the technical availability of internet sites or mobile applications operated by third parties to which the User would access through the Site.

ONILOO does not assume any responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

ONILOO is also not responsible for transactions between the User and any advertiser, professional, or merchant to whom the User is directed through the Site and cannot be a party to any potential disputes with these third parties, particularly concerning the delivery of products and/or services, warranties, representations, and other obligations to which these third parties are bound.

14. Miscellaneous

14.1. Duration

The Terms and Conditions are valid and applicable as long as Users use the Services and/or browse the Site.

14.2. Modification

ONILOO reserves the right to modify, at any time, the Terms and Conditions, particularly to take into account any legal, jurisprudential, editorial, functional, and/or technical evolution of the Site and/or Services.

The prevailing version is the one accessible online on the day of the use of the Site and/or Services.

Any use of the Site and/or Services by the User after the publication of the modified Terms and Conditions implies the User's unreserved and express acceptance of the new Terms and Conditions.

The Terms and Conditions are updated regularly. Therefore, Users are invited to consult them at each visit to the Site.

Moreover, any modification becomes applicable fifteen (15) days after the notification by email of the update of the Terms and Conditions to the Donors.

In case of disagreement with the new provisions of the Terms and Conditions, the Donor agrees to cease accessing the Site and using the Services and to request the deletion of their Donor Account at the following address: contact@oniloo.com.

14.3. Partial Invalidity

Generally, if one or more clauses or stipulations of the Terms and Conditions are held to be invalid or declared null or unenforceable by law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

14.4. Language

The applicable language of the Terms and Conditions is French. If a translation is made, only the French language version shall have contractual value.

14.5. Evidence

Files, data, and messages recorded in the computer systems of ONILOO will be admitted as evidence of the acts and facts occurred between ONILOO and the Project Holders or Donors.

The preservation of records is presumed, unless proven otherwise, to have taken place under reasonable security conditions if messages, data, and other documents are systematically recorded on a reliable and durable medium.

15. Applicable Law - Disputes

The Terms and Conditions are subject to French law.

For any difficulty and/or question about the Projects or Donations, Users are invited to contact customer service to attempt to find an amicable solution by email at the following address: [contact@oniloo.com].

In accordance with the provisions of Article L.211-3 and Article L.612-1 of the Consumer Code, the User is informed that any dispute that may arise between ONILOO and them concerning the validity, interpretation, execution or non-execution, interruption, or termination of the rights and obligations of the Terms and Conditions, may, after prior written steps by the User towards ONILOO and if the settlement has not been successful, be submitted to consumer mediation.

The following mediator is proposed: MCP Mediation accessible at the following address: www.mcpmediation.org.

The User and ONILOO remain free to accept or refuse recourse to consumer mediation. Moreover, the solution possibly proposed by the consumer mediator will not be binding on the User and ONILOO, who may renounce it.