ADDPAID GENERAL TERMS AND CONDITIONS OF ASSIGNMENT AND USE (29 may 2019)

Introduction

Amaro Services s.a.r.l., a French company with a share capital 1 000 Eur, with identification number under process, having its registered office 30 Route des Creusettes, Immeuble Axial, 74330 Poisy, France registered in the trade register kept by the City Court of Annecy, represented by its director (hereinafter “Amaro”) makes available to creditors, on its website available at www.addpaid.com (hereinafter the “Site”), an unpaid debt management tool on which they can report Unwilling Debtors and, in this way, facilitate their debt recovery (hereinafter the “Addpaid Service”).

Amaro provides a simple data hosting service. It cannot be regarded as a debt collection company and does not make any subjective or qualitative assessment of the existence, the fixed nature of their amount or the payable status of debts that may be declared by a user as part of the Addpaid Service. In the event that abuse or an error by a user of the Addpaid Service is reported, Amaro will make every effort to remedy the situation if a manifestly unlawful infringement has taken place in accordance with applicable provisions in that respect.

These general terms and conditions of assignment and use (hereinafter the “GTCSUs”) are intended to define the conditions of access and use of the Site and the Addpaid Service by Users and Visitors (as defined below).

Access to the Site and use of the Addpaid Service are subject to the consultation and acceptance of and full compliance with these GTCSUs. These GTCSUs constitute an agreement governing relations between the User or Visitor and Amaro. They supersede any previous provisions not expressly mentioned or enclosed and constitute the entirety of the rights and obligations of Amaro and the User or Visitor in relation to the Addpaid Service.

These GTCSUs apply:

  • for Visitors: from the time they connect to the Site until they stop browsing the site. By accessing and using the Site the Visitor expresses its consent to these GTCSUs and undertakes to comply with them;

  • for Users: from the time that their User Account (as defined below) is activated until it is closed for any reason.

These GTCSUs should therefore be read carefully before visiting the Site and using the Addpaid Service. Any Visitor or User that does not accept some or all of the provisions of the GTCSUs shall leave the Site and shall not use the Addpaid Service.

Amaro reserves the right to amend some or all of these GTCSUs at any time. The GTCSUs thus amended will be enforceable with respect to Visitors and Users commencing from the day of making them available on the Site. If a Visitor or User continues to use the Addpaid Service and to consult the Site after being informed of amendments to the GTCSUs, that ongoing use shall constitute acceptance of the new version of the GTCSUs by the User and/or Visitor.

Any Visitor and/or User of the Site and/or the Addpaid Service is required to refer to the sole online version of the GTCSUs on the date of consultation, which will automatically be the latest version. It will be able to download and/or print that version. In the event of any conflict with any other rules, policies or operational procedures that do not expressly provide for an exception, the GTCSUs shall take precedence.

Definitions

In the GTCSUs, words or expressions starting with a capital letter shall have the following meanings:

  1. Alerts” refers to a paid subscription service allowing a User to be alerted in the event that it or a specifically designated individual or legal person is the subject of an unpaid debt declaration made by a User as part of the Addpaid Service.

  2. GTCSUs” refers to these “General Terms and Conditions of Assignment and Use” and the agreement entered into between the User and/or Visitor and Amaro relating to the use of the Site and/or the Addpaid Service.

  3. User Account” refers to the personal account reserved for the User of the Site and of the Addpaid Service, containing in particular its personal information and enabling it to manage its use of the Addpaid Service as defined below. The creation of the User Account also enables the Unwilling Debtor to pay sums corresponding to an unpaid debt declaration, to monitor the payment schedule according to the User’s settings and to dispute, as the case may be, an unpaid debt declaration made by a User.

  4. ADDPAIDplus” refers to ADDPAID+ s.r.o,, a Czech company with share capital of 200 000 CZK, registered with the Czech Republic trade and companies register under number C 304080, ICO 076 14 705, whose head office is located at Husova 240/5, Staré Město, 110 00 Prague 1, Czech Republic, a partner of Amaro, to which the User assigns the debt that will be subject to an unpaid debt declaration on the Site through a written assignment of debt agreement with ADDPAIDplus signed by the User, a template of which is provided in appendix 1 to this document.

  5. Unwilling Debtor” refers to a legal or natural person in relation to which a declaration is made by a User in relation to an unpaid debt.

  6. Addpaid Service” refers to a set of services provided to Users on the Site free of charge or against payment (depending on the service concerned), allowing Users in particular to:

  • organise and manage their unpaid debt portfolios,

  • draft a final payment request message for the attention of the Unwilling Debtor concerned;

  • assign its unpaid debts to ADDPAIDplus in order to facilitate their collection;

  • declare unpaid debts on the Site in order to facilitate their collection,

  • publish unpaid debt declarations on the Site and on the social media accounts of the User and of Visitors as the case may be,

  • receive payments of unpaid debts declared on the Site by the User, made by the Unwilling Debtors concerned or by third parties on the Site,

  • check whether a natural or legal person has been subject to an unpaid debt declaration by a User on the Site, or

  • receive Alerts.

  1. Site” refers to the website accessible at www.addpaid.com.

  2. User” refers to a natural or legal person that has created a User Account in order to benefit from the Addpaid Service or to settle an unpaid debt.

  3. Visitor” refers to a natural or legal person that has not registered and that is consulting the Addpaid Site.

Access to the Site

The Site is accessible at the following address: www.addpaid.com.

Access to the Site and to the Addpaid Service requires the use of a device or terminal that is compatible with the Site and allows connection to the internet, and that has the settings required for the services to function correctly: the latest version of the relevant internet browser, activation of JavaScript functions, acceptance of session cookies and acceptance of pop-up windows. Depending on the User’s network configuration (certain antivirus or firewall software, proxy, VPN, TOR network) connection to the Site may be impossible, impaired or limited.

Amaro does not warrant that the Site and the Addpaid Service will be accessible on all devices, such as computers, smartphones or tablets.

Equipment (computers, tablets, smartphones, software, telecommunication methods etc.) allowing access to the Site and/or the Addpaid Service shall be at the sole expense of the User and/or Visitor, as will the communication costs arising from their use. Visitors and Users must have the skills, hardware and software required to use the internet and acknowledge that the internet’s characteristics and constraints mean that the security, availability and integrity of data transmissions via the internet cannot be guaranteed.

Amaro shall make every effort to make the Site accessible 24 hours per day, 7 days a week, except in the event of force majeure or an event outside of its control (or that of its service providers). The operation of the Site and the Addpaid Service may be temporarily interrupted as a result of maintenance, updates or technical improvements, or to update the Site’s content and/or its presentation.

As far as possible, Amaro shall inform Users and Visitors before maintenance or update operations take place.

All Visitors and Users represent that they are familiar with and understand the internet and its limitations, including its functional characteristics and technical performance, the risks of interruption, response times for consulting, querying or transferring information, and any risks inherent in any transfer of data, particularly on an open network.

All Users and Visitors undertake not to modify, attempt to modify or damage the Site or the Addpaid Service in any way and not to use any software or any form of computer program intended to attain or make available an item of content that is protected or not freely available. It is also forbidden to create a work or a site that derives from the Site or Addpaid Service in part or in whole.

Users and Visitors undertake to inform Amaro immediately, by any means, of any error, fault or irregularity that they may notice in using the Site, as soon as they become aware of it.

Unwilling Debtor search tool

Visitors and Users shall have unrestricted, free-of-charge access to the tool for searching Unwilling Debtors declared by Users on the Site as part of the Addpaid Service.

Visitors do not need to create a User Account to use the search tool. To use the tool, Visitors and Users must simply enter the name of the natural or legal person concerned in the search bar provided for that purpose on the Site. A results page is then displayed with all unpaid debt declarations made by Users on the Site or on their Page (public profile) and for which the debt has not been paid by the searched-for Unwilling Debtor.

Visitors may at any time share an unpaid debt declaration on their social media accounts by clicking on the button or buttons provided for that purpose. Amaro cannot be held liable in the event that such a declaration is published on Visitors’ social media accounts.

In the event that no unpaid debt has been declared for the searched-for Unwilling Debtor, the results page will remain blank.

Creating a User Account

Accessing the Addpaid Service, paying unpaid debts and disputing unpaid debts require the creation of a User Account according to the terms set out below.

The User Account allows the User to manage the Addpaid Service.

The Addpaid Service can be accessed by adult natural persons and legal persons. To sign up, any natural person wishing to use the Addpaid Service must be aged 18 or over on the date the User Account is created and have a full legal capacity.

Natural and legal persons must fill in all mandatory fields in the sign-up form, i.e. email address, first name, last name, place and date of birth (for natural persons), a password that meets the security standards stated on the Site, postal address and telephone number and, more specifically for legal persons, corporate name, corporate form, amount of share capital, registration number on the trade and companies register, address of head office and identity of legal representative.

These GTCSUs shall be displayed in a pop-up window so that Users can familiarise themselves with them and confirm that they accept them by clicking on the button provided for that purpose at the bottom of the window.

An automatic email shall be sent to the email address entered by the User, including an activation code that the User must enter in the appropriate field on the Site. The User has 24 hours to confirm its email address. If it fails to do so within that period, its email address together with other information provided by the User within the sign-up form shall be deleted from Amaro’s database and the activation code shall be disabled. The User must then start the sign-up procedure again from the beginning if it wants to use the Addpaid Service.

The User warrants that it has full legal capacity and that it has powers, as the case may be, to represent the legal person concerned, and that all data it provides are true and accurate. It undertakes to update its Addpaid profile (in the “Profile” tab accessible from the User Account) immediately in the event of changes to the data it has sent at the time of its sign-up and, as the case may be, to make those changes itself within its User Account on the Site.

Where the sign-up conditions are met and the User has signed up, each User shall have a username (corresponding to the User’s email address used in the sign-up process) and a password (also defined in the sign-up process), which shall be strictly personal and confidential and which must not be disclosed or shared by the User with any other person.

The User shall be responsible for the use of identification credentials by any person or for actions or unpaid debt declarations taking place through its User Account, whether they are fraudulent or not, and holds Amaro harmless against any claim in relation thereto. Amaro has no statutory obligation to monitor the information that it sends or stores on the Site, to search for facts or circumstances that show illegal activity or, in particular, to verify the identity of persons signing up to the Addpaid Service.

If the User has decided to use automatic identification on its computer, any third party using that computer could potentially use the Addpaid Service along with the User’s User Account. As a result, to limit that risk, the User is invited to secure its access to its User Account by disabling cookies and automatic identification.

The User acknowledges and accepts that any action related to its User Account will be deemed to have been carried out by itself. The User is therefore responsible for the consequences of actions taken via its User Account, including any damage or harm caused in breach of applicable laws, the rights of a third party or these GTCSUs.

If the User has reasons to believe that a person is using its identification credentials or User Account without its authorisation or through a security breach, including the loss or theft of its email address and password or any other problem related to the security of its User Account, it must immediately inform Amaro of that situation by filling in the form provided for that purpose (selecting the purpose corresponding to the request in the form’s drop-down menu) on the “Support” page, so that Amaro can take all appropriate steps to remedy the situation. Amaro reserves the right to reset the User’s password and/or block the access of the User in question.

Unpaid debt declarations and dissemination

Verification of the User’s identity

To use the Addpaid Service and declare an unpaid debt, the User is invited to verify its identity by uploading a copy of a valid identity document (e.g. national identity card, passport or residence permit) in the “Profile” section of its User Account.

If the User represents a legal person, it must state that that is the case in the field provided for that purpose and provide information relating to the legal person concerned, i.e. the name of the company and its identification number (e.g. SIRET code for a French company) and its business sector.

The Site shall automatically compare the information on the identity document with the information entered by the User when creating its User Account. If there is any inconsistency, an error message will be displayed asking the User to upload another identity document or, as the case may be, contact the support department to validate the information relating to its identity.

Unpaid debt declarations

Once the User’s identity has been verified, the User may declare an unpaid debt directly on the “Unpaid debts” page accessible from its User Account.

Only debts that are certain, of a fixed amount and due can be declared by the User. The User expressly acknowledges that it has the responsibility for making the appropriate checks according to the applicable law and, in particular, to ensure that:

  • the existence of its debt is current and indisputable. The User must therefore not declare and assign a future debt, a debt whose enforceability depends on a condition precedent or a debt that is barred by limitation. The limitation period shall vary according to the nature of the debt concerned and the applicable law. It is the User’s responsibility to make the necessary checks;

  • the amount of its debt can be evaluated;

  • it has sent its invoice to the Unwilling Debtor concerned and put it on notice to pay the debt, with that notice having been unsuccessful.

The User is also responsible for calculating any late-payment interest (accessories to the debt) due by the Unwilling Debtor.

If the conditions set out above are met, the User wishing to declare an unpaid debt must:

  • State the purpose (title) of the unpaid transaction;

  • State the type of unpaid transaction by selecting the transaction type using the drop-down menu;

  • Upload the document providing evidence of the unpaid debt (e.g. invoice, rent demand etc.);

  • State the amount of the unpaid debt (principal amount);

  • State the amount of any late-payment charges, eventually other accessories due on the declaration date;

  • Enter the specific information indicated in the form depending on the type of unpaid debt selected (e.g. lease reference in relation to rent, invoice due date etc.);

  • State the due date of the debt;

  • State the date of the most recent follow-up request;

  • Enter the contact details of the Unwilling Debtor (email address, last name, first name, postal address) and state whether the Unwilling Debtor is a natural or legal person.

To validate the declaration of its debt and use the Addpaid Service, the User must assign its debt to ADDPAIDplus according to the terms set out in Article 5.3 below.

Assignment of debt

To facilitate the collection of the unpaid debt, declaring Users must assign their debt to ADDPAIDplus. If they do not do so, the declaration of the unpaid debt on the Site will not be taken into account.

The declaring User shall assign its unpaid debt to ADDPAIDplus for an all-in sum of one euro (1), it being provided that, in the event that the Unwilling Debtor or a third party pays the unpaid debt declared on the Site, ADDPAIDplus will pay the following additional consideration to the declaring User:

  • 95% if the declaring User is a natural person;

  • 80% if the declaring User is a legal person.

The declaring User will have the option of assigning back its debt for a consideration of one euro (1) for twelve (12) months from forming the assignment of debt agreement in the event that the debt declared on the Site remains unpaid.

The terms and conditions governing the assignment of the debt feature in the template assignment of debt agreement provided in appendix 1 to this document.

Where a User declares its debt in accordance with the terms and conditions stipulated in Article 5.2 above, it must also:

  • enter the bank details corresponding to the bank account of the declaring User to which the consideration for the assignment and additional consideration must be paid by ADDPAIDplus ; and

  • accept the assignment of debt agreement with ADDPAIDplus. A proposal (offer) of ADDPAIDplus to conclude the assignment of debt agreement will be displayed in a pop-up window. The proposal to enter into assignment of debt agreement will in particular state the amount of the debt assigned, the arrangements for paying the consideration for the assignment and additional consideration, and the rate of the additional consideration applicable to the unpaid debt in the event that it is paid by the Unwilling Debtor or any other third party. The declaring User must familiarise itself with that proposal and confirm that it accepts it by clicking on the button provided for that purpose at the bottom of the window.

A copy of the assignment of debt agreement shall be sent automatically to the declaring User by email to the address entered in its User Account.

Once the unpaid debt declaration form has been filled in and the assignment of debt agreement accepted, the unpaid debt declaration shall automatically be published on the Site and the Unwilling Debtor shall receive a notification. Within the notification the Unwilling Debtor is also notified of assignment of declared debt to ADDPAIDplus.

Warranty

By declaring and assigning its debt to ADDPAIDplus, the declaring User warrants that the debt is certain, of a fixed amount and due, that its declaration is in no way motivated by the desire to harm a third party, that it has put the Unwilling Debtor on notice to pay the invoice concerned, that such notice did not result in payment and that the products and/or services to which the declaring User’s invoice relates have all been delivered and/or performed by the declaring User, and that the Unwilling Debtor is unable to rely on a non-performance exception against the User.

By using the Addpaid Service, the User acknowledges and accepts without reservation the possibility offered to Unwilling Debtors to pay the debt in one, three or twelve (1, 3 or 12) instalments, it being provided that Amaro will not levy any charges on the declaring User or on the Unwilling Debtor if the Unwilling Debtor opts to pay in several instalments.

As the Site’s hosting provider, Amaro shall not carry out any checks regarding the existence or payable status of the debt declared on the Site by the User and more generally regarding the information entered by the User about the identity of the Unwilling Debtor.

Data entered by the User into its User Account shall be the property of the User and the User shall bear full liability with respect to their disclosure.

The User is informed that according to the applicable law, any fraudulent distortion of the facts that may cause harm and is carried out in any manner, in a written document or any other medium for expressing thought, whose purpose or potential effect is to provide evidence of a right or fact that has legal consequences, may constitute forgery and may be a prosecutable offence.

The User shall hold Amaro harmless against any recourse that an Unwilling Debtor or a third party may have against Amaro in relation to an unpaid debt declared on the Site. The User shall refrain from having recourse to Amaro as guarantor in proceedings commenced by an Unwilling Debtor or any third party against the User in relation to an unpaid debt declared on the Site by the User.

Once the unpaid debt declaration form has been completed, an email is automatically sent to the Unwilling Debtor at the email address indicated by the User to inform it of the unpaid debt declaration and that it has 72 hours from the day on which the email is sent to pay or dispute the debt on the Site. If the User does not know the Unwilling Debtor’s email address, the unpaid debt declaration will be published immediately on the Site and/or on the User’s Page. The Unwilling Debtor shall be informed that the User is able to adjust the settings of the Addpaid Service so that, if it does not pay or dispute the debt in the stated timeframe, the unpaid debt declaration concerning it will be posted on the Site. The Unwilling Debtor shall also be informed that the User may publish the declaration through its social media accounts.

Posting of unpaid debts declared by the User on the Site

If the User does not know the Unwilling Debtor’s email address or if the Unwilling Debtor’s email address is incorrect, the unpaid debt declaration shall be automatically published on the Site.

If the Unwilling Debtor contacted by email does not make the payment or dispute the unpaid debt in the stated timeframe, the unpaid debt declaration shall be automatically published on the Site according to the settings selected by the User.

Since the Site’s pages are listed by search engines in particular, unpaid debt declarations posted by Users are likely to be automatically indexed on search engines and may appear on search engines’ results pages.

Publication of unpaid debts by the User on the User’s social media accounts

The User may, at its discretion, publish a message of its choosing relating to an unpaid debt declaration through its social media accounts such as Twitter, Facebook and LinkedIn. To do that, the User simply has to visit the “Publication of unpaid debts” section of the Site from its User Account. The Site shall suggest a draft message, automatically generated by the Site and featuring the amount of the debt, the name of the Unwilling Debtor and the city of the Unwilling Debtor. The User shall be able to modify the draft message in order to add or remove information, to locate the Unwilling Debtor geographically and then share the publication by clicking on the share buttons provided for that purpose.

The User shall bear sole liability for the publication of a message relating to an unpaid debt declaration on its social media accounts, it being provided that the User may at any time modify the content of the unpaid debt publication by connecting to its User Account and going to the “Publication of unpaid debts” page, where a summary of all unpaid debt publications will be displayed.

Since Amaro merely provides a hosting service and exerts no control over the User’s choices regarding the content of the message relating to the published unpaid debt declaration, it can under no circumstances be held liable in relation thereto in the event that an Unwilling Debtor or third party takes action or commences a claim in relation to the unpaid debt declaration concerned.

Obligations of the User

In relation to their use of the Site and the Addpaid Service, Visitors and Users undertake to comply with the laws in force in their country of residence, to respect the rights of third parties and to comply with the provisions of these GTCSUs.

The User warrants, and bears sole liability in relation thereto, that the information declared complies with the applicable legislation and does not infringe the rights of the third parties mentioned.

The information provided by the User on the Site and as part of the Addpaid Service must be true and accurate. The User concerned bears sole liability for the consequences of disclosing them on the Site and/or on social media. The disclosure and dissemination of information, data and text concerning it and concerning an Unwilling Debtor via the Site and the Addpaid Service is carried out on the initiative of the User.

As a result, the User undertakes to hold Amaro harmless against any recourse taken against it by an Unwilling Debtor or a third party in relation to an unpaid debt declaration concerning an Unwilling Debtor for any reason, including on the grounds of purported harm to its image, honour, reputation or privacy as a result of the dissemination or disclosure of information concerning the Unwilling Debtor.

The User declaring an unpaid debt undertakes:

  1. Not to use the Addpaid Service to harm the honour or interests of an Unwilling Debtor or a third party;

  2. To ensure, before making any unpaid debt declaration, that the stated Unwilling Debtor genuinely has the opportunity to pay its debt (e.g. that the Unwilling Debtor is not in bankruptcy, liquidation or a situation of overindebtedness).

  3. To state accurate information and content;

  4. Not to make any statement or disclose any content that infringes the rights of others or that is defamatory, harmful, obscene, offensive, violent or a potential incitement to violence, political, racist, homophobic or xenophobic and in general any statement or content that contravenes the purpose of the Addpaid Service, the laws and regulations in force in the country where the unpaid debt is declared, the rights of persons or common decency; In particular, all information provided by a User on the Site must relate exclusively to the User or, if it relates to a third party, must be provided with its express authorisation and the User concerned shall bear sole liability in relation thereto.

  5. Not to state or disseminate in any form information, scripts or content that have the effect of diminishing, adversely affecting the organisation of, disrupting or preventing the normal use of the Site or the Addpaid Service, interrupting and/or slowing the normal flow of communication between Users and Unwilling Debtors through the Site, such as software, viruses, logic bombs, bulk sending of messages and social engineering. Amaro reserves the right to remove unpaid debt declarations sent in bulk (in excess of the Site or API quotas) by a User, in order that other Users can use the Services normally, or to delete the User’s account in the event that it fails to comply with these rules;

  6. Not to state or disseminate in any form information or content that includes links to third-party sites that are illegal and/or non-compliant with the purpose of the Site or the Addpaid Service;

  7. Use its password and/or username according to their strict purpose of identification in relation to the Addpaid Service. In that respect, the User must not do things including but not limited to communicating, disseminating, sharing and making accessible its passwords and/or usernames to any person in any way;

  8. Remove, without delay, any unpaid debt declaration in relation to which payment has been made, existing outside of the Site (e.g. on the declaring User’s social media accounts), by the Unwilling Debtor to the User.

  9. Use the Addpaid Service in accordance with the purposes described in these GTCSUs.

If Amaro is held liable because of a User breaching its obligations under the law of the country of declaration or these GTCSUs, the User undertakes to hold Amaro harmless against any judgment handed down against it that stems from the breach attributed to the User.

A breach of obligations thus defined shall constitute a serious breach of the User’s obligations.

Payment of unpaid debts

Arrangements for payment by the Unwilling Debtor or a third party

In all cases in which the User has entered a valid email address, the Unwilling Debtor shall be notified by email of the unpaid debt declaration made by the User. The email shall contain a hypertext link redirecting the Unwilling Debtor to the unpaid debt declaration. The Unwilling Debtor may settle or dispute the unpaid debt by clicking on the relevant buttons.

Unpaid debts declared by Users may also be paid directly on the Site by any other natural or legal person on behalf of the Unwilling Debtor.

If the Unwilling Debtor or third party wishes to pay the declared unpaid debt with a single payment, without disputing it, it may do so without creating a User Account. To do that, it must simply enter its bank card details, email address and telephone number in the relevant fields. The Unwilling Debtor or third party concerned shall then be redirected to the authentication page of Stripe, which is the payment provider used by Amaro, so that it can enter the authentication code sent automatically by SMS to the telephone number stated in the form. The Unwilling Debtor or third party concerned must enter that authentication code in order to confirm payment within a limited timeframe.

If the Unwilling Debtor or third party wishes to pay the declared unpaid debt in several instalments, it must first create a User Account in accordance with the procedure described in Article 4.

Once it has signed into its User Account, it must go to the “Pay an unpaid debt” section and select the payment arrangements (single payment, 3 instalments or 12 instalments, it being provided that Amaro will not charge any fees in relation thereto). It shall also be asked to enter its bank card details. The Unwilling Debtor or third party concerned shall then be redirected to the authentication page of Stripe, which is the payment provider used by Amaro, so that it can enter the authentication code sent automatically by SMS to the telephone number stated in the sign-up form. The Unwilling Debtor or third party concerned must enter that authentication code in order to confirm payment within a limited timeframe.

If the Unwilling Debtor or the third party has paid the amount of the unpaid debt declaration in full, the unpaid debt declaration shall be automatically removed from the Site. In addition, the User undertakes to remove immediately any message relating to an unpaid debt declaration that it may have decided to publish through its social media accounts (see Article 5.6 above).

If the Unwilling Debtor or the third party chooses to pay the amount of the unpaid debt declaration in several instalments (where that option is offered to it by ADDPAIDplus),

  • the unpaid debt declaration shall be automatically removed from the Site until the next instalment due date. If the next instalment is not paid, the unpaid debt declaration shall automatically be published on the Site and made accessible to Site Visitors and Users via the search tool.

  • In addition, the User undertakes to remove immediately any message relating to an unpaid debt declaration that it may have decided to publish through its social media accounts. If the next instalment is not paid, the User may, at its discretion, publish a message of its choosing relating to an unpaid debt declaration through its social media accounts (see Article 5.6 above).

Disclosure of information to the User and payment of the additional consideration to the declaring User

Where the Unwilling Debtor or third party has paid the amount corresponding to an unpaid debt declaration, the User shall receive a notification in its User Account and by email sent to the address stated in its User Account, informing it that a payment relating to an unpaid debt declaration has been made.

The amounts paid by the Unwilling Debtor or the third party shall be automatically sent by wire transfer to ADDPAIDplus, to which the unpaid debt concerned has been assigned by the declaring User, and ADDPAIDplus shall pay to the declaring User the additional consideration at the rate specified in the assignment of debt agreement. The amount of the unpaid debt due to the declaring User shall be paid by wire transfer using the bank details sent to ADDPAIDplus by the declaring User when signing the assignment of debt agreement, it being provided that in that case, bank charges may be applied depending on the rates applied by the bank to the declaring User and the currency. Those charges will be payable by the declaring User and will automatically be deducted from the sum transferred by ADDPAIDplus to the User’s bank account.

In the event that the Unwilling Debtor or third party concerned pay in several instalments, the fees levied by ADDPAIDplus (20% or 5% depending on the status of the declaring User) will all be taken from the first instalment (or as the case may be from the first instalments where the amount of the fees exceeds the amount of the first instalment), it being provided that if the User Account of the declaring User is closed before the final instalment is due in accordance with Article 12.2, ADDPAIDplus shall not make any partial refund of the fees levied.

If any fraud is suspected by a User, reported using the form available on the “Support” page, Amaro will immediately suspend the User Account concerned and the transactions underway while waiting for the results of the investigation.

If there is any problem reported by payment provider Stripe, Amaro will immediately suspend the User Account concerned and the transactions underway while waiting for the results of the investigation.

Disputing an unpaid debt declaration

The Unwilling Debtor may dispute the unpaid debt declaration made by the User by clicking on the relevant button. It shall then be redirected to a dispute form, where it will be invited to specify the reason for disputing the debt by ticking the relevant box from among the responses proposed by the Site, and to download the documents supporting its dispute. The Unwilling Debtor must also familiarise itself with the GTCSUs and accept them by ticking the relevant box before submitting its dispute. If none of the responses proposed corresponds to the reason for the dispute, the Unwilling Debtor may indicate another reason in the “other” field.

Only the Unwilling Debtor may dispute the unpaid debt. The dispute procedure is not open to third parties. A User Account will automatically be created in its name in order to track the dispute.

Once the dispute form has been completed and validated, the unpaid debt declaration shall be removed from the site until further notice and the User shall receive a dispute notification. If an unpaid debt is disputed, the User undertakes to remove, as soon as the notification is received, any message relating to an unpaid debt declaration that it may have decided to publish through its social media accounts (see Article 5.6 above).

The User shall then have 48 hours to confirm or remove its unpaid debt declaration. The User shall have access to all documents uploaded by the Unwilling Debtor in support of its dispute. Neither ADDPAIDplus nor Amaro shall control or have knowledge at any time of the information and documents sent by the Unwilling Debtor.

If the User removes its unpaid debt declaration, it shall be removed definitively from the Site. In addition, the User undertakes to remove immediately any message relating to an unpaid debt declaration that it may have decided to publish through its social media accounts (see Article 5.6 above).

If the User confirms the unpaid debt declaration, the publication of the declaration shall be reactivated on the Site and shall again be publicly accessible to Site Visitors and Users via the search tool. The User may, at its discretion, publish a message of its choosing relating to an unpaid debt declaration through its social media accounts (see Article 5.6 above).

If the unpaid debt declaration is confirmed by the User and if it takes the view that the dispute procedure described in this Article is not appropriate, the Unwilling Debtor may file an abuse report with Amaro using the procedure described in Article 9 below.

Reporting abuse

    1. The service quality required by both Amaro and Users implies a certain level of conduct in Users’ communication and behaviour, respect for third parties’ rights and compliance with laws and regulations in force.

Amaro, as hosting provider, shall not carry out any moderation or checks in relation to unpaid debt declarations or messages relating to unpaid debt declarations made or published by Users as part of the Addpaid Service.

    1. However, Amaro shall be required to withdraw any unlawful content or to prevent access to it on the Site, where its attention has been drawn to the manifestly unlawful nature of that content, including an unpaid debt declaration or message relating to an unpaid debt declaration. However, the fact that an Unwilling Debtor disputes an unpaid debt declaration shall not entail any awareness on Amaro’s part that the unpaid debt declaration is unlawful. For that to happen, the Unwilling Debtor and/or User must use the reporting procedure specifically adopted by Amaro and described in Article 9.3 below.

In that way, Amaro allows any User or Visitor (including Unwilling Debtors) to report to it any content that it believes contravenes laws and regulations in force, damages the image or purpose of the Site or of the Addpaid Service, or infringes the rights of a third party.

Consequently, Users and Visitors acknowledge and accept that the data they provide via the Site and the Addpaid Service may be reported by other Users or Visitors (including Unwilling Debtors) and may be subsequently checked by Amaro on the basis of objective assessment criteria.

    1. Any Unwilling Debtor and more generally any Visitor or User wishing to bring manifestly unlawful content to Amaro’s attention (e.g. infringement of an intellectual property right; inaccurate unpaid debt declaration; identity theft etc.) on the Site may inform Amaro by complying with the statutory provisions in force and in particular by reporting the information mentioned below on the “Support” page of the Site, selecting “Report abuse” from the menu displayed and completing the form, or by sending notification to Amaro by registered letter with confirmation of receipt including all of the following information:

  • notification date;

  • identity of the notifying party: for a natural person, his/her first name, last name, profession, home address, nationality, place and date of birth, or for a legal person, its corporate form, corporate name, head office address and the body that represents it legally;

  • name and home address of the Unwilling Debtor, or if it is a legal entity, its corporate name and head office address;

  • the description of the disputed facts and their exact location (including a hypertext link pointing to the content);

  • the reasons for which the content must be withdrawn, including statutory provisions and evidence;

  • eventually copies of correspondence sent to the person responsible for the content or the disputed activity requesting that access to the content be blocked, that the content be withdrawn or modified, or evidence that it has not been possible to contact the person responsible for the content. The requirement to create a User Account on the Site in order to send a message to the person responsible for the content shall not constitute a circumstance preventing contact with the person responsible for the content.

In accordance with the applicable law, if any person presents content or activity to Amaro as unlawful for the purposes of having it withdrawn or no longer disseminated, where the person knows that the information it is providing is inaccurate, that may give rise to a civil judgment or criminal punishment against that person.

On receiving evidence sent by the Visitor, Unwilling Debtor and/or User that specified content is unlawful, Amaro shall take note of the evidence to verify whether the content is manifestly unlawful. For that purpose, Amaro reserves the right to request additional information and/or documents before withdrawing the specified content as the case may be.

    1. Any Visitor, User or Unwilling Debtor may also report the following infringements by going to the “Support” page, selecting “Report abuse” and completing the corresponding form:

  • Justification of crimes against humanity,

  • Incitement of acts of terrorism and justification of such acts,

  • Incitement of racial hatred and hatred against people because of their sex, sexual orientation or identity, or disability,

  • Pornographic or sexually explicit content,

  • Incitement of violence, particularly violence against women,

  • Affront to human dignity.

It shall also be possible to contact Amaro directly in the forms provided for above.

After checking reported content that corresponds to the list in Article 9.4, Amaro shall withdraw the content if it proves to be manifestly unlawful. Insofar as is necessary, and in accordance with applicable legislation, Amaro will promptly inform and co-operate with the competent public authorities where content of that type has been reported to it.

    1. In addition, where a report reveals that a User has breached laws and regulations in force, its contractual obligations or the provisions of these contractual obligations, Amaro reserves the right to suspend or remove the User Account in accordance with Article 12.3 of this document.

Alerts

Subscription to Alerts

The User may take out a paid subscription to Alerts, allowing it to be informed immediately by email if it, a natural person or legal entity specifically designated by the User is the subject of an unpaid debt declaration on the Site.

To subscribe to the Alert service, the User must first have created a User Account in accordance with Article 4.

Once the User Account has been created, the User must visit the “Pricing” page of the Site, where several annual Alert subscription packages are available, and select the formula that best suits it by clicking the “Buy” button.

The prices are stated in the currency of the User’s country of residence.

Users who are non-professional natural persons may use the Alert subscription immediately by simply ticking the relevant box when signing up to the selected subscription. The Users are informed that in such case they will not be entitled to withdraw from the contract within 14 days from the time the User signed up to the subscription concerned if he/she is a non-professional natural person. If the User does not use the immediate activation of the Alert subscription, the Alert subscription will not take effect until the end of a 14-day period from the time the User signed up to the subscription concerned if he/she is a non-professional natural person.

Users who are professional natural persons and legal persons shall be able to use the Alert subscription immediately and shall have no cancellation right.

The User must enter its bank card details and confirm its payment by clicking on the relevant button. The User shall be redirected to the authentication page of Stripe, which is the payment provider used by Amaro, so that it can enter the authentication code sent automatically by SMS to the telephone number stated in the sign-up form. The User shall have a limited period to enter that authentication code in order to confirm payment.

Once the payment has been validated, a preview of the payment order, including the purchase reference and the formula selected, the amount invoiced and the invoice date, shall be displayed to the User and a PDF invoice for the transaction shall be generated (invoice available in the “My notifications” page of the User Account). Amaro shall also confirm receipt of the purchase through an email sent by Amaro to the User at the email address stated in its User Account. That email shall summarise the Alert formula taken out by the User.

For all professional users and for the non-professional natural persons who have opted for immediate activation of the Alert subscription, Alerts shall immediately be credited to the User account from the time payment is validated by Amaro’s service provider.

The User must then indicate, in the “My Alerts” page accessible from its User Account, the natural and legal persons in relation to which it wishes to receive Alerts. The User may also state its own name or the name of the company it represents as the case may be.

Renewal of Alerts

When an Alert subscription expires according to the terms of the formula selected by the User, the formula shall be renewed automatically for a period of one year. The User shall receive an email one month before its subscription expires, reminding it about the automatic renewal of its subscription and how to cancel the automatic renewal. If the User does not cancel its subscription within the period prescribed, the sum corresponding to the subscription initially selected by the User shall automatically be debited from the bank account indicated in its User Account.

The User may inform Amaro at any time that it wishes to cancel its Alert subscription. Cancellation shall take effect on the expiry date of the Alert concerned, provided that notification (sent to Amaro by clicking the “Cancel this alert” button) is confirmed by the User by 48 (forty-eight) hours before the expiry date of that Alert, in accordance with Article 12.

In addition, precise information about the expiry of a User’s alerts and its history of purchasing alert packs shall be made available to the User on an ongoing basis in the “My alerts” page, accessible from its User Account.

Cancellation right for Users who are non-professional natural persons

Users who are non-professional natural persons who have not waived their cancellation right or who have not started to use their Alerts may use their cancellation right for 14 days from the time they take out their Alert subscription by contacting Amaro via the Support department, by clicking here and following the instructions.

Amaro will then refund the entire payment made by the Users.

Users who are non-professional natural persons who have waived their cancellation right in order to begin using the Alert service immediately or who have started to use their Alerts may not use any cancellation right and will therefore not receive any refund in part or in full.

After the aforementioned 14-day period, Users who are non-professional natural persons may cancel their subscription, at any time, in accordance with Article 12 below, but they will be unable to receive any refund of the annual subscription fee already paid in part or in full. From the time the subscription is cancelled, all available Alert credits will no longer be usable.

Users who are professional natural persons and legal persons shall have no cancellation right. However, they may cancel their Alert subscription at any time in accordance with Article 12 below.

Cancellation

Cancellation of the Alert subscription

Users may cancel their Alert subscription without closing their User Account at any time by going to the “My Alerts” page, which can be accessed from their User Account, and by clicking on the relevant button.

Users will automatically receive a notification email containing a hypertext link on which they must click to confirm the cancellation of their subscription.

If a User has not used all of its Alert credits at the time of cancellation, it shall be unable to obtain any refund, even partially, of the consideration paid for the annual subscription concerned. From the time the subscription is cancelled, all available Alert credits will no longer be usable.

Closure of the User Account

Each User may, at any time, without giving a reason and without any additional charge, commence the procedure for closing its User Account by clicking on the button provided for that purpose (“Close my account”), accessible from its User Account. That option is available to declaring Users and to Unwilling Debtors.

The User shall then automatically receive a notification email including an authentication code that it must enter in the next stage of the closure procedure to confirm its desire to close its User Account.

Depending on the circumstances, the User acknowledges that the closure of its account may result in specific situations that are managed in the manner set out below:

  • If the User has signed up to an Alert subscription, closing the User Account shall automatically cancel that subscription, including in circumstances where the User requests closure of the account before the end of its subscription. Closure of the User Account shall not give rise to any refund to the User for the remaining subscription period.

  • Where payments of declared unpaid debts remain outstanding at the time a declaring User requests closure of its User Account, and particularly where closure of the User Account would take place before the date of the final instalment of a payment taking place in several instalments, the User accepts that no further payment shall take place for the benefit of ADDPAIDplus.In addition, any unpaid debt declaration shall be automatically and definitively removed from the Site. The declaring User undertakes to remove any unpaid debt declaration that it has chosen to publish on its own social media accounts.

  • Where payments of declared unpaid debts remain outstanding at the time a declaring Unwilling Debtor requests closure of its User Account, and particularly where closure of the User Account would take place before the date of the final instalment of a payment taking place in several instalments, the Unwilling Debtor will automatically receive a message informing it that the payment of unpaid debts remains ongoing and that by closing its User Account without paying all of the remaining unpaid debt, it accepts that the corresponding unpaid debt declaration will remain on the Site and on social media where the declaring User has published them on such media.

  • Where disputes regarding unpaid debt declarations, using the procedure provided for in Article 8, remain underway at the time a declaring User requests closure of its User Account, the unpaid debt declaration will be automatically and definitively removed from the Site. The declaring User undertakes to remove any unpaid debt declaration that it has chosen to publish on its own social media accounts.

The closure of the User Account shall entail the termination of these GTCSUs between the User and Amaro. Any unpaid debt declaration corresponding to a User Account shall be automatically and definitively removed from the Site as soon as the closure procedure is completed.

Closure of the User Account and termination of the GTCSUs by Amaro

Without prejudice to the other provisions of these GTCSUs, if the User breaches the provisions of the GTCSUs and particularly in the event of a false declaration or fraud or in the event that inappropriate declarations are reiterated, Amaro reserves the right to suspend or definitively close the User Account without prior notice or compensation.

That termination shall be without prejudice to the damages that may be claimed by Amaro from the User or its assigns and legal representatives to make good the harm suffered by Amaro as a result of such breaches.

The User will be informed by email of the closure or suspension of the User Account and the duration of any suspension.

The closure of the User Account because of the User breaching the GTCSUs will entail the automatic cancellation of its Alert subscription if it has signed up to one, without the possibility of obtaining any refund.

Amaro reserves the right to close the Site at any time by sending notification to the User by any means, provided that a reasonable timeframe is adopted. In that case, the User Accounts and services to which the User has signed up will be automatically cancelled, it being provided that where the User has taken out an Alert subscription that remains underway at the time the Site is closed, Amaro will refund the User in proportion to the Alert credits still unused.

Liability

Amaro’s activities shall not include organising renegotiations between the User declaring an unpaid debt in its name and on its behalf and the Unwilling Debtor concerned, or the provision of access to the internet or the provision of an electronic communication service to the public. Accordingly, Amaro, in its capacity as hosting provider, has no statutory obligation to check the real identity of Users when they connect to the Site or to check the content, information and declarations produced by them.

Since Amaro does not have the resources to find out whether the payment of an unpaid debt by an Unwilling Debtor to a User has taken place outside of the Site, it cannot be held liable in such circumstances for keeping online an unpaid debt declaration for which the corresponding amount has been paid to the User without it being informed. However, any abuse report concerning the declaration of an unpaid debt that has been paid will be subject to a control procedure in accordance with Article 9 and, as the case may be, the corresponding declaration will be immediately and directly removed from the Site by Amaro.

Amaro reminds Users that they are forbidden to declare unpaid debts that have no legal existence, do not meet payable status conditions established by the applicable legislation or are the subject of an established dispute or litigation.

Amaro cannot be held liable for any loss, fraud or damage taking place in the event that a User breaches its contractual obligations, particularly its obligation to provide true, accurate and up-to-date information. The User expressly acknowledges that Amaro cannot be held liable in the event of misleading statements concerning its identity or its unpaid debt declarations.

Amaro cannot be held liable for the accuracy or otherwise of the information and content provided by Users, or for the consequences thereof. Similarly, Amaro cannot be held liable for content disseminated by a User that may infringe the rights of one or more Unwilling Debtors or third parties and about which it was not informed by a User or by a third party or of which it did not have effective prior knowledge, or if it has not breached its contractual obligations.

Amaro can only be held liable by a User where there is certain, definitive proof of gross misconduct on Amaro’s part that has caused effective, direct harm to the User. As the case may be, the User will be responsible for showing that Amaro has breached its contractual obligations. Amaro will not be liable for direct or indirect harm suffered by the User where the User is the source of such harm or where the harm results from a case of force majeure.

In the event of false declarations, fraud or the reiteration of inappropriate declarations, Amaro may close the User Account of the entity making the declarations, without compensation. The User shall hold Amaro harmless against any disputes with an Unwilling Debtor or any third parties following use of the Site and/or the Addpaid Service.

Amaro is not able to warrant that no error or operational or usage problem will arise during the use of the Site and/or the Addpaid Service.

Amaro does not warrant that the Site and the Addpaid Service will be usable if the internet service provider of the User and/or Visitor fails to provide its own service adequately. Similarly, as the case may be, the use of the mobile app (for smartphones) installed by the User requires the latter to have a smartphone and an adequate connection.

Accordingly, Amaro is not liable in the event of an operational or access failure attributable to inappropriate equipment, internal problems at the access provider of the User and/or Visitor, heavy internet traffic, a restrictive agreement with the internet access provider of the User and/or Visitor or for any other reasons external to Amaro.

Amaro shall not be liable for any modification, suspension or interruption relating to the dissemination of the Site and the Addpaid Service, for their continuity, long-term existence, compliance, compatibility or performance, or for the absence of bugs.

The User shall be liable for the use of its User Account and for the use of its identifiers. Amaro shall not be held liable for any fraudulent use of the User’s confidential identifiers by a third party.

The User shall bear sole liability for the consequences of failing to update its information.

The User undertakes to indemnify Amaro, in the event of a request, claim or order to pay damages against Amaro following a failure to comply with these provisions or to make good the harm caused to others or itself by unpaid debt declarations or content that the User has disseminated using the Site and/or the Addpaid Service.

The Visitor, User and Amaro expressly agree that this Article shall survive in the event that the GTCSUs are terminated in part or in full for whatever reason.

Force majeure

Amaro cannot in any circumstances be held liable and no indemnity can be sought from it in relation to delays or harmful consequences caused by a case of force majeure as that term is defined by the applicable laws and case law, including in the event of occurrences such as exceptional adverse weather conditions, pandemic, general strike, threats of terrorist attacks, sabotage, terrorism, serious political events, public demonstrations and movements, national mourning, public order and safety measures and government-ordered closure. The occurrence of a case of force majeure shall suspend the provision of the Site and/or the Addpaid Service.

Amaro will make its best efforts to inform Users and Visitors about the existence of such force majeure, to restore access, even impaired access, to the Addpaid Service or to implement any other technical solution allowing Users to have renewed access to the Addpaid Service.

If the suspension is definitive, the agreement between Amaro and the User shall be terminated by operation of law and the parties shall be released from their obligations, without any legal formality or notice and without any repayment or compensation being due from either party.

Privacy and protection of Users’ personal data

Personal data

The User is required to provide personal information and data about itself when it creates its User Account and uses the Addpaid Service by making unpaid debt declarations or by signing up to an Alert subscription. That information and those personal data shall be collected and processed by Amaro as data controller. Those data are necessary for managing the User Account and providing the Addpaid Service.

The User must also provide Amaro with personal information and data concerning third parties, i.e. Unwilling Debtors, as part of unpaid debt declarations made by the declaring User. In that case, and for the avoidance of doubt, it is specified that the declaring User is the joint controller of such personal data, which it confirms having collected in accordance with applicable legislation.

Amaro has a legitimate interest in collecting and processing personal data concerning Unwilling Debtors so that it can organise the automatic publication of Users’ unpaid debt declarations on the Site where Unwilling Debtors have failed to pay their debts and to list unpaid debt declarations concerning Unwilling Debtors as part of the search and Alert subscription service offered by Amaro. Amaro shall only collect data that are strictly necessary to provide the Addpaid Service.

For the purposes of access to the Site and the provision of the Addpaid Service, Amaro may transfer the personal data of Users and Unwilling Debtors to third party sub-processors who provide it with support services, such as financial entities, anti-fraud bodies, providers of technological and logistics services, and/or transaction analysis services. Some of those service providers may be outside of the European Union. In that case and before the transfer of data outside of the European Union, Amaro will take all steps required to obtain the guarantees required to ensure the security of such transfers.

On the other hand, Amaro is not responsible for the processing of personal data by social media on which unpaid debt declarations may be published by the User. Users are invited to examine the rules applicable to such processing on social media sites.

Personal data will be retained by Amaro throughout the term of the contractual relationship with the User.

In accordance with Regulation (EU) No 2016/679 (otherwise known as the General Data Protection Regulation or GDPR), the User may at any time access its personal data, object to the processing of that data for a legitimate reason and request its rectification, limitation, portability or deletion mail to Amaro at the following address: support@addpaid.com.

Each User may also, by accessing its secure “My profile” page, amend or delete any personal information previously provided.

Each User may, at any time, inform Amaro free of charge that it wishes or no longer wishes to receive emails informing it about services offered by Amaro by going to the “Newsletter” page of its User Account and ticking the corresponding box or clicking on the link, at the bottom of the email featuring the newsletter, that allows recipients to unsubscribe from the newsletter.

For more information about the personal data collected, the purposes for which they are collected and ways of exercising their rights, Visitors and Users are invited to consult the confidentiality policy here.

Cookies

Amaro uses cookies to store information identifying the User while using the Site. A cookie is a small text file saved on the computer or mobile phone of the Visitor or User using the Site.

Certain cookies are necessary for browsing the Site and for Amaro to provide the Addpaid Service, including Alert subscriptions taken out by the User.

By continuing to browse the Site, Visitors and Users consent to Amaro placing and accessing the aforementioned cookies.

However, the User may prevent the use of cookies by altering the settings of its internet browser software, although if it does so, its browsing experience on the site and certain functions may be impaired.

Visitors and Users may, if they wish to, block cookies or, if they have already consented to them, withdraw their consent in whole or in part by changing their browser settings.

For more information about cookies used by the Site and placed on their devices, and about their browser settings, Visitors and Users are invited to consult Amaro’s cookies policy here.

Intellectual property

Content disseminated by Addpaid

The “Addpaid” trademark, logos, graphical elements, photographs, animations, videos, scripts and texts published on the Site (apart from unpaid debt declarations drafted by Users) shall be the property of Amaro or are licensed from third parties. That content shall be protected by copyright, trademark rights and all other intellectual property rights or related rights owned by Amaro or its licensors, and may not be reproduced, used or represented without the express authorisation of Amaro or its licensors, failing which legal proceedings may be commenced.

Amaro grants Users and Visitors a free-of-charge, personal, non-exclusive and non-transferable right to access and use the Site and the Addpaid Service.

Any other use by the User or Visitor shall be forbidden without prior approval from Amaro.

In particular, Visitors and Users must refrain from modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing in any way the Addpaid Service, the Site’s pages or the computer code of the elements making up the Services and the Addpaid Site unless they have prior written authorisation from Amaro.

Content disseminated by Users

The User shall be the owner of all data sent in relation to the Site and the Addpaid Service. It shall be fully liable for the disclosure of those data.

The User grants to Amaro a free-of-charge, non-exclusive, assignable and transferable right to use the intellectual property rights attached to those data and content as part of its use of the Site and the Addpaid Service. That licence includes Amaro’s right to reproduce, represent, digitise, disseminate for the purposes of the Addpaid Service or sub-license the content concerning the User (information, description, search criteria etc.) on some or all of the Site and in general on all electronic communication media as part of the Addpaid Service.

These rights shall be granted for the whole world and for the period during which these GTCSUs apply between the User and Amaro.

The User is informed that to protect the content, Amaro may have recourse to technical protection and/or information measures.

The User must refrain from modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing in any way content relating to other Users other than as strictly necessary for the use of the Services for personal and private purposes.

Hypertext links

The Site may contain hypertext links pointing to other websites that do not belong to Amaro or are not controlled by Amaro (“Third-party Sites”).

The User and Visitor may not reproduce the hypertext links present on the Site.

Amaro cannot be held liable for the provision of links to Third-party Sites and declines any liability for their content, advertisements, products, functions, services or any other element available on or from such Third-party Sites.

Any difficulty relating to a link must be submitted to the administrator or webmaster of the corresponding Third-party Site. The consultation and/or use of those sources and Third-party Sites is governed by those sites’ own terms and conditions of use.

Any hypertext link pointing to the Site and using the following techniques is forbidden without the prior authorisation of Amaro:

  • Framing”, defined as a technique that allows a page of the Site to be inserted and displayed in a frame on the original web page, without leaving the original site;

  • Inline linking”, defined as the use of a hyperlink that allows an image from another web page to be included in the original web page.

Agreement between the User, Visitor and Amaro

These GTCSUs (independently of the assignment of debt agreement with ADDPAIDplus) constitute an agreement governing relations between the User and/or Visitor and Amaro. They supersede any previous provisions not expressly mentioned or enclosed and constitute the entirety of the rights and obligations of Amaro and the User and/or Visitor.

In the event of any difficulty of interpretation between the title and content of any clause or between several titles, the titles shall be deemed not to exist.

If any stipulation of these GTCSUs were to be declared void through the application of a law or regulation or following a definitive ruling by a competent court, the other stipulations will retain their full force and scope to the extent allowed by that ruling. In addition, if a party does not act on a breach by the other party of any provision of these GTCSUs, that cannot be interpreted as that party waiving its right to act on such a breach in future.

Except as expressly and specifically provided for in these GTCSUs, declarations, agreements, waivers or other acts or omissions by Amaro cannot under any circumstances be interpreted as intended to modify these GTCSUs, and will only be binding if they are in written form and signed by the Visitor or User and Amaro’s legal representative.

Amendment of the GTCSUs

Amaro may amend these GTCSUs at any time. The User and Visitor will be informed about the nature of such amendments as soon as they are put online on the Site. Amendments will come into force a month after they have been put on line on the Site.

If a Visitor or User continues to use the Addpaid Service and to consult the Site after being informed of amendments to the GTCSUs, that ongoing use shall constitute acceptance of the new version of the GTCSUs by the User and/or Visitor.

For Users that sign up after the GTCSU amendments have been put online on the Site, the amendments will be immediately applicable to them because they will have expressly accepted them by becoming Users. There will be several possibilities for the User as the case may be:

Where the User refuses the new version of the GTCSUs and its Alert subscription has not yet expired, it is required to disclose its objection by contacting Amaro via the “Support” page accessible from the Site and to state the reasons for its objection. Amaro will look at its request and, as the case may be, will maintain the version of the GTCSUs in force when the User took out the Alert subscription until its expiry. If the subscription is renewed, the new subscription will be subject to the new version of the GTCSUs.

Assignment

Amaro may at any time freely assign some or all of its rights and obligations with respect to these GTCSUs, including through a business disposal, asset contribution or merger.

If such an assignment could cause a reduction in the rights of the User as established by this document and in relation to using the Site and/or the Addpaid Service, Amaro will give prior notice to the User which may, if it refuses the terms of the assignment, immediately close its User Account. However, if the User closes its User Account as a result of the assignment, that shall not generate any right for the User to be compensated by Amaro or its assignee.

Subcontracting

Amaro reserves the right to arrange for some or all services covered by this document to be performed by another company of its choice as a subcontractor, with Amaro retaining sole liability with respect to the User and/or Visitor, and it will be up to Amaro to make claims against its subcontractors.

Notification

For any question, information or notification, Visitors and Users may contact Amaro:

  • via the “Support” page, selecting the reason for their request and completing the corresponding form;

  • by email at the following address: support@addpaid.com

Applicable law – Jurisdiction

These GTCSUs shall be governed, interpreted and applied in accordance with French law.

In the event of any difficulty relating to the use of the Site and/or the Addpaid Service or relating to the validity, interpretation or application of these GTCSUs, the User may contact Amaro by completing the contact form available on the “Support” page, taking care to connect beforehand, or by post or email at the addresses set out in Article 22.

Amaro will confirm receipt of the complaint within ten (10) business days of receiving it.

A response to the complaint will be sent within thirty (30) business days of Amaro receiving it, except where specific and duly substantiated circumstances arise.

If Amaro is unable to respond within that timeframe, Amaro will contact the person concerned to inform him/her of the reason for the delay and the timeframe within which it will be able to respond.

In accordance with Article L-412-1 of the Luxembourg Consumer Code, any dispute relating to the interpretation, application and performance of the GTCSUs, along with any dispute relating to the use of the Site that is not resolved after a complaint sent to the other party, may be submitted for mediation by the Consumer Mediator (https://www.mediateurconsommation.lu) by the first party to take action. However, the mediation procedure shall not be applicable if the User is a professional and not a non-professional natural person.

However, Users who are non-professional natural persons are informed that the dispute can only be examined by the Consumer Mediator if they can prove that they have sought to resolve the dispute directly with Amaro through a written complaint sent by registered letter with acknowledgement of receipt, and that the complaint was not resolved or no response to it was received.

SUBJECT TO APPLICABLE PROVISIONS REGARDING JURISDICTION OR WITH RESPECT TO CONSUMERS, THE ONLY COMPETENT COURTS FOR DEALING WITH ANY DISPUTE RELATING TO THIS DOCUMENT SHALL BE THE LUXEMBOURG CIVIL COURTS.

The Visitor, User and Amaro expressly agree that this Article shall survive in the event that the GTCSUs are terminated in part or in full for whatever reason.

©2019 ADDPAID ™, ADDPAIDplus ™ are registered trademarks of ADDPAID Luxembourg Holding, registered in Europe and other countries.

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