Presentation
Vanilla Pay International, whose trading name is Vanilla Pay International, is a société par actions simplifiée (simplified joint stock company) with a capital of 2,500 euros. Its registered office is located at 165 avenue de Bretagne, Euratechnologies, 59000 Lille FRANCE and it is registered in the Lille Trade and Companies Register under number 953761723.
Vanilla Pay International develops, manages and operates an online solution (web platform and mobile application) for international payment and more specifically for tourism services.
The purpose of these general conditions of use for the mobile application (hereinafter referred to as the « GCU ») is to determine the rules for use of the « Vanilla Pay International » mobile application (hereinafter referred to as the «Application »).
By installing the Application on your phone and by accessing the Application as a User, you unconditionally and unreservedly accept the entirety of these GCU. Any use of the Application must comply with these GTU.
Vanilla Pay International reserves the right to modify all or part of these GCU at any time in order to adapt them to changes in the services offered, as well as to technical, legal or jurisprudential developments, or when new services are introduced. The GCU applicable are those in force at the date of connection and use of the Application by the User. Vanilla Pay International therefore invites the User to refer regularly to the latest version of the GCU available in the Application and on the Vanilla Pay International Site.
Some features mentioned in the GTCU may not be available at the date of publication of the GTCU or are currently being tested and may be subject to change. Vanilla Pay International uses its best efforts to keep these GTC up to date with developments in the services offered.
Article 1 : DEFINITION
Capitalized terms used in these GCU, whether in the singular or plural, shall have the meanings set forth below:
« Tourist Application » means the mobile application enabling users to make payments for tourist services.
«Application pro » refers to the web or mobile application used by tourism professionals to receive and track the payments they have received.
«Tourism professional » refers to all Vanilla Pay International partner companies that accept payments via the application.
« Web Platform » means the official website of Vanilla Pay International whose address is: www.vanilla-pay.net
« User » means any person who uses the Tourist Application, whether to make payments or to access its functionalities.
Article 2 : PURPOSE OF THE SOLUTION
The purpose of the Tourist Application is to enable Users to pay tourist operators by generating or scanning a QR Code or by filling in a payment form.
The pro Application enables tourism professionals to generate QR Codes that allow customers to easily identify and pay for them. The money received will be paid back to the tourism operators after deduction of the commission by Vanilla Pay International.
Vanilla Pay International also offers an integrated payment solution for professional websites.
Article 3 : APPLICATION AVAILABILITY
The Tourist Application is available to individuals anywhere in the world.
The pro application is available to professionals.
The Applications are accessible 24 hours a day, 7 days a week, except in cases of force majeure and any breakdowns and maintenance operations necessary for the proper functioning of the Applications.
Applications can be updated from time to time to add new features.
Maintenance and/or updates may be carried out without prior notice to Users.
Article 4 : RESPONSIBILITY
Vanilla Pay Internationale is not responsible for the quality, safety or suitability of tourism services provided by tourism operators. You use these services at your own risk.
In no event shall Vanilla Pay International be liable for any loss, damage, cost or expense arising from the use of the Applications or tourist services booked via the Application."
Article 5 : FINANCIAL CONDITIONS
The Application is offered free of charge to tourism professionals. The following costs are the exclusive responsibility of tourism professionals:
● Internet connection and access costs
● Data upload surcharge, if any
Article 6 : RIGHTS, OBLIGATIONS AND LIABILITY OF VANILLA PAY INTERNATIONAL
Vanilla Pay International will use its best efforts to ensure the proper functioning of the Applications, and undertakes to ensure the security of access, consultation and use of the Applications and the Site.
Vanilla Pay International undertakes to carry out or have carried out the necessary maintenance work to restore the correct operation of the Application or its Site as soon as possible.
Vanilla Pay International ensures that the Application is published on the stores and that it is compatible with most cell phones on the market. Due to the large number of models, various operating systems (updated or not), possible operator surcharges, and different software installed by the User, Vanilla Pay International cannot guarantee perfect compatibility of the Application with all cell phones and will therefore not be liable in the event of malfunction.
Article 7 : LIMITATION AND EXCLUSION OF LIABILITY
Vanilla Pay International shall not be liable for any risks accepted by the User. Vanilla Pay International cannot be held responsible:
● In the event of loss, delay or error in data transmission beyond its control;
● Damage of any kind, direct or indirect, resulting from the inability to use the Application, and in particular any financial or commercial loss and/or loss of data;
● Damages of any kind, direct or indirect, resulting from the content and/or use or inability to use the Site or to which Users may have access via the Application;
● Damage of any kind caused to Users, their telephones, computer and telephone equipment and the data stored therein, and the consequences thereof for their personal, professional or commercial activities;
● If data is not received for any reason, or if the data received is illegible or impossible to process ;
● Should the User be unable to access or use the Site, the Application and/or the Services for any reason whatsoever, in particular in the event of maintenance operations, updates or technical improvements;
● If, for any reason, the connection should be interrupted;
● In the event of misuse of the telephone and/or an incident related to the use of the telephone while using one of the Applications.
Vanilla Pay International can only be held liable in the event of fault and is limited to direct material damage. In any event, Vanilla Pay International's liability is limited to 500 euros for all causes of damage.
Vanilla Pay International acts as an intermediary between the User and the tourism professional. As such, it cannot be held liable by the User in the context of the relationship between the User and the tourism professional.
The User acknowledges that the above limitations of liability do not deprive the essential obligation of each of the Parties of effect and that they are consistent with the stakes of the contract binding them.
Article 8: PERSONAL DATA PROTECTION
Vanilla Pay International undertakes to comply with legislation relating to the protection of personal data and in particular Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The User and tourism professionals agree to accept Vanilla Pay International's Privacy Policy. The User is informed that the Application uses « cookies » designed for use by Vanilla Pay International.
Article 9: APPLICATION SECURITY
The Application is provided « as is » without warranty of any kind. Access to and use of the Application are at the User's own risk.
Article 10: RISKS TO THE USER
Users are responsible for taking all appropriate measures to protect their own data and/or software stored on their equipment (telephone, computer) against any attack, in particular against any malfunction, virus and/or piracy.
By using the Application, users assume all consequences that may arise from the Application.
Article 11: RISK ON THE « INTERNET NETWORK »
The technical performance of the mobile Internet requires the processing time necessary to answer, consult, query or transfer the Services. The User declares that he/she is aware of and accepts the limits and problems of the Internet network, for which Vanilla Pay International cannot be held liable, and in particular :
● The characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network;
● Problems related to connection and/or access to the Internet and/or websites;
● Problems related to network availability and congestion ;
● Problems related to network failure or saturation;
● Problems related to transit time, access to online information, response times for displaying, consulting, querying or otherwise transferring data;
● Risks of interruption ;
● The lack of protection of certain data against possible misappropriation or piracy;
● The risks of contamination by any viruses circulating on said networks.
Article 12 : RESILIATION
Vanilla Pay International may decide to end the provision of the Application at any time, subject to 7 days' notice. Notification of termination will be made by e-mail or by posting a message on the Application.
Vanilla Pay International is not required to give reasons for its decision to terminate the provision of the Application and such decision shall not give rise to any compensation or reimbursement.
Article 13 : UNDIVIDED TERMS OF USE OF THE APPLICATION
If all or part of these GCU are deemed illegal or invalid by a court of law, the invalid provision will be deleted without affecting the rest of the GCU. The other stipulations of the GCU shall remain valid and applicable.
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