Last updated: May 7th, 2018
The General Conditions are concluded between:
Prizle SAS; 8 rue du Pic Saint-Loup, 34160 BEAULIEU, with a capital of 15 000€, registered in R.C.S. MONTPELLIER 834 187 387, recorded in quality of intermediary in participative financing by ORIAS under the number 18002769
Hereafter “Prizle” on one side;
And the nonprofit organization wanting to be affiliated to Prizle, whose headquarter is located in France,
Hereafter “The Association” on the other side;
Together referred to as “the Parts”.
Every association or organization wanting to be affiliated to Prizle in order to receive donations is invited to read attentively the current general conditions of usage (CGU).
By accepting the CGU, you admit to having taken knowledge of the current CGU up to date and you commit yourself to respecting them.
Prizle releases a solidary cashback platform, allowing specially those non profit organizations and associations to feature their calls for donations on their website. Fundraising is made possible thanks to those online purchases of products or services that have been made by users of the website on our partner ecommerce sites.
Prizle strives to stay neutral regarding the mission, beliefs or objectives of those organizations and associations that want to affiliate under subject that the latter aim to be non profit and share their commitment in favor of an equal opportunity world for everyone and free of discrimination. Prizle does not work with any group that does not share these beliefs.
The Association wants to spread the fundraising of Prizle’s partners and widen its audience.
For this purpose, both parts have come together in order to rule their contractual relations in compliance with what is listed below:
The current General Conditions aim to frame the provision of Services as they were described in article number 5 of those that are listed here. The Services are provided to the Association free of charge.
- Association: it designates every non profit organization or association affiliated to Prizle and that is able to be a beneficiary of a donation.
- Cashback: it designates the reduction or discount granted to the User by the ecommerce website on the prize of the asset or service acquired online by the user in the ecommerce website.
- Framework contract of payment services: it designates the contract done between the Association and the Establishment, in order to frame the fundraising on an open account payment to the name of the Association. The Framework contract of payment services is available in the Annex 2 of the current document.
- CGU: it designates the current Usage General Conditions of Prizle’s Services.
- Donation: it designates the donation manual agreed by the user in the Association. The amount of the donation is established from the amount of Cashback after the deduction of the fees.
- Identification Data: it designates the email address and the password inquired by the Association and allowing it to access their personal space.
- Personal space: it designates the environment appointed of the Association on the website, to which it will connect through its Identification Data.
- Expenses: it designates the expenses of the supplying of Services billed by Prizle to the User and coming in deduction from Cashback.
- Ecommerce website: it designates every site of the market where every professional seller of assets or services, partners of Prizle.
- Public Profile or Profile: it designates the group of published content by the Association, in order to describe its activity and the projects with the potential to be financed by the raised funds. The public profile is noticeable from the group of Prizle Users.
- Establishment: it designates the society LEMON WAY, SAS of a capital of 867.16,89 €, with a SIREN number 500 486 915, located at 14 rue de la Beaune, 93100 Montreuil, in France, certified on 24/12/2012 by the Autorité de Contrôle Prudentiel et de Régulation, 61 rue Taitbout 75009 Paris, in quality of Établissement de Paiement hybride, under the number 16 568 J. The Establishment has appointed Prizle in quality of provider of payment services.
- Representative: it designates the Association President or any other physical person entitled by the statutes for representing her.
- Services: it designates the group of services provided by Prizle to the User in compliance with the CGU and their annexes.
- Client service: it designates the support dedicated to the Associations, of which the coordinates are indicated in the article number 16 in the current list.
- Site: it designates the internal website edited by Prizle, accessible through a computer or a mobile device (tablet or smartphone) with Internet access.
- User: it designates every physical person registered on the Prizle website and being able to beneficiate the Association with funds generated by their purchases at the partner ecommerce sites.
Every organism that wants to become an Association affiliated to Prizle must be declared in the Prefecture of the department of its headquarters in France in quality of association within the meaning of the article number 5 of the law 1901.
The committees of political actions, political campaigns or any other organization that are not legally able to receive donations of people on the internet, will not be able to subscribe to Prizle Services.
The organizations that encourage violence, hatred, discrimination, intolerance or any other behavior that goes that way, will not be admitted by Prizle. Prizle reserves the right to assess if an organization fits the aforementioned criteria and, when appropriate, to deny its inscription on the website. Such denial does not let any right to indemnization in favor of the organization in question.
4. Inscription of an Association
The inscription of an Association on the website must be done by a Legal Representative, authorized to appoint the latter.
Any organization that wants to become an Association affiliated to Prizle must provide the following information and documents:
- Its company name;
- the postal address of its headquarters;
- The valid email address of the organization as well as the URL address of its website;
- The email address of the Representative;
- A description of the purpose of the organization and the causes for which it works;
- The organization’s logo;
- The number of its registration in the Répertoire National des Associations (RNA)
Prizle could also ask for the following supporting documents:
- A copy of the statutes, certified in accordance by the Representative;
- A copy of the receipt of the declaration of association to the Prefecture;
- An extract of the receipt of the general assembly after which the Representative has been designated to, in case the capacities of the representative are not foreseen by the statutes;
- An official identity document in the process of being validated of the Representative (this document must contain a photograph).
Prizle reserves the right to ask for the Association every other complementary information or document, especially in regards to the respect of its obligations in terms of the fight against money laundering and terrorism financing.
The Association guarantees that the information given during the inscription are exact, honest and updated.
The Association is invited to accept the current CGU by a process of acceptance online. The current CGU are downloadable in PDF format by clicking on the link available at the end of this document.
The Representative must give a password. This password as well as the email address he has provided constitute its Identificatio Data, allowing him to connect to the personal space of the Association on the website.
5. Description of Services
5.1. Presentation of Services
Prizle produces a website that allows its affiliated Associations to publish on their Public Profil calls for donations, in order to finance their projects.
Prizle puts at the disposal of the Association a Profil allowing it to publish visible content to its Users, as well as a personal space whose functionalities are described up next.
Prizle allows to collect the Cashbacks authorized by the ecommerce sites to the User and to transfer them to the Association that is looking for a Prizle User. To this effect, Prizle acts in quality of a service provider of payments appointed by the Establishment.
Prizle is not responsible in any case for the audience or the volume of donations attributed by Prizle Users. It is possible that the Association does not receive any donation, in case no User has designated it a beneficiary, or that the users have chosen it and not made any purchase on the partner ecommerce sites.
5.2. Access and functionalities of the personal space
The personal space of the Association is accessible through the Identification Data of the Representative. This data is strictly confidential. The Representative is not authorised to provide its data to a third party. The Association could designate physical persons other than those who have been authorized by the Representative to access their personal space. Prizle will assign proper Identification Data to each authorized person.
The personal space allows the Association especially:
- To manage the content that it publishes on its Public Profile;
- To have access to the reporting of the raised funds thanks to its Users. The Association will receive the following information: amount and date of the raised funds for every purchase made by a User; identification of the partner ecommerce website from which the User have made its purchase.
The Association is invited to verify the coherence of the reporting made by Prizle regarding the donations collected with the amount of the funds received from Prizle. If it finds an error, the Association can contact the client Service through the coordinates indicated in the article number 16 in this list.
5.3. Management of the Public Profile of the Association
The intermediation activity in participative financing is defined in the article L. 548-1 of the Code monétaire et financier; it rests on a mandarte given by the Association to Prizle that accepts it, to present the projects on the site in order to make calls for donations. The Association disposes of a Public Profile on the site, allowing it to publish the description of its purpose for which it makes calls for donations.
The Association commits to not post online ads on its Profile of publicitary or commercial nature.
The Association is invited to publish on its Profile customized content in order to feature its activities, the projects made thanks to the raised funds, etc. This content must be updated and renewed regularly. The conditions of eligibility, the criteria of analyse and selection of projects are available on the site.
In order to promote the Prizle Service, the Association is invited to encourage their members and supporters, its partners, the visitors of its website and its communities to come discover the projects of the Association on the site Prizle.com, especially by quoting or tagging Prizle on their social media, its website or in its newsletters.
The Association can also freely include the Prizle logo next to the elements of its own communication, in order to promote the services proposed by Prizle.
Before publishing a call for donations on its Profile, the Association will make sure that is in conformity with all the regulations applicable to it. Especially, the Association will declare having made, where appropriate, the declaration before making a public call to the generosity in the Prefecture of the department of its headquarters.
5.4. Amount of Donations
The amount of a donation given to the Association corresponds to the amount of the Cashback assigned to the User having chosen the Association, after the deduction of the expenses of Prizle.
For every purchase made by a User having chosen the Association, Prizle commits to transfer a minimum of the 70% of the total amount of the Cashback to this Association.
5.5. Modalities of transfer of donations
The Association is informed that the Users authorize Prizle to transfer the Donations to the Associations. To that effect, Prizle acts in quality of service provider of payments mandated by the Establishment.
In order to collect the amount of donations, the Association ends the Framework Contract of payment Services available in the Annex 2. Thus, the Establishment will open in its books a payment account to the name of the Association, allowing it to cash the Donations. The Association could at any moment ask for the transfer of money of its payment account in accordance with the dispositions of the Framework Contract of payment services.
In any case, the Donations will be transferred to the payment account of the Association within a period of a maximum of 180 working days counted from the effective transfer of Cashbacks by the partner ecommerce websites.
The Association acknowledges that it in case of impossibility for Prizle to recover its fiscal identification number, the Donations cannot be transferred to the Association.
5.6. Nullity of a Donation
In case of nullity of a Donation if the amounts have not been transferred yet to an Association, the latter accepts that Prizle does not transfer it the amount of this Donation.
This amount will be deducted from the total amount that Prizle must transfer to the Association.
On the other hand, if the amount of the Donation has already been transferred to the Association, this accepts, when possible, that the amount of this Donation is deducted from future amounts that Prizle must transfer to the Association. If this proves to be impossible, the Association commits to return the amount asked by Prizle within a period of 10 working days counted from the demand made by Prizle. The latter will attach its demand with every element noting the nullity of the donation.
The Association is informed that the nullity of the donation can especially result fron the annulation by a User from his purchase on the ecommerce website or the questioning of his payment.
6. Modification of the CGU
Prizle reserves the right to modify the current CGU at any moment with a one-month notice. The version in force of the CGU is the one published on the website. It is downloadable in PDF format by clicking on the available link at the bottom of this document. The last date of modification of the CGU is indicated at the top of this document.
7. Duration and Cancellation
The CGU are concluded for an undetermined duration.
The Association can cancel the CGU of every right by sending an email to the client Service to the address firstname.lastname@example.org respecting a period of a two-month notice. Counting from the date of the end of the notice, the Association will no longer be a beneficiary of the donations. This cancellation gives an automatic notification of the cancellation of the framework contract of payment services to the initiative of the Association in accordance with the dispositions of said contract.
Where appropriate, the Association must demand the money transfer of its payment account, in accordance with the framework contract of payment services. Prizle will confirm thereafter to the Association the closure of its personal space by any means. Prizle may also terminate every right of the current CGU respecting a two (2)-month notice, notified to the Association by any means. This cancellation gives an automatic notification of the cancellation of the framework contract of payment services contained in the Annex to Prizle’s initiative in accordance with the disposition of said contract.
Otherwise, Prizle reserves the right of cancelling the CGU without any notice and on a simple notification addressed by any means, in any of the following cases:
- Breach of the Association on its obligations under the present;
- Dissolution of the Association;
- Publication of illicit content;
- Any illegal, fraudulent or diverted usage of the Services;
- Legislative or regulatory evolution, or any decision by an administrative authority, affecting in a substantial way Prizle’s capacity to provide its Services;
- The ceasing of Prizle’s operations.
The cancellation of the CGU entails the definitive suppression of the personal space of the Association as well as all of the published content on the public Profile.
8. Blockage of the personal space
Prizle reserves the right to block the personal space in case of any breach of the Association under the present, in case of suspicion of fraudulent usage of Prizle’s Services, or even in case of publication of illicit content as defined in the article 9.2 of this document.
Since it notices the blockage of its personal space, the Association is invited to contact Prizle’s client Service in order to find a solution to this situation. If the Association does not contact Prizle within a period of a month counted from the blockage of its personal space, Prizle could cancel the Association of every right. It is specified that in case of blockage of the personal space, the Profile of the Association will be rendered inaccessible to the Site’s Users.
9.1. Prizle’s responsibility
Prizle's liability may be incurred only in the event of direct damage suffered by the Association as a result of Prizle's breach of its contractual obligations hereunder. Prizle can not be held responsible for any indirect damage, such as loss of profit, loss of opportunity, commercial or financial loss.
Prizle is not liable in case of force majeure as defined by Article 1218 of the Civil Code and the French courts. In particular, the responsibility of Prizle can not be engaged in case of fire, flood, interruption of the supply of energy, raw materials or spare parts, computer virus, illegal intrusion in its information system, as well as in the event of total or partial strikes of any kind impeding the smooth running of society, such as transport strikes. The occurrence of a case of force majeure has the effect of suspending the performance of Prizle's contractual obligations.
To access Prizle Services, the Association recognizes that it must have internet access. The Association is aware of the uncertain nature of the reliability of the internet network and telecommunications infrastructure. Prizle can not be held responsible if it is impossible for the Association to access the Site due to breakdowns or saturation of the Internet networks.
9.2. The Association’s responsibility
The Association is responsible for the electronic equipment that it uses to access the Site. It is its responsibility to protect his equipment against viruses or any attempt of intrusion.
The Association is liable to Prizle for unlawful use or fraudulent misuse of the Services.
The Association commits itself not to put online illicit contents on its Profile. In particular, the Association commits to not to publish any offensive or defamatory content, pertaining to the privacy of a third party or violating intellectual property rights (eg fraudulent extraction from a database protected by Article L342-1 of the Intellectual Property Code).
The publication by the Association of child pornography is also prohibited; content that causes discrimination, hatred or violence; violent or pornographic messages or of a nature to seriously undermine human dignity; content advocating war crimes and crimes against humanity; content leading to acts of terrorism or apology.
In case of publication on its Profile of any content that may be related to one of the above cases, Prizle will immediately block the Personal Space of the Association and will terminate without notice these Terms, with immediate effect.
10. Anti-money laundering and terrorist financing
As an intermediary in crowdfunding and in accordance with Articles L561-2 and following of the Monetary and Financial Code, Prizle is subject to legal and regulatory obligations in the fight against money laundering and terrorist financing. Prizle carries out all the necessary steps relating to the identification and verification of the identity of the Association and, where applicable, of the beneficiary owner. The Association commits to communicate to Prizle any document and any information that may be requested by virtue of its obligations in terms of customer knowledge and the fight against money laundering and the financing of terrorism.
11. Availability of the Site
Prizle implements all necessary means to ensure the availability of the Site and access to the Services twenty-four (24) hours on twenty-four and seven (7) days out of seven.
However, Prizle declines any responsibility in the event of temporary inability to access the Site and the Services due to technical problems, breakdowns or malfunctions, regardless of their origin.
Prizle retains the right to make the Site temporarily unavailable, notably for reasons of maintenance or updating.
12. Protection of Personal Data
When subscribing for Prizle Services and during the execution of these Terms and Conditions, the Association may be required to provide Prizle with Personal Data relating to individuals related to the Association ("the Persons Concerned"), such as the Representative or any other person authorized to represent the Association.
"Personal data" refers to any information relating to a Data Subject, as long as the data makes it possible to identify it, directly or indirectly, in particular by reference to an identifier, such as a name, a number of identification, location data, an online identifier, or one or more specific elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity.
As part of this agreement, Prizle acts as Data Controller. Prizle commits to transmit the following information to any natural person who may be affected by the processing of personal data.
Prizle commits to apply the applicable provisions relating to the protection of personal data of natural persons. It commits under the same conditions to enforce the provisions applicable to all of its partners. By accepting these Terms, the Association authorizes Prizle to communicate its personal information to partners or subcontractors whose activities have been outsourced to them for the execution of the Services.
The collection of Personal Data is necessary for the conclusion of the TOS and the provision of the Services. In case of refusal to provide the required Personal Data, Prizle may refuse to finalize the registration process of the Association or terminate the Terms. The recipients of the Personal Data collected are the technical teams of Prizle as well as the Customer Service.
The Personal Data are kept for the duration of the contractual relationship, except in the case of legal or regulatory obligations imposing a particular period of conservation, in particular for reasons of proof and traceability of Donations.
Prizle only uses subcontractors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures to protect the rights of the User. Prizle communicates on request the details of the subcontractors involved in the processing of Personal Data as well as the countries where these providers are established.
The Person concerned is informed that he / she has the following rights on his Personal Data: right of access, right of opposition, and right of rectification.To exercise your rights, the Person concerned must contact Prizle at the following coordinates: email@example.com. Prizle may require the applicant to provide a valid official identity document to confirm its identity.
The Person concerned is informed that the professional e-mail address entered when subscribing to the Services may be used by Prizle for commercial prospecting purposes. If the email address contains Personal Data, the Person concerned may refuse to receive such messages by clicking on the link accessible in the emails concerned. The Person concerned is informed that the generic email addresses (of the type contact@nomsociété.fr) can not be the object of the right of refusal.
The Personal Data entered by the Person concerned may be communicated by Prizle to official bodies and administrative or judicial authorities, particularly in the context of the fight against money laundering and terrorist financing.
13. Intellectual Property
13.1. Rights held by Prizle
The trademarks, logos, signs and other content of the Site are protected by copyright within the meaning of Article L112-1 of the Code of Intellectual Property. Any total or partial representation, copy, reproduction, distribution, sale, publication, exploitation of the Site without the express authorization of Prizle within the meaning of Article L. 122-4 of the Code of Intellectual Property is prohibited and would be constitutive of a counterfeit.
Use of the contents for commercial purposes is strictly forbidden without the prior consent of Prizle. The Association may request the authorization by sending a request to Customer Service. Prizle reserves a period of twenty-one (21) days to respond. In the absence of a response from him, the Association will have to consider his application as refused.
Registration with Prizle does not confer on the Association any right of ownership over the content of the Site and does not constitute an assignment of intellectual property to its benefit within the meaning of the French Intellectual Property Code.
The Site incorporates a database (hereinafter "Database") produced by Prizle and made available by it. The Association is prohibited from proceeding to:
The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the Database on another medium, by any means and in any form whatsoever;
Reuse, by making available to the public the whole or a qualitatively or quantitatively substantial part of the contents of the Database, in whatever form;
Repeated extraction or reuse of the contents of the Database when these operations clearly exceed the normal use conditions of the Database.
The Association must hold the copyrights necessary to exploit all the images, as well as the video and music files that it publishes on its Public Profile. If the Association uploads photographs or videos showing clearly identifiable persons, the written consent of the persons concerned by these media must first be obtained.
13.2. Non-exclusive license granted to Prizle by the Association
The Association grants Prizle a non-exclusive license on its logo and brand. This license will be used by Prizle only for communications related to the services provided by Prizle and includes the possibility for Prizle to reproduce, distribute and display the logo or brand on any paper, analogue, electronic and any network. The Association grants this license free of charge for the duration of the present. In execution of this license, Prizle commits to respect the image of the Association. The Association indemnifies Prizle against any action, claim or complaint on the grounds that the use of the logo or trademark infringes any license, copyright, trademark, trade secret or other proprietary right of which a third party is the owner. The Association shall bear all the pecuniary consequences that Prizle may suffer under such a claim.
14. Communication campaigns by Prizle
The Association accepts that Prizle, in the context of communication and promotion of its activities to the public, mentions the Association, its activities, its projects and missions and puts forward all or part of its contents, brands or logo. These communication actions can be carried out on any electronic or paper media, on media or partner websites, and on any social network (including Facebook).
Prizle commits not to use the contents, brands or logo of the Association in any way that could be prejudicial to it. In addition, Prizle commits to respect the image of the Association and its values, as well as not to distort or divert the contents of the Association as part of its communication campaigns.
The Prizle information system ensures the traceability of the use of the Services by the Association (connection to the Personal Space, publication of content on the Public Profile, history of donations received, etc.).
In the event of a complaint relating to the use of the Services, the Association accepts that the recordings made by Prizle's information system have probative value, unless otherwise stated.
16. Customer Service and Communications
For any request for information on the functioning of the Site or the Services, the Association is invited to contact the Customer Service at the following coordinates: firstname.lastname@example.org, or using the contact form available on the Site. Prizle will respond as soon as possible to requests for information.
The Association expressly agrees that, as part of the execution of these presents, Prizle communicates with it electronically, in particular via its Profile or by means of the email address entered during the registration of the Association. The language of these Terms is English.
For any complaint, the Association can contact Customer Service by sending an email to the following address: email@example.com.
Prizle will make every effort to process the complaint within fifteen (15) days after receipt and provide a response to the said complaint within sixty (60) days after the date of processing.
18. Independence of stipulations
The invalidity or invalidity of one of the stipulations of these Terms does not affect the validity of the other stipulations.
19. Applicable law and jurisdiction