Terms of Services

Disclaimer: The following translation is provided for your convenience only. Only the original French document of the respective Terms of Use is legally binding. This applies to all of our legal documents.

1. Acceptance

The access to and use of the platform accessible at the following address: www.qonto.eu (hereinafter referred to as 'the QONTO Platform') of the company OLINDA, simplified joint-stock company with a capital of € 185,174.00, registered with the Trade and Companies Register of Paris under number 819489626 and whose headquarters are located at 42 RUE ETIENNE MARCEL 75002 PARIS (hereinafter referred to as 'OLINDA'), and the services provided therein are subject to compliance with these Terms of Use.

Any access to the QONTO Platform and/or use of the QONTO Platform assumes acceptance and respect of all the terms of these conditions and their unconditional acceptance. They constitute a contract between OLINDA and the Internet user who accesses the QONTO Platform, as well as the client, natural or legal person acting as part of his professional activity, previously registered and having created an account on the QONTO Platform (hereinafter referred to as 'the Client').

This contract is concluded for an indefinite period from the use of the QONTO Platform by the Client.

OLINDA reserves the right to change at any time the QONTO Platform as well as the Terms of Use, or to supplement them by additional new contractual conditions. Therefore, Clients are advised to regularly consult the Terms of Use, in order to refer to the latest version in force.

In the event that the Client does not wish to accept all or part of these Terms of Use, he is requested to renounce any use of the QONTO Platform.

Access to the payment services available from the QONTO Platform is only possible after the Client has accepted the 'Master Services Agreement for Payment and Electronic Money Services - General Conditions' of TREEZOR, simplified joint-stock company, registered with the Trade and Companies Register under the number 489 395 111 R.C.S. Nanterre, whose registered office is located at 150 RUE GALLIENI, 92100 BOULOGNE-BILLANCOURT, acting as an electronic money institution within the meaning of Article L.525-1 of the Monetary and Financial Code and approved by the French Prudential Supervisory Authority ('ACPR'), located at 61 RUE DE TAITBOUT, 75436 PARIS CEDEX 09 as an electronic money institution under number 16798.

The provision of a payment card to the Client implies the prior acceptance by the Client of the 'General Conditions of Operation of the Business Card' of the company TREEZOR.

2. Special Conditions and Tariff Terms

These Terms of Use will be supplemented by Special Conditions and Tariff Terms concluded between OLINDA and the Client.

3. Definitions

Client: the Internet user who accesses the QONTO Platform, as well as the client, natural or legal person acting as part of his professional activity, previously registered and having created an account on the QONTO Platform.

Account or Payment Account: account held by TREEZOR on behalf of a Client, used for the purpose of executing Payment Transactions.

OLINDA: simplified joint-stock company with a capital of € 133,625.00, registered with the Trade and Companies Register of Paris under the number 819489626 and whose registered office is located at 42 RUE ETIENNE MARCEL 75002 PARIS, editor of the QONTO Platform.

Payment Transaction: transfer order executed by TREEZOR and debited from a Payment Account.

QONTO Platform: online services platform available at www.qonto.eu

Payment Services: services provided to the Client by TREEZOR on the QONTO Platform and defined in 3° and 5° of Article L.314-1.I of the Monetary and Financial Code.

TREEZOR: simplified joint-stock company, registered with the Trade and Companies Register under the number 489 395 111 R.C.S. Nanterre whose registered office is located at 150 RUE GALLIENI, 92100 BOULOGNE-BILLANCOURT, acting as an electronic money institution within the meaning of Article L.525-1 of the Monetary and Financial Code and approved by the French Prudential Supervisory Authority ('ACPR'), located at 61 RUE DE TAITBOUT, 75436 PARIS CEDEX 09 as an electronic money institution under number 16798.

4. Purpose of the QONTO Platform

The QONTO Platform offers its Clients a monthly subscription for a financial management and payment service.

5. Availability of services

The QONTO Platform is available in any location, whenever the minimum technical conditions are met, in particular in terms of access to the mobile phone network, the Internet network and the technical compatibility of the equipment used.

6. Conditions of registration

For the validation of his registration, the Client must fill in all the mandatory fields of the registration form with exactness.

Only one account per Client is permitted and any fraud attempt may result in the cancellation of his account.

The Client has a personal space after his registration on the QONTO Platform.

The account may be terminated by OLINDA at any time and without notice as a result of fraudulent or unlawful use of the services and contents of the QONTO Platform.

The Client may terminate his registration at any time by following the terms and conditions described on the QONTO Platform.

Access to the QONTO Platform is possible to anyone but the creation of an account on the QONTO Platform requires the Client to be of age.

7. Warranty

OLINDA is liable to the Client only for an obligation of means and does not provide any warranty, express or tacit, including any guarantee of quality and suitability for a particular use of the services provided to the Client.

8. Intellectual property

The presentation and content of the QONTO Platform, together, constitute a work protected by the laws in force on intellectual property, of which OLINDA is the owner.

Any reproduction, integral or partial, is systematically subject to the authorization of OLINDA.

8.1 Copyright

The texts, images, drawings and layout as well as the graphic charter of the QONTO Platform are protected by intellectual property law.

It is forbidden to copy, extract, distribute or modify the content of the QONTO Platform for commercial purposes. Downloading and printing of text, images and graphics are permitted for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of OLINDA.

The lack of authorization is penalised by the offense of counterfeiting.

8.2 Trademarks

Trademarks and logos on the QONTO Platform are registered and protected trademarks.

Any total or partial reproduction of the trademarks and/or logos present on the QONTO Platform, made from elements of the QONTO Platform without the express authorization of OLINDA constitutes an infringement punishable by Articles L.713-2 et seq. of the Intellectual Property Code.

8.3 Databases

Databases established by OLINDA are protected by copyright as well as by the law of July 1st 1998 transposing into the Intellectual Property Code the European directive of March 11th 1996 relating to the legal protection of databases.

Unless otherwise authorized in writing by OLINDA, any reproduction, representation, adaptation, translation and/or modification, in whole or in part, and any substantial qualitative or quantitative extraction to another platform is prohibited and punishable by Articles L.343-4 et seq. of the Intellectual Property Code.

8.4 Concession of operating licence of copyright and image rights

By posting content on the QONTO Platform, the Client automatically grants an operating licence to OLINDA on this content for the purposes of the QONTO Platform management for the whole world and for the duration necessary for the management of his account.

The Client finally declares that the copyright thus granted does not infringe the rights of third parties and is not the subject of any claim.

The Client warrants OLINDA against any claims of any kind whatsoever arising out of the ownership of the rights granted, whether it be in respect of intellectual property rights or in respect of image rights or in respect of unfair competition or parasitism and undertakes to reimburse OLINDA any sums to which it would be condemned as such.

9. Liability of OLINDA

OLINDA makes its best efforts to ensure the proper functioning of the QONTO Platform and the services therein, within the limits of responsibility of the present general conditions.

9.1 Access to the QONTO Platform

The QONTO Platform is in principle accessible 24 hours a day and 7 days a week, however, OLINDA declines all responsibility, without this list being limiting:

  • In case of interruption of the QONTO Platform for operations of technical maintenance or updating of published information.
  • In case of temporary impossibility to access the QONTO Platform (and/or websites and applications related to it) because of technical problems and regardless of the origin and the provenance.
  • In case of unavailability or overload or any other cause preventing the proper functioning of the mobile network used to access the QONTO Platform.
  • In case of contamination by potential computer viruses circulating on the network.
  • More generally in case of direct or indirect damages caused to the Client, regardless of their nature, resulting from the access to, or the use of the QONTO Platform (and/or websites or applications related to it).
  • In case of abnormal or unlawful exploitation of the QONTO Platform
  • In case of loss by the Client of his login and/or password or in case of usurpation of his identity.

9.2 Contents posted on the QONTO Platform by Clients

OLINDA is not at the origin of the creation of the content published online on the QONTO Platform by Clients and which is distributed under the exclusive responsibility of the Client.

Not moderating a priori the content published online by Clients, OLINDA cannot be held liable for any content that is unlawful, contrary to good morals or constitutes any infringement of others’ rights, including intellectual property rights or the processing of personal data.

OLINDA cannot be held liable for exchanges occurring between Clients on the QONTO Platform.

OLINDA cannot be held liable for any content appearing on the QONTO Platform or sent from the QONTO Platform by any third party.

Thus, in the light of the legal qualifications defined in Article L34-1 of the Postal and Electronic Communications Code, OLINDA is qualified as a host for the content published online by the Clients on the QONTO Platform.

OLINDA is therefore not responsible a priori for the content of the Clients and does not bear any obligation to monitor this content.

9.3 Public content of the QONTO Platform

Despite the utmost care taken in creating and updating the QONTO Platform, OLINDA cannot provide any warranty, express or tacit, regarding the information contained in the QONTO Platform of which it is the author.

Consequently, OLINDA cannot be held liable for any direct or indirect damage resulting from any errors, inaccuracies or omissions of the information contained in the QONTO Platform.

9.4 Force majeure

OLINDA cannot be held responsible or considered as having failed in these Terms of Use for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals including interruption, suspension, reduction or disruption of electricity or other means or interruptions of electronic communications networks or in the case of events beyond its control.

9.5 Intervention of OLINDA

OLINDA reserves the right to modify the terms, conditions and references hereof at any time, in particular in the event of technical, legal or jurisprudential developments or when new services are set up.

10. Rights and responsibility of the Client

10.1 Responsibility

The use of the QONTO Platform is made under the sole and entire responsibility of the Client.

The Client is the only one responsible for the information he communicates from the QONTO Platform.

In case of abnormal use or unlawful exploitation of the QONTO Platform, the Client is solely liable for damages caused to third parties and the consequences of claims or actions that may arise therefrom.

The Client also waives any right of recourse against OLINDA in the event of prosecution by a third party against him due to the use and/or the unlawful exploitation of the QONTO Platform.

The Client undertakes, in general, to respect all the regulations in force in France.

10.2 Contents

Clients undertake not to use the QONTO Platform to:

  • Publish, transmit, share, store or otherwise make available any content contrary to the public order, prejudicial, threatening, illegal, defamatory, unauthorized, abusive, insulting, malicious, vulgar, obscene, fraudulent, privacy-invasive or infringing image rights, odious, inciting violence, racial or ethnic hatred or otherwise reprehensible;
  • Create several accounts or usurp the identity of a third party;
  • Transmit any element containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the functioning of software, hardware or electronic communications;
  • Publish, transmit, share, store or otherwise make available any content that constitutes or encourages a criminal offense or provides instructions on how to perpetrate it, infringes the rights of a third party or is likely to involve the responsibility of a third party or to infringe local, national or international legislation.

The Client is solely responsible for the content that he incorporates in the QONTO Platform, including any content that may be offensive or illegal or likely to infringe the rights of third parties.

10.3 Access and security

It is the responsibility of any Client to take all appropriate measures to protect his own data and/or software stored on his mobile or computer equipment against any attack.

The Client has the right to consult without paying for it his data hosted on the QONTO Platform and any other information concerning him.

The use of the QONTO Platform services requires the opening of an account involving the provision of a login and the choice of a password.

The password is personal and confidential. The Client is solely responsible for this. He undertakes not to disclose it to third parties and to take all necessary precautions to prevent third parties from having access to it.

The Client undertakes to notify OLINDA immediately in the event of loss or usurpation of his password.

Failing that, and in the absence of proof to the contrary, any connection or transmission of orders or data made using the password will be deemed to originate from the Client and will be under his exclusive responsibility.

To be taken into account, the Client's claims must be addressed to the following email address: hello@qonto.eu

10.4 Personal data of the Client

OLINDA requires any Client to communicate a certain amount of personal information (surname, first name, email address, telephone number,...) in order to be able to identify him or simply to guarantee the uniqueness of his personal access.

Pursuant to Law n° 78-17 of January 6th 1978, as amended, relating to data processing, files and freedoms, the Client has the right to oppose, access and rectify the data concerning him.

The Client also has the possibility to inform OLINDA of the fate he wishes to reserve for his post-mortem data.

To exercise these rights, the Client must contact OLINDA at the following address: privacy@qonto.eu

The exercise of the right of access and rectification requires the Client to prove his identity by sending a copy of his identity document to OLINDA.

The information collected is intended for the management of the Client's QONTO account and the sending of commercial proposals.

OLINDA keeps the Client's data for a period of 12 months after the closing of his QONTO account.

The mandatory fields in the personal data collection forms are marked with an asterisk.

The automated processing of personal data carried out from the QONTO Platform has been the subject of a declaration to the CNIL (French National Commission for Information Technology and Liberties).

In accordance with Article 6, 5° of Law n° 78-17 of January 6th 1978 as amended, personal data shall be kept in a form allowing identification only for a period which does not exceed the necessary period for the purposes for which it is collected and processed.

Personal data is only accessible to authorized personnel.

In the forms for collecting personal data, the Client shall be informed in particular of: the identity of the data controller, his rights to personal data, the recipients, the purpose of the processing, the storage periods and the obligatory or optional nature of his replies.

Commercial prospecting that OLINDA would be likely to send by electronical means to the Client meets the following principles:

  • the Client has expressed his consent and has been informed, when he has communicated his personal data, of the opportunity to oppose, without paying for it, any commercial use of his contact details
  • the subject of the solicitation is related to the professional functions exercised by the recipient of the message.

11. Specific Terms of Use for third party platforms and tools

In addition to these Terms of Use, Clients undertake to abide by the General Terms and Conditions of the platforms providing access to the QONTO Platform, in the form of mobile application and third party tools used by the QONTO Platform.

The use of these third party platforms and tools by the Clients entails the collection and processing of personal data for which OLINDA cannot be considered as the data controller as defined by Law n° 78-17 of January 6th 1978 relating to data processing, files and freedoms.

11.1 App Store

Clients having access to the QONTO Platform via the App Store platform declare beforehand that they have accepted the Apple Media Terms and Conditions in their latest update and comply therewith.

The Apple Media Terms and Conditions are available at:

http://www.apple.com/legal/internet-services/itunes/fr/terms.html#SERVICE

11.2 Google Play

Clients having access to the QONTO Platform via the Google Play platform of Google declare beforehand that they have accepted the Google Play Terms and Conditions in their latest update and comply therewith.

The Google Play Terms and Conditions are available at:

http://www.google.com/mobile/android/market-tos.html

11.3 Kantox

In connection with the use of the Kantox international transfer service, the customer authorizes Olinda to transmit personal data to his partner.

We may collect and transmit the following informations about you:

  • Company details (Name, Siren, date of registration)
  • Users informations and proof of identity (such as name, address, telephone number and email address)
  • List of subscribers and ultimate beneficiary
  • Any other documents or informations relating to our regulatory obligations in order to protect our customers against potential fraud

Kantox is fully committed to safeguarding your privacy online. Kantox's Terms and Conditions and Privacy Policy are available at: https://www.kantox.com/en/confidential/

Kantox Limited is authorised by the Financial Conduct Authority (FCA) under the PSR 2009 (reference 580343) for the provision of payment services. Kantox Limited is registered with the UK Data Protection Act Registration (Nr. PZ2909796).

 

12. Treezor

TREEZOR intervenes on the QONTO Platform of OLINDA as an electronic money institution and limits the processing of personal data of Clients for the purposes strictly necessary for the provision of Payment Services.

The Client who wishes to access the Payment Services of the QONTO Platform must accept TREEZOR’s Terms and Conditions.

TREEZOR’s Terms and Conditions are intended to govern the terms and conditions of use of the Payment Services provided by TREEZOR in return for the payment by the Client of the fees provided for in Article 4 of TREEZOR’s Terms and Conditions.

It governs the conditions for the opening, operation and closing of the Payment Account.

The Client may subscribe to the TREEZOR Card, whose subscription and use conditions are provided in the 'General Terms and Conditions of the Business Card' of TREEZOR.

To this end, the Client must accept TREEZOR’s Terms and Conditions before being able to order such a Card.

Any eligible Client may transmit through the QONTO Platform a request for the opening of a Payment Account used for the execution of Payment Transactions.

If this request is accepted in accordance with Article 5 of the Terms and Conditions of TREEZOR, the Client becomes the holder of a Payment Account whose functionalities are used exclusively for Payment Services.

TREEZOR provides Clients with the following Payment Operations:

  • Credit of the Payment Account by the acquisition of a card payment order;
  • Credit of the Payment Account by the acquisition of a bank transfer order;
  • Credit of the Payment Account by the acquisition of a direct debit order;
  • Debit of the Payment Account following the execution of a bank transfer;
  • Debit of the Payment Account following the execution of a direct debit order;
  • Debit of the Card Account following the execution of a card payment order.

The Payment Services are provided in return for the payment of the fees provided for in Article 4 of TREEZOR's Terms and Conditions.

TREEZOR does not accept cash payment, check remittance, and does not offer any payment service, other than those specifically described in its General and Special Conditions, accepted online by the Client.

As a Client acting for professional purposes, Article L.314-5 of the Monetary and Financial Code applies.

Consequently, TREEZOR may derogate from the articles on payment services relating to information costs and information obligations, except for III of Article L.314-7 and VII of Article L.314-13.

In addition, TREEZOR's General and Special Conditions derogate from the provisions of Article L. 133-1-1, of the third and fourth paragraphs of Article L.133-7, of Articles L.133-8, L.133-19, L.133-20, L.133-22, L.133-23, L.133-25, L.133-25-1, L.133-25-2 and I of Article L.133-26.

13. Hypertext links

OLINDA specifies that the use of hypertext links may lead the Client to other websites or applications, independent of the QONTO Platform.

Hypertext links established in the direction of other sites or applications from the QONTO Platform cannot, in any case, involve OLINDA’s responsibility.

Likewise, the insertion of hypertext links to all or part of the QONTO Platform is authorized, on a non-exclusive basis and revocable at any time, without OLINDA having to provide any justification, and provided that this link cannot create against the QONTO Platform a dishonest, false, derogatory or detrimental character.

Under this authorization, OLINDA reserves the right to oppose.

OLINDA cannot be held responsible for any direct, indirect or incidental prejudice resulting from the access to or use of the information originating from third-party websites.

14. Independence of clauses

Should any part of these Terms of Use be null, invalid or unenforceable for any reason, this term or these terms shall be declared non-existent and the remaining terms shall retain their full force and effect and shall continue to be applicable. The terms declared non-existent would then be replaced by the terms which are closest to the content and meaning of the cancelled clause.

15. Applicable law and assignment of jurisdiction

The official language of these Terms of Use is French.

In case of any discrepancy, inconsistency or conflict between the French version and the translated version, the French version shall prevail.

These Terms of Use are exclusively subject to French law.

Any dispute arising in connection with the use of the QONTO Platform will be submitted to the competent Courts of Paris, notwithstanding a plurality of defendants or an appeal relating to warranty.

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