Introduction

The purpose of these General Terms and Conditions of Use (hereinafter the "GTCU") is to define the conditions under which the company Fair-eZone, a simplified joint stock company, registered with the RCS of Tours under number 800 845 323, having its registered office at 27 rue Mansart 37300 Joué-lès-Tours, France, makes the Site and the mobile Application hereinafter "Lekka" available to Users, as well as the reciprocal obligations of the parties in the context of the use of the Services.

It should be noted that Lekka is a digital service provided exclusively online, with no branch or office, and that, as such, the Fair-eZone company does not receive any customers at its registered office address, nor at any other address.

As a result, the User accepts, without reservation, these TOU in their entirety prior to any use of the Services.

These Terms of Use are entered into between you (the User) and Fair-eZone.

Please note that these Terms of Use are separate from the Paynetics Terms and Conditions, which govern the relationship between you (the User) and the Lekka Card issuer.

The Lekka Card solution is issued by our partner, Paynetics. Use of the Lekka Card and associated Payment Services is governed by the Paynetics Visa® Lekka Debit Card Solution Terms and Conditions, available here, and which the User agrees to accept prior to use of the Services. If the User does not accept these conditions, the User must renounce all use of the Site and the Services.

The User may at any time and free of charge obtain a copy of these contractual documents by visiting the Mobile Application or the Site.

Terms beginning with a capital letter in these TOU have the meaning given to them in the Appendix - Definitions.

Article 1 - Terms and conditions of access to the Services

1.1. Conditions of access to the Services

The User must be a natural person aged over 18, resident in one of the countries of the European Economic Area (EEA), or in the United Kingdom, with full legal capacity and using the Services for his/her own account and on a personal basis exclusively.

Failing to comply with the above prerequisites, the User is informed that he/she will not be able to use the Services in whole or in part. In the event of a false declaration, the User further acknowledges that he/she exposes himself/herself to the automatic termination of these GTUs by Fair-eZone, without prejudice to any civil or criminal sanctions that he/she may incur in this regard.

The User is informed that the Services are based on the General Terms and Conditions of the Paynetics cardholder, which implies his/her prior acceptance of the Paynetics GTUs.

The User acknowledges and accepts that Paynetics imposes additional prerequisites, which are essential for the use of the Payment Services, and which the User must read carefully before using said Payment Services.

1.2. registration

To register, the User enters his first name, surname, title, date of birth, country and place of birth, telephone number, Identifiers, country of residence, full address and default currency.

The default currency must be Euro (EUR) or Pound Sterling (GBP).

Then the User is asked to provide proof of identity, pass a vivacity test by having their face photographed (biometric checks that confirm the authenticity of a person's identity in real time and compare their face to a reference photo), as well as provide proof of address. Next, Users must complete their registration with personal details such as their occupation, some financial and banking information, and choose a subscription package. Once the documents have been received, Fair-eZone carries out a Prior Know Your Customer Check as outlined in the following section.

Once the User is fully approved, they are invited to make a first upload of money to their Account.

1.3. Prior verification of customer knowledge

As part of the fight against money laundering and fraud, Fair-eZone is obliged to verify the identity and residence address of its Users. To this end, the documents provided by the User are subject to an authenticity and validity check. Access to Payment Services will only be offered to the User after full approval.

The User undertakes to keep the data concerning him/her up to date. As such, in the event of a change of address or telephone number, the User undertakes to update his/her information as soon as possible.

Failure to comply with these prerequisites may result in the User, without any right to compensation of any kind:

• It may not use the Payment Services,
• It may only use the Payment Services in a restricted manner,
• Its Transactions will be automatically rejected or cancelled.

1.4. Subscription

Lekka is available on a monthly or annual subscription basis. The different subscription formulas are presented in Appendix - Fees and Limits and correspond to specific fees and limits of use.

When the User chooses a paid subscription formula, the associated fees are debited from his Available Balance on the first day of subscription to the new formula chosen, and valid for the chosen duration. The User will automatically be billed on the anniversary date of each subscription period (monthly or annual) for the fees applicable to that period. To avoid being billed at a later date, the User may convert his paid subscription to the free subscription formula before the renewal date.

When the User switches from a paid subscription formula to a free subscription formula when the paid subscription period has not yet ended, he will continue to benefit from the services of the paid formula until the end of the period for which he paid the said subscription.

Any failure to pay these fees will result in the termination of the User's paid subscription formula and its conversion to the free subscription formula, under the conditions set out below.

As the cost of the paid subscription approaches, in the event of an insufficient Available Balance to debit the said cost, the User will be invited to credit his Account as soon as possible. If the User has still not credited his Account by the date of debit, his paid subscription will automatically be converted to the free subscription formula. The User will have to replenish his Account to be able to subscribe again to a paid subscription formula.

Article 2 - The Services

The Payment Services indicated below can only be activated if the User has transmitted the required information allowing to proceed to the Prior Customer Knowledge Check and Fair-eZone has approved the User. Fair-eZone and its supplier for the Prior Know Your Customer Check will retain all such documents and information provided by Users, in accordance with the Data Retention Rules.

2.1. The Lekka Account and Card

2.1.1. The Lekka Account

When the User is fully approved, an Account is opened for him/her by Fair-eZone in the books of Paynetics and a bank account number is assigned to him/her.

The format of this account number depends on the default currency chosen by the User when registering:

• If they have chosen the currency EUR, the account number is an IBAN
• If they have chosen the currency GBP, the account number is made up of a UK account number associated with a "sort code" identifying the financial institution

In both cases, this account number is available to enable the User to receive incoming transfers (credit the Account), or make outgoing transfers (debit the Account) to a bank account outside Lekka.

2.1.2. Lekka Cards

Once the Account has been opened, the User has the opportunity to make their first deposit (see Article 2.3).

The User has the opportunity to request a Virtual Card, which can be used for online payments. Apple Pay and Google Pay (if available) also allow the Virtual Card to be used as a means of payment in shops.

The User may also order a physical Card. The physical Lekka Card is an international card, with the contactless payment option activated by default, usable throughout the Visa network.

Both Cards are usable until the last day of the month mentioned on the Card.

A Lekka Card is not a credit card and is not issued by a bank. There is only one Account into which the Available Balance is deposited. Reference to a currency EUR or GBP means the amount in that currency or its equivalent in the currency of the country in which the Card is denominated. The Available Balance on the Lekka Card and/or Account is non-interest bearing.

A Lekka Card Transaction in a currency other than that in which the Card is denominated requires a foreign exchange transaction at the applicable Exchange Rate.

a. Ordering the Lekka Card

The Lekka Card is ordered in the Mobile Application.

The Virtual Card is available in the Lekka Application as soon as it is ordered.

The physical Lekka Card will be sent to the residence address declared by the User. This must be activated prior to first use as set out in clause b.

Lekka Cards may be offered free of charge or at the rate set out in Appendix - Fees and Limits, depending on the terms and conditions displayed on the Site.

b. Activating the Lekka Card

Activation of the physical Lekka Card is required before first use.

As soon as the User receives his physical Lekka Card, he must therefore proceed with its activation by entering in the Mobile Application a code called "CH-ID / # token" printed on the back of the Card. The Card is accompanied by a letter describing the activation procedure in detail.

For the physical Card, the PIN code of the Card is accessible in the Lekka Application. Activation of the physical Card via the mobile Application is free of charge.

c. Deactivating the contactless payment option

After activating their physical Card, the User must make a payment or withdrawal by entering the PIN code in order to activate the contactless payment option. If they wish, the User may deactivate the contactless payment option directly via the Mobile Application.

d. Locking/unlocking Lekka Cards

The User has the option of locking or unlocking his Lekka Cards when he deems it necessary. This can be done directly in the Mobile Application.

e. Reporting a lost or stolen Lekka Card

In the event of loss or theft of his/her Lekka Card, or if the User believes that someone who has not been registered as an authorised person is using his/her Card, PIN and/or Identifiers, or in the event of damage to or malfunction of his/her Card, the User:

• may initially lock his Card as indicated in clause d, and then unlock it if he finds it or if his doubts about unauthorised use are removed
• must otherwise declare his Card lost or stolen:
  • either in the Mobile Application
  • or by email to the following email address: support@lekka.io

In this case, the Card will therefore be deactivated by Lekka customer service, and a new Lekka Card will then be sent to the address declared by the User in the Mobile Application.

The procedure for managing a lost or stolen Card and its replacement with a new Lekka Card is subject to payment of the fees set out in Appendix - Fees and Limits.

If the User subsequently finds or recovers a Card that he/she has reported lost, stolen or misused, he/she must destroy it immediately by cutting it in half by the magnetic strip and the chip, and inform Fair-eZone.

If the User's Card has been used by an unauthorised person, the User has the option of making a dispute request by completing a form provided by customer service on request. No refund will be made until the investigation to be carried out by Fair-eZone has been completed.

Fair-eZone reserves the right not to refund sums to the User if it considers that the User has not acted in accordance with these TOS.

f. Changing the PIN code

Changing the PIN code is possible at any cash dispenser that has this functionality.

Changing the PIN code may be subject to charges as set out in Appendix - Charges and Limits.

g. Recovering the PIN code via the Mobile Application

If the User forgets their PIN code, they have the option of recovering their PIN code from the Mobile Application.

h. Renewal of the Lekka Card

Any Lekka Card that is about to expire can be renewed. Each User with an expiring Card will be notified by email. The User must then confirm or change their postal address for the dispatch of their new Card, if they decide to order a new one, and pay the renewal fee set out in Appendix - Fees and Limits.

In the absence of a response from the User, Fair-eZone considers that he does not wish to renew his Card, and takes no action.

2.2. Consulting the Available Balance

The User may consult his Available Balance in real time free of charge via the Mobile Application.

The real time balance may not take into account pending debits. Nevertheless, Lekka will provide information on pending debits as soon as it becomes available.

2.3. Reloading the Account

To deposit Electronic Currency into his Account, the User may make a bank transfer from another bank account to his Lekka account number

• If he has chosen the currency EUR, he must make a SEPA Transfer
• If he has chosen the currency GBP, he must make a GBP Transfer

The User's Account is credited under the conditions specified in the Paynetics GTC, less any fees.

Reloading an Account may be subject to fees and load limits as set out in Appendix - Fees and Limits.

Fair-eZone is not responsible for the payment process or fees charged by the bank(s) and/or intermediary bank(s) to make payments you make to Fair-eZone.
Fair-eZone deducts any fees charged by third parties to receive, process or credit a payment to the User before crediting the balance of the User's Account. The User is responsible for verifying and confirming the payment credentials and the fees charged before making a payment to the User's Account.

Fair-eZone may require the User to substantiate the source of funds to comply with its regulatory obligations and, in such event, the User agrees to promptly submit a receipt. The User declares and guarantees that the proof they provide is up to date, complete and accurate.

2.4. Direct debit

The Direct debit functionality is not available with a Lekka Account.

2.5. Withdrawing money in cash

To withdraw money in cash, the User may use his Lekka Physical Card in one of the cash dispensers. The withdrawal will be subject to an immediate check of the Available Balance and will be rejected if the amount requested is greater than the Available Balance.

Withdrawing cash is an operation that may generate fees depending on the subscription taken out by the User as indicated in Appendix - Fees and Limits.

Any withdrawal rejected due to an insufficient Balance will be charged as indicated in line "ATM Withdrawal Rejection Fee" in Appendix - Fees and Limits.

2.6. Payments

Payments for goods or services can be made using the Lekka Card or by outgoing transfers (SEPA Transfer or GBP Transfer).

The Lekka Card allows any online payment within the limits indicated in Appendix - Fees and Limits on any site accepting Visa payments or physical point of sale accepting Visa cards.

• For all online payments, the 3D Secure option is activated. Please note that for some sites, the CVV is sufficient to authorise a transaction.
• For payments at physical points of sale:
  • Contactless payment without a PIN code, is possible up to the amounts imposed by the regulations, as long as the contactless payment option is activated, and the merchant accepts contactless payments.
  • In all other cases, the PIN code must be entered to validate the payment.

For any Payment, the User must check that he/she has a sufficient Available Balance to pay his/her Transactions and the associated fees. If for any reason a Transaction is processed but the amount exceeds the Available Balance, the User must immediately pay the amount of such excess, and Fair-eZone is entitled to stop the processing of any current or subsequent Transaction.

Any attempted payment due to an insufficient Balance will be charged as set out in line "Payment Rejection Fee" in the Appendix - Fees and Limits.

2.7. Money Sending Services

In each of the Money Sending Services detailed below, the purpose of the transfer and the amount to be sent are fields that must be entered by the User and may be analysed as part of the fight against money laundering and fraud.

2.7.1. The Lekka to Bank Service

This is the bank to bank account transfer service. SEPA or GBP Transfers are services for sending Electronic Money in EUR or GBP issued by a User to the SEPA zone bank account of a Beneficiary who is a natural or legal person.

The User may use SEPA or GBP Transfers to make a withdrawal to his personal bank account hosted at another financial institution.

a. SEPA Transfer

This is the transfer method available when the currency of the Source Account is in euros (EUR). Electronic Money is sent to the Beneficiary's account also in euros.

To identify their Beneficiary, or themselves when making a withdrawal to their personal bank account, the User issuing a SEPA Transfer must specify the name of the account holder, the bank's BIC/SWIFT code and the IBAN corresponding to the Beneficiary's account.

To make the transfer, the User must then enter the amount to be sent, and the purpose of the transfer.

The SEPA Transfer may be subject to charges as set out in Appendix - Charges and Limits.

b. GBP Transfer

This is the transfer method available when the currency of the Source Account is pounds sterling (GBP). Electronic Money is sent to the Beneficiary's account also in GBP.

To identify their Beneficiary, or themselves when making a withdrawal to their personal bank account, the User issuing a GBP Transfer must specify the name of the account holder, the bank's "sort code" and the Beneficiary's GBP account number.

To make the transfer, the User must then enter the amount to be sent, and the purpose of the transfer.

The GBP Transfer is subject to charges as set out in Appendix - Charges and Limits.

2.7.2. Lekka Transfer Service

This is a service for sending Electronic Currency between Lekka Users.

The User sending the Electronic Currency and the Beneficiary must both be Lekka Users and fully approved by Fair-eZone. In this context, Beneficiary necessarily refers to a natural person.

To identify its Beneficiary, the User sending a Lekka Transfer must specify the Beneficiary's phone number or email in order to identify the Beneficiary among existing Lekka Users. If the Beneficiary is not yet listed as a Lekka User, the sending User may invite the Beneficiary to register on Lekka (see Article 2.8).

To make his Lekka Transfer, the User must then enter the amount to be sent, and the purpose of the transfer.

A Lekka Transfer is an operation that may generate charges to be paid by the User sending the transfer, depending on the subscription taken out by the User as indicated in Appendix - Charges and Limits.

2.7.3. The Lekka to World Service

This is a service for sending Electronic Money between a Lekka User and a Beneficiary outside the SEPA zone, who is not a Lekka User.

a. Identifying the Beneficiary

To identify its Beneficiary, the User sending a Lekka to World shipment must fill in the Beneficiary's details, at the very least its first name, surname and title.

b. Sending the money

To send the Lekka to World, the User must then:

1. Select a delivery method and fill in the additional information required to make the money available to the Beneficiary requested by the Mobile Application according to the delivery methods.
2. Indicate the amount of funds to be transferred

• The equivalent amount of money delivered in the currency of the Beneficiary's country will then be communicated to the User, together with the exchange rate applied and the charges levied on the shipment.

1. Indicate the purpose of the transfer All information concerning the Beneficiary and the details of the shipment may be analysed as part of the fight against money laundering and fraud.

c. Terms of delivery of funds

Once the request to send Lekka to World has been confirmed by the sending User, the Beneficiary is informed of the availability of his/her funds and the terms of delivery. In the event of theft, loss or error in entering information, the User and/or the Beneficiary must inform Fair-eZone immediately so that Fair-eZone can block the Transfer.

d. Shipping Charges

The charges specific to the use of the Lekka to World Service are determined according to the Beneficiary (country, currency) and the delivery method chosen. The total amount of the Charges is displayed before the final validation of the shipment by the User

2.8. Sponsorship programme

Lekka offers a sponsorship programme through which an existing User called a "Sponsor" can invite one or more persons who are not yet Users called "Recommendees". The principle of sponsorship is to offer the Sponsor and the Follower promotional advantages in the use of Lekka Services.

The details of the advantages offered are defined prior to the launch of a sponsorship campaign published on the Site and communicated to existing Users.

2.9. Account statements

The User can consult his account statements in PDF directly in the Mobile Application and send them to himself by email if he so wishes.

2.10. Limitations of Services

Transactions may be limited depending on the subscription chosen and the User's method of use. Lekka Cards are issued in accordance with regulatory limits and conditions. The limits that apply to the use of Lekka Cards are set out in the Appendix - Fees and Limits and on the Website. As part of the fight against money laundering and fraud, Fair-eZone reserves the right to change certain payment restrictions (including those published or set out here) without notice and to the extent required to comply with its regulatory obligations.

2.11. Security and confidentiality

Fair-eZone undertakes to provide its services in compliance with applicable laws and regulations and good practice. In particular, Fair-eZone will make every effort to ensure the security and confidentiality of Users' data, in accordance with the regulations in force.

Fair-eZone reserves the right to temporarily suspend access to the Site or the Services for technical, security or maintenance reasons without these operations giving rise to any right to compensation. Fair-eZone undertakes to limit this type of interruption to what is strictly necessary.

The User is fully aware of the risk linked to the loss or theft of his/her Identifiers, the hacking of his/her equipment or any other fraudulent act allowing unauthorised use of his/her Account. Consequently, Fair-eZone cannot be held responsible towards the User for any errors, omissions, interruptions or delays in operations carried out via the Site or via the mobile Application resulting from unauthorised access. Fair-eZone shall further not be liable for theft, destruction or unauthorised communication of data resulting from unauthorised access to the Site or the Mobile Application.

The User agrees to inform Fair-eZone immediately of any unauthorised use of his/her login credentials or any other breach of security, either through the Mobile Application or by contacting customer service at support@lekka.io.

All transactions are processed by automated methods and anyone who obtains a User's login details may use them to transfer money without the User's authorisation.

If the User provides his or her mobile phone or login credentials to Lekka services to a third party, if a third party uses the User's login credentials, or if the User negligently makes his or her mobile phone or login credentials available to a third party who then uses them, the User will be liable for transactions made and any other use or misuse of his or her account until Fair-eZone and Paynetics have been notified otherwise. Fair-eZone may ask the User to close his/her account and open a new one, and/or to modify his/her access identifiers to the Lekka Services.

Article 3 - Protection of funds

The funds corresponding to the User's Available Balance are separated from Fair-eZone's and Paynetics' funds, held in an account opened with a bank, and are ring-fenced by the latter, in accordance with the Electronic Money Regulations 2011. In the event that Fair-eZone and/or Paynetics become insolvent, these funds will be protected from claims by creditors.

Article 4 - Right of withdrawal

The User has a period of 14 (fourteen) days to exercise his/her right of withdrawal, under the conditions defined in the Paynetics GTC, it being understood that this period runs from the date of creation of the User's Account. Withdrawal entails the return of the amount of the User's Available Balance and the reimbursement of the fees incurred if the User has subscribed to a paid subscription formula, less the fees due made payable to the User on the effective date of the resolution.

Article 5 - Liability

Fair-eZone is liable to the User solely by reason of the provision of the Site and the Mobile Application, according to the rules of common law for any direct, material and foreseeable damage.

The User acknowledges that Fair-eZone can in no way be held liable, in the event of:

• Damage resulting from the User's failure to comply with these GTUs or the Paynetics GTUs,
• Inaccuracy of the User's or Beneficiary's identification data as communicated to Fair-eZone by the latter,
• Damage resulting from the act of a User and/or a third party and/or a case of force majeure,
• Damage resulting from any other event beyond its control,
• Unilateral termination of the Services by Fair-eZone.

Fair-eZone does not intervene in any way in the legal and/or commercial relations and any disputes arising between the Beneficiary and the User.

The User is reminded that access to the Site and the Services is conditional upon the provision to
Fair-eZone of accurate and up-to-date identification data concerning him/her. In the event of a false declaration, the User acknowledges that he/she exposes himself/herself to the automatic termination of the present GTU by Fair-eZone, without prejudice to any civil or penal sanctions that he/she may incur in this regard.

Article 6 - Intellectual Property

All elements relating to the Site and the Mobile Application are the property of Fair-eZone or exploited under licence by Fair-eZone.

Fair-eZone and its partners are respectively the owners of all rights, in particular intellectual property rights, attached to all elements they make available to the User as part of the Site and Services.

The User is informed that any total or partial representation of the Site by any process whatsoever, without the express authorisation of Fair-eZone, is strictly prohibited. Only the reproduction and temporary representation for private and internal use of the Site, for the strict needs of the Services or browsing the Site, is authorised.

"Lekka" is a registered trademark of the company Fair-eZone.

"Visa" is a registered trademark of Visa International Service Association.

Article 7 - Personal Data

"Personal Data" means any information concerning a User obtained directly via the Website, the Mobile Application or through Paynetics, including identification information, personal financial data relating to Transactions.

Fair-eZone, in its capacity as data controller, is required to collect and process Users' Personal Data for the purposes of providing the Services.

In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended, and the European Regulation "RGPD" no. 2016/679/EU of 27 April 2016, the User has the following rights with respect to his/her Personal Data, in accordance with the conditions set out in the regulations: right of access, right of rectification, right of opposition, right to erasure, right to limitation of processing and right to portability.

The User may at any time exercise his/her rights by sending:

• Either an email to the following address: legal@fair-ezone.com
• Or a letter by registered post with acknowledgement of receipt to the following address: Fair-eZone, 27 rue Mansart 37300 Joué-lès-Tours, France.

Further information on the processing of Personal Data carried out in the context hereof and on Users' rights is available in Fair-eZone's privacy policy (accessible on the Site).

Article 8 - Combating money laundering and the financing of terrorism

Fair-eZone is bound, in the context of the provision of the Services, to a duty of vigilance for the purposes of combating money laundering and the financing of terrorism. As such, Fair-eZone may be required to ask the User for additional information, at any time, as part of the provision of the Services.

No prosecution and no civil liability action may be brought against Fair-eZone, its directors or its employees who have made declarations in good faith to the competent authority in application of the regulations.

The User is informed that a Transaction carried out within the framework of the present may be subject to the exercise of the right to communication by the competent financial intelligence unit. The User may, in accordance with the regulations, access all the information thus communicated provided that this right of access does not call into question the purpose of combating money laundering and the financing of terrorism when this data relates to the applicant.

Article 9 - Force majeure

The Parties shall not be held liable, or considered to have failed, under the terms hereof, in the event of delay or non-performance, when their cause is linked to a case of force majeure as defined by the case law of the French courts.

Article 10 - Duration, suspension, closure and termination

The GCU are entered into for an indefinite period.

10.1. Closing the Account

10.1.1. At the User's initiative

If the User wishes to close their Account before it has been fully approved via the Customer Advance Knowledge Check, they must contact Customer Services by email at support@lekka.io.

Similarly, if the User has been fully approved, but has not yet chosen their subscription formula or made their first load, they should contact customer service.

In both of these cases, the User is exempt from any cancellation fees.

Beyond this, the User can request to close their Account directly in the Mobile Application. Their Account will be closed within 30 days of the request. The available Balance will be sent to the User's personal bank account, after deduction of the account closure fees as specified in Appendix - Fees and Limits.

No refund of any subscription that may not have been used will be due to the User.

In all cases of account closure requests, an identity check may be requested in order to verify the authenticity of the request with regard to the account holder. For security reasons, proof of destruction of the Card may also be requested.

10.1.2. At Fair-eZone's initiative

Fair-eZone reserves the right to suspend or terminate the Payment Services under the conditions defined in these TOU. Termination at the initiative of Fair-eZone or Paynetics cannot result in any right to compensation.

In the event of serious breaches, fraud, or non-payment on the part of the User, Fair-eZone reserves the right to suspend or terminate the present CGU without prior notice. Termination of the TOS will result in termination of the Paynetics TOS (and vice versa) and consequently closure of the Account.

If the User's Account has an Available Balance of zero or less than the monthly management fee or inactivity fee due as set out in Appendix - Fees and Limits, Fair-eZone may suspend or close the User's Account without notice.

10.2. Restrictions on account closure

The User may not close its Account to evade investigation. If the User attempts to close his or her Account while Fair-eZone or Paynetics is conducting an investigation, Fair-eZone or Paynetics may freeze the Account in order to protect itself.

The User also remains responsible for all obligations related to his or her Account, even after the Account is closed.

Article 11 - Miscellaneous Provisions

11.1. Modification of the Services and the GCU

Fair-eZone may be required to modify the Services and these GCU unilaterally, which the User expressly acknowledges and accepts. The User will be informed of any modification, by any means chosen by Fair-eZone. The User will be able to refuse these modifications by renouncing the use of the Services and/or closing his/her Account in accordance with Article 10 -.

11.2. Independence of contractual stipulations

If any one of the stipulations herein is held to be null and void or without object, it will be deemed unwritten and will not entail the nullity of the other stipulations.

If one or more stipulations herein become null and void or are declared as such pursuant to a law, regulation or following a final decision rendered by a competent court, the other stipulations shall retain their binding force and scope. The stipulations declared null and void will then be replaced by the stipulations that are closest in meaning and scope to the stipulations initially agreed.

11.3. Non-waiver

Waiver of any breach of these GCU shall not constitute waiver of any other subsequent breach, whether identical or different. If any of the stipulations of these GCU were declared null or void by application of a law, regulation or following a final decision by a competent court, it would be deemed unwritten and the other stipulations would retain their force and scope, unless otherwise provided by law.

11.4. Seizure on account

A seizure on the User's Lekka account may be carried out in the following cases:

• In the event of unpaid debts (taxes, fines, canteen fees) to the administration (State, municipality, hospital, ...), the User may be the subject of an Administrative Seizure to a Third Party Holder.
• If the User owes money, he is a debtor. A Saisie Attribution can be made on the User's account to repay the sum (in full or in part).

If Fair-eZone receives a Saisie Administrative à Tiers Détenteur (SATD) notice from the Public Treasury or a Saisie Attribution deed from a Bailiff, Fair-eZone is obliged, on the one hand, to provide the information requested and in particular the balance of the User's Lekka account, and on the other hand, to block the User's account.

If the balance of the User's Lekka account is sufficient, Paynetics will deduct from his account an amount corresponding to the amount due. However, a sum equal to the amount of the unseizable bank balance (SBI) will be left at the User's disposal.

If the User's Lekka account balance is insufficient, a manual processing fee as set out in the Appendix will be charged to the User.

The User also has a period of 15 days in which to provide Paynetics with proof of non-seizable sums (such as medical expense reimbursements, specific solidarity allowances, insertion allowances) that may be credited to his/her Lekka account.

At the end of a period of 15 days following the blocking, if the balance of the account is sufficient, Paynetics will isolate the amount of the debt so that the User can freely use his Lekka account.

For any further information please consult the following links:

• Administrative Seizure to Third Party Holder
• Seizure on bank account

11.5 Assignment of the GTUs

The User acknowledges and accepts that Fair-eZone may freely assign, contribute or transfer, in any form whatsoever, its rights and obligations resulting from the present GTUs to a third party of its choice. The User will be informed of this transfer. If the User objects to this transfer, he/she renounces all use of the Services. The User may not, under any circumstances, transfer or transmit to a third party for consideration or free of charge in any form whatsoever the benefit of the present, without the prior and express agreement of Fair-eZone.

11.6. Agreement of proof

The Users recognise the validity and probative force of electronic mails sent by Fair-eZone, of digitised documents exchanged within the framework of the Services, as well as of all electronic records kept by Fair-eZone or its partners within the framework of the Services. The present agreement has neither the effect nor the purpose of limiting any other means of proof available to the parties.

11.7. Complaints

For all complaints, the User or the Beneficiary is invited to contact Lekka customer service by email: support@lekka.io.

The Fair-eZone company does not receive any customer at its registered office address or at any other address.

No dispute or claim may be reported or settled in person, and no customer may be received physically at the registered office address or at any other address. In fact, any dispute or complaint is settled remotely by Lekka customer service as indicated above.

You should note that Fair-eZone does not respond to anonymous complaints. Each complaint must include at least the following:

• Your name;
• The email address you used to create your account (if different from the one you used to contact us);
• Your telephone number;
• A clear description of the complaint;
• Any documentary evidence to support your complaint.

If the investigation of a complaint requires additional information or documentation, the User must provide this to Fair-eZone without delay.

Fair-eZone will acknowledge receipt of the User's complaint no later than 5 working days after receipt. Fair-eZone will use its best endeavours to resolve the said complaint as soon as possible and at the latest within 15 working days of its submission or completion with the necessary additional information and/or supporting documents provided by the User. In exceptional circumstances, Fair-eZone will do its best to provide a final response to the User within 2 months of the submission or completion of the complaint, with additional information and/or supporting documentation. In this case, Fair-eZone will keep the User informed of the progress of his/her request.

In complex cases where Fair-eZone fails to resolve the User's complaint, if the User is not satisfied with our response or if the complaint is not resolved within a reasonable period of time, the User may contact the Ombudsman according to his/her address of residence:

The Bulgarian Conciliation Commission on Payment Disputes may be contacted in one of the following ways:

• By mail: send the complaint to: 1 Vrabcha Str, fl. 4, 1000, Sofia, Bulgaria;
• By telephone: +359 2 933 05 77;
• By fax: +359 2 988 42 18;

The website of the Bulgarian Conciliation Commission on Disputes is: https://abanksb.bg/pkps/pkps-contacts-En.html

The user may contact the Financial Ombudsman Service for dispute resolution:

• By post: address the complaint to Financial Ombudsman Services, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom;
• By telephone: 0845 080 1800;

The Financial Ombudsman Service website is: www.financial-ombudsman.org.uk.

Fair-eZone maintains a complaints register and we record each complaint received in accordance with regulatory requirements.

Article 12 - Restricted activities

12.1. Activities

The User, when using Lekka, or when interacting with Paynetics, Lekka, other users or third parties, shall not:

1. Infringe these TOU, or any other agreement or policy it has with Lekka, Paynetics, the Account provider or a card processor;
2. Violate any law, statute, ordinance or regulation;
3. Use Lekka to buy or sell, or to facilitate the purchase or sale of, illegal goods or services, including, but not limited to: illegal sexual materials or services, counterfeit goods, illegal gambling activities, fraud, money laundering, financing terrorist organizations, or the illegal purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances ;
4. Infringe the copyrights, patents, trademarks, trade secrets, or other intellectual property rights of Lekka or any other third party, or rights of publicity or privacy;
5. Provide false, inaccurate, or misleading information;
6. Instruct Fair-eZone to send or receive on its behalf what Fair-eZone reasonably believes to be potentially fraudulent funds;
7. Refusing to cooperate with an investigation or to provide confirmation of his identity or any information he provides to Fair-eZone;
8. Attempting to "double" in the course of a dispute, chargeback, reversal or other investigation, where "doubling" is defined as intentionally or knowingly receiving or attempting to receive funds from both Lekka and a merchant or Paynetics for the same transaction ;
9. Controlling an Account that is linked to another Account that has engaged in any of these restricted activities;
10. Conducting its business or using Lekka in a manner that may result in or cause complaints, disputes, cancellations, chargebacks, fees, fines, penalties or other liability to Lekka, other Users, third parties or itself;
11. Use your Account or Lekka in a manner that Paynetics, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably considers to be an abuse of the card system or a violation of the rules of the card association or network;
12. Let your Account show a negative balance;
13. Taking any action that imposes an unreasonable or disproportionately large load on Fair-eZone's infrastructure; facilitating any virus, Trojan horse, worm or other computer programming routine that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information ; use an anonymous proxy; use any robot, spider, other automatic device or manual process to monitor or copy the Site without Fair-eZone's prior written permission; or interfere or attempt to interfere with the Lekka services ;
14. Take any action that may cause Fair-eZone to lose the services of its Internet service providers, payment processors or other providers;
15. Circumvent any policy or decision of Lekka regarding its Account, such as temporary or indefinite suspension or any other withholding, limitation or restriction regarding the Account, including, but not limited to, the following actions: Attempting to create a new or additional Account when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Accounts using information that is not his or her own (e.g., name, address, email address, etc.). name, address, e-mail address, etc.); or use someone else's Account;
16. Refuse to cooperate with an investigation or provide confirmation of his identity or any information he provides; or
17. Use the Lekka Card in a manner that Fair-eZone believes may constitute a violation of the rules applicable to electronic payment networks, card association or network rules, or applicable law.
18. Use the Lekka Card to trade currencies for speculative purposes or for currency arbitrage.
19. If an Account is used to conduct (or attempt to conduct) transactions that, in the opinion
    Fair-eZone, are not permitted by these TOU (such as any of the activities described above) or by applicable law, Fair-eZone may, in its sole discretion and without waiving any of its rights, freeze, close, suspend, terminate or limit access to the Lekka Services. Fair-eZone reserves the right to refuse to facilitate any transaction.

12.2. Actions

If Fair-eZone or Paynetics believe, in their sole discretion, that the User has engaged in restricted activities in connection with supporting the provision of payment services by Paynetics, they may take various actions to protect themselves, other users, other third parties or protect the User from liability. Measures that Fair-eZone or Paynetics may take include:

1. Closing, suspending or limiting the User's access to their Account or Lekka services (for example by limiting access to any of the payment methods and/or the User's ability to send money, make withdrawals or delete financial information).
2. Contact users who have transacted with the User, contact the User's bank or debit card issuer, and/or notify other users, law enforcement or third parties concerned by the User's actions;
3. Update inaccurate information that has been provided to them;
4. Refuse to provide the User with Lekka Services in the future ;
5. Take legal action against the User; and
6. Reserve the right, at their sole discretion, to terminate these Terms of Use, access to the Site or access to the Lekka Services, for any reason and at any time, after notifying the User.

Article 13 - Applicable law and competent jurisdiction

The GTUs are subject to French law and any dispute between the Parties in respect thereof shall be submitted to the jurisdiction of the competent French courts.

Appendix - Definitions

Lekka: refers to the Mobile Application developed by Fair-eZone that allows users to access everyday banking services.

Fair-eZone: refers to the French company that developed and owns the Lekka Mobile Application. It is the distributor of Lekka Cards.

Mobile Application: mobile application named Lekka that can be downloaded free of charge from the App store or Google Play and enables Users to access Payment Services.

Electronic Money: monetary value recorded in the User's Account upon receipt of funds on his/her behalf, equal to the amount of funds received.

Beneficiary: an individual or legal entity acting on its behalf, designated by the User and to whose benefit the Electronic Currency is transferred as part of an Electronic Currency Sending Transaction.

CGU: the present General Terms of Use, forming a contract between Users and Fair-eZone concerning the use of the Site, the Mobile Application and the Services, supplemented by the Paynetics GTCs and any other document expressly referred to herein.

Card(s) or Lekka Card(s): Visa debit card distributed by Fair-eZone, issued by Paynetics and attached to the User's Account. These cards can be virtual or physical and can be used to spend the Available Balance wherever Visa cards are accepted.

Account : the User's personal and secure space, to which he/she has access with his/her Identifiers and on which he/she can fill in his/her personal information. When the User is fully approved by Fair-eZone, this Account is associated with a data account opened in the books of Paynetics on which the Available Balance, the Operations data as well as other operations are recorded.

Paynetics GTC or Paynetics Cardholder Terms and Conditions:refers to the Terms and Conditions of the issuer of Lekka Cards. By accepting these T&Cs, the User acknowledges adhering to the Paynetics T&Cs and having a direct contractual relationship with Paynetics which govern the use of the Payment Services made available via the website and mobile Application for the purposes of Transactions.

European Economic Area (EEA): member states of the European Union (EU) plus Iceland, Liechtenstein and Norway.

IBAN: International bank account number that identifies bank accounts for international payments.

Identifiers: personal and confidential identifiers consisting of a valid email address of the User associated with a password and/or security code.

Transactions : Direct debit, Withdrawal from a cash dispenser, Payment or sending of Electronic Money via one of the Money Sending Services.

Payment : Payment for goods or services using the Lekka Card.

Direct Debit: automated payment system set up between the User holding an Account and Fair-eZone, through Paynetics, and which allows payments to be sent to institutions by virtue of the direct debit mandate that the User has given to the institution which manages the frequency and amount of each payment.

Paynetics: refers to Paynetics AD, the issuer of the Lekka Card and Fair-eZone's payment services provider. Paynetics is registered in Bulgaria under company registration number 12481335. Registered office: 76A James Bourchier, Sofia, Bulgaria.

Lekka to Bank Service: service whereby the User instructs to send Electronic Currency from an Account to a bank account via SEPA Transfer or GBP Transfer.

Lekka Transfer Service: service whereby the User instructs to send Electronic Currency from an Account to another Account.

Services: all services developed and made available by Fair-eZone: the Website, the Lekka mobile Application giving access to the Payment Services under the conditions specified herein and in particular in Article 2 - The Services, above.

Payment Services: means all the services distributed to Users by Fair-eZone, which includes:

• Services enabling the withdrawal of cash from a payment account and all the operations required to operate a payment account;
• The execution of payment transactions, including the execution of bank transfers and the execution of payment transactions by means of a payment card.

Sending Money Services: all services for sending Electronic Money developed and made available by Fair-eZone via the Lekka mobile Application under the conditions specified herein and in particular in article 2.7. The Money Sending Services above.

Available Balance: Amount of Electronic Money made available to the User that has not yet been spent or refunded.

Site : website accessible by Users at the URL www.lekka.io, presenting the Services and inviting Users to download the Mobile Application.

Applicable exchange rate: Exchange rate available on https://www.visa.fr/aide-visa/consommateur/services-de-voyage-visa/exchange-rate-calculator.html.

User: any natural person aged over 18, resident in one of the countries of the European Economic Area (EEA), or in the United Kingdom, and enjoying full legal capacity, using the Lekka Mobile Application and/or subscribing to the Services.

Preliminary customer knowledge check: process that Fair-eZone is obliged to apply to verify the identity of its Users.

SEPA transfer: service by which the User instructs to send Euros to a bank account located in the Single Euro Payments Area (SEPA), with indication of the IBAN of the recipient of the funds.

GBP Transfer: service whereby the User gives instructions to send Pounds Sterling from a bank account denominated in Pounds Sterling to another bank account also denominated in Pounds Sterling, providing in particular the full account number of the recipient of the funds.