Introduction

These Terms of Use (the “ToU”) lay down the terms of use under which Fair-eZone, a French Simplified Joint Stock Company (“Société par actions simplifiée”) registered in Tours, France under no. 800 845 323; registered address: 27 rue Mansart 37300 Joué-lès-Tours, France, makes the Mobile Application (“Lekka”) and related application services (together referred to as the “Services”) available to the Users, as well as the Parties’ mutual obligations in that context. The Website is a public information site and does not provide access to the User’s account.

It should be noted that Lekka is a digital service provided exclusively online, without any branch or office, and that Fair-eZone does not receive any customers at its head office address or at any other address.

The Users shall therefore be deemed to have accepted these ToU in full, without reservations, prior to any registration for or use of the Mobile Application and related application services.

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

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

The Lekka Accounts and Cards solution is operated by our partner, Paynetics. The payment account, Lekka Card, and all related payment services are issued and provided exclusively by Paynetics and are governed by the Paynetics Terms and Conditions, available here, which the Users undertake to accept prior to using those payment services. These ToU do not govern those payment services, their provision, safeguarding, payment-related fees, refunds, chargebacks or other payment-related rights and obligations. Should the Users not accept these Terms of Use, they must refrain from registering for or using the Mobile Application and related application services.

The Users may procure a copy of these contractual documents at any point in time and at no cost by accessing the Mobile Application or the Website.

Any terms beginning with a capital letter in these ToU shall have the meaning that is imparted to them in the “Definitions” Appendix.

Article 1 – Terms of access to the Services

1.1. Terms of access to the Services

The Users must be natural persons who are aged over 18 and reside in one of the countries of the European Economic Area (EEA); they must have full legal capacity and must only use the Services on their own behalf and for personal purposes.

Any Users who do not comply with the abovementioned prerequisites may not use the Services, whether wholly or partly. In case of a false declaration, the Users moreover acknowledge that they run the risk of a unilateral rescission of these ToU by Fair-eZone, and consequently, the suspension or termination of their access to the Mobile Application and related application services, notwithstanding the civil remedies or criminal punishments that they may also face as a result.

The Users are hereby informed that the payment services accessible via the Mobile Application are governed by the Cardholder Terms and Conditions of Paynetics, which implies their prior acceptance of the Paynetics T&Cs.

The Users acknowledge and agree that Paynetics set additional preconditions essential for the use of the Payment Services, which they must review carefully before use.

1.2. Registration

In order to register, the Users should enter their profile by providing their first name, family name, title, date of birth, country and place of birth, nationalities, telephone no., Identifiers (email address, password, and security code), country of residence, full address and default currency.

The payment account currency is exclusively Euro (EUR).

The Users must then produce an identity document, complete a liveness and face-match check by having their face photographed (biometric verifications that confirm the authenticity of a person's identity in real time and compare their face with a reference photo) and provide proof of address. Then, they will be asked to complete their registration with personal information, such as occupation, and financial information, then choose a subscription formula. This information may be collected by Fair-eZone and its KYC provider and transmitted to Paynetics where required for onboarding, compliance support and access to services made available through the Mobile Application by Paynetics. When collecting the above-mentioned data and documents, Fair e-Zone acts as an agent of Paynetics AD for the territory of France and subcontractor for the rest of the EU/EEA member states, and as a data processor of Paynetics AD.

Once the Users are fully approved, they may be invited to fund the payment account opened by Paynetics.

1.3. Customer Due Diligence

As part of onboarding, compliance and fraud-prevention processes, Fair-eZone may verify the identity of its Users and the address where they reside. To that end, the documents provided by the User shall be inspected to ascertain their authenticity and validity. Access to payment services may only be made available once the User has been fully approved in accordance with the applicable onboarding process and the Paynetics T&Cs.

The User undertakes to inform Lekka of any changes to their personal data. To that end, they undertake to update their personal information as soon as possible in case of a change of postal address, email address or telephone no.

Any Users who fail to comply with these prerequisites run risk that the following may happen, without any compensation whatsoever being due:

• They may be not approved or barred from using the Payment Services,
• They may only use the Payment Services in a limited manner,
• Their Transactions may be rejected or cancelled automatically.

1.4. Subscription

The Lekka Service is available on a monthly or yearly subscription. This subscription includes the transaction fees for payment services provided through the Lekka app. The various subscription formulas are presented in the “Tariffs” Appendix to Paynetics Cardholder Agreement – Consumers (Paynetics GT&Cs) and feature specific usage fees and limitations.

Where the Users choose a fee-paying subscription formula, the corresponding costs shall be debited from their Available Balance on the first day of their subscription to the new formula they chose, and shall be valid for the chosen duration. The Users shall be billed automatically on the anniversary date of each subscription period (monthly or yearly) for the fees applicable to the next period. In order to avoid these fees being billed to them at that point, Users may switch from a fee-paying subscription to the free subscription formula prior to the renewal date.

Users who switch from a fee-paying subscription formula to a free subscription formula at a time when the current subscription period has not yet ended shall continue to benefit from the services of the fee-paying formula until the end of the period for which they paid their subscription.

Should any Users fail to pay the fees associated with a fee-paying subscription, their fee-paying subscription formula shall be rescinded and they shall be switched onto the free subscription formula, in keeping with the terms that are set out below.

When the time comes to debit the fee that is due for a User’s fee-paying subscription, should the Available Balance be insufficient to cover the corresponding fee, the User shall be invited to ensure that their Available Balance is sufficient as soon as possible. Users whose Available Balance is not sufficient on the date on which the fee is due to be debited shall be automatically switched from their fee-paying subscription to the free subscription formula. Users shall have to ensure that their Available Balance is sufficient in order to be able to once again subscribe to a fee-paying subscription formula.

Article 2 – The Services

The payment services described below can only be activated if the Users have transmitted the information required for Customer Due Diligence and if they have been approved in accordance with the applicable onboarding process and the Paynetics T&Cs. Fair-eZone and its KYC provider will store all these documents and information provided by the Users, in line with applicable data retention rules and the General Data Protection Regulation (GDPR). The descriptions below explain functions accessible through the Mobile Application; they do not replace, prevail or amend the Paynetics T&Cs. In case of any discrepancies or inconsistencies between these Terms of Use and Paynetics GT&Cs, the latter shall prevail.

2.1. The Lekka Account and Card

2.1.1. The Lekka Account

Once a User is fully approved, Paynetics shall open and maintain an Account for them and an account number shall be allocated to that Account.

The allocated account number is an IBAN. It enables Users to receive incoming transfers (credit the Account) and to perform outgoing transfers (debit the Account) from/to a bank account that is external to Lekka.

Once the Account has been opened by Paynetics, the Users may make an initial funding of it (see Article 2.3).

The first funding must strictly be made by bank transfer from an account that is mandatorily held in the User’s name with another bank or European financial institution.

2.1.2. The Lekka Cards

Once the first funding has been made, the User may:

• ask for a virtual Card, which can be used for online payments. Apple Pay and Google Pay (when available) also allow the virtual card to be used as a payment method in stores.
• order a physical Card. The plastic Lekka Card is a Visa Debit card, with the contactless payment option enabled by default (the contactless payment option can be manually deactivated, as explained below in paragraph c), usable at all card acceptance terminal devices displaying the Visa logo and supporting the necessary functions..

Both Cards are Visa debit cards and can be used until the last day of the month indicated on the Card or in the Lekka app.

The Lekka Card is not a credit card and is not issued by a bank. The Available Balance on your Account does not constitute a deposit and, consequently, does not bear interest. Any reference to the EUR currency denotes the amount in this currency or its equivalent in the currency of the country in which the Card is denominated.

Any Transaction using the Lekka Card in a currency other than that in which the Card is denominated shall require a foreign exchange Transaction to be performed at the Applicable Exchange Rate.

a. Ordering a Lekka Card

Users should order their Lekka Card via the Mobile Application.

The virtual Card is available in the Lekka app as soon as it is ordered.

The physical Card shall be sent out to the address declared by the User. It must be activated before its first use as mentioned in the section b.

The Lekka Cards may be offered free of charge or at the rate indicated in the “Tariffs” Appendix, depending on the conditions displayed on the Website.

b. Activating the Lekka physical Card

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

Upon receipt of the Lekka physical Card, the User must activate it by entering the “CH-ID/ # token” code printed on the back of the Card into the Mobile Application. 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. Should a User forget their PIN code, they may retrieve it free of charge from the application.

Activation of the physical Card via the Mobile Application is free of charge.

c. To deactivate the contactless payment option

After activating their physical Card, the Users may deactivate the contactless payment option of their Card directly via the Mobile Application.

d. Locking/unlocking the Lekka Cards

The Users may lock or unlock their Lekka Cards when needed. This can be done directly in the Mobile Application.

e. Reporting the Lekka Card as lost or stolen

In case of loss or theft of their Lekka Card, or should Users believe that someone else is using their Card, their PIN code and/or their Identifiers, or in case of damage to or malfunction of their Card, the Users:

• Should initially lock their Card as mentioned in the section d, and then unlock it if they find it or if their concerns about an unauthorised use thereof are allayed;
• Failing this, they must declare their Card as lost or stolen in the Mobile Application and permanently deactivate it;
• They may inform customer service of the theft or loss of their Card at the following email address: support@lekka.io.

The Mobile Application not only allows you to permanently deactivate a lost or stolen Card, but also to order a new Lekka Card which will then be sent to the address declared by the User.

The procedure for managing the loss or theft of Cards and their replacement with a new Lekka Card is subject to the payment of the fees mentioned in the “Tariffs” Appendix.

Should Users subsequently find or recover a Card that they reported as lost, stolen or misused, they must destroy it immediately by cutting it in two through the magnetic strip and the chip and should inform Fair-eZone.

If the User's Card has been used by an unauthorised person, the User may contact customer service for assistance. The handling of disputes, refunds or chargebacks relating to the Card is governed by the Paynetics T&Cs.

Fair-eZone shall assist Users in submitting the relevant request pertaining to the card service to Paynetics when applicable .

f. Changing the PIN code

It is possible to change the PIN code in any ATM cash machine with this functionality.

A change of PIN code may be subject to fees, as set out in the “Tariffs” Appendix.

g. Retrieving a PIN code via the Mobile Application

Users who forget their PIN code may retrieve it via the Mobile Application.

h. Renewal of the Lekka Card

Any expiring Lekka Card may be renewed. Users with an expiring plastic Card will be notified by email. Users must then confirm or change their postal address for the shipment of the new plastic Card, if they decide to order a new one, and pay the renewal fee set forth in the “Tariffs” Appendix.

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

2.2. Viewing the Available Balance

The Users may view their Available Balance free of charge in real time via the Mobile Application.

The real-time balance may not take into account pending debits. Despite this, Lekka will provide you with information on pending debits as soon as it becomes available.

2.3. Funding the Account

The funding of their Accounts may cause the Users to incur fees, and is subject to limits as set out in the “Tariffs” Appendix.

To fund their Account with Money, the Users may use the following methods:

• Either by making a SEPA transfer from another bank account in EEA in EUR to their Lekka account no.

The first wire in must strictly be made by bank transfer from an account that is mandatorily held in the User’s name with another bank or European financial institution.

The User’s Account shall be credited in keeping with the terms laid down in the Paynetics T&Cs, minus any fees that may be due.

• Or, by making a payment using another payment card of which they are the holder. In this case, the User’s Account shall be credited with the amount paid.

Any fees associated with the payment are always included in the amount paid. The User may choose to either add these fees to the amount they wish to credit to their Account or simply deduct them from the credited amount.

Fair-eZone shall not be liable for the payment process or the costs charged by the customer’s bank(s) and/or the intermediary bank(s) to make the payments that they make to fund their Account. Users should check and confirm the payment references, and the costs and fees charged before making a payment into their Account.

Fair-eZone may request on behalf of Paynetics that Users provide evidence of the source of the funds to comply with its regulatory obligations; should this be the case, the Users undertake to immediately provide the evidence that is requested. The Users represent and warrant that the evidence that they provide shall be up-to-date, complete and accurate.

2.4. Direct Debits

The Direct Debit function is not available with a Lekka account.

2.5. Withdrawing cash

The Users may use their Lekka physical Card in any ATM to withdraw cash. The withdrawal will be subject to an immediate check of the Available Balance and will be declined if the requested amount exceeds the Available Balance.

A cash withdrawal is a Transaction that may be subject to fees depending on the subscription formula taken out by the User, as mentioned in the “Tariffs” Appendix.

Fees may be billed to the Users for any withdrawal that is rejected owing to an insufficient Available Balance, as set out under the “ATM withdrawal decline fee” section of the “Tariffs” Appendix.

2.6. Payments

Payments for goods or services may be made using the Lekka Card or via outgoing bank transfers (SEPA Transfers).

The Lekka Card may be used to make online payments within the limits mentioned in the “Tariffs” Appendix on any site that accepts Visa payments or at any physical point of sale that accepts Visa cards:

• For all online payments, the 3D Secure option shall be activated. Please note that on certain websites, the CVV alone is sufficient to authorise a transaction.
• For payments at a physical point of sale:
  • Contactless payment without using a PIN code may be made to the extent of the caps imposed by the prevailing regulations, provided that the contactless payment option is activated and the merchant accepts contactless payments.
  • In all other cases, the Users must enter their PIN code to confirm a payment.

Prior to making any Payment, the Users must check that they have a sufficient Available Balance to pay for the Transaction and for the related fees and costs. If for any particular reason a Transaction is processed but its amount exceeds the Available Balance, the User involved must immediately pay the excess; in the meantime, the Transaction may be declined or blocked in accordance with the Paynetics T&Cs.

Fees may be billed to the Users for any attempted payment that is rejected owing to an insufficient Available Balance, as set out under the “POS Payment decline fee” section in the “Tariffs” Appendix.

2.7. The Money Transfer Services

For each of the Money Transfer Services detailed below, the User must enter at least the Beneficiary’s information, the purpose of the transfer, and the amount to be sent. These details may be analysed as part of anti-money laundering, financing terrorism and fraud prevention measures.

Each Money Transfer Service requires the User's explicit validation to confirm the payment by entering their security code.

2.7.1. The Lekka to Bank service

This function allows Users to instruct the sending of money to an external payment account. SEPA Transfers are money Transfer Services in EUR issued by a User to the payment account of a Beneficiary that is a natural or legal person, in the SEPA zone.

Users may use SEPA Transfers to withdraw money from their Account and transfer it to their own bank/payment account held on the books of another bank/financial institution.

a. SEPA Transfers

This is the transfer method available when the source Account currency is in euros (EUR). The money transfer is made to the Beneficiary’s account in euros as well.

To identify the Beneficiary (or themselves if withdrawing money from their Account to their personal bank account), Users who issue a SEPA Transfer must state at least the account holder’s name, their postal address, the BIC/SWIFT code of the Beneficiary’s bank and the IBAN code of the Beneficiary’s account.

Then, the Users must key in the amount to be sent, and the purpose of the transfer.

SEPA Transfers may be subject to limits and fees as set out in the “Tariffs” Appendix.

2.7.2. The Lekka Transfer Service

This function allows Users to instruct the sending of money between Lekka Users.

Both the Users who send money and the Beneficiaries of the transfers must be Lekka Users and must be fully approved by Paynetics and Fair-eZone. The Beneficiaries must moreover be natural persons.

To identify a Beneficiary among the list of existing Lekka Users, Users who issue a Lekka transfer must state the telephone no. or e-mail address of the Beneficiary involved. Should the Beneficiary not yet be listed as a Lekka User, the issuing User may ask the Beneficiary to register for Lekka (see Article 2.7.4.).

Then, the Users must key in the amount to be sent, and the purpose of the transfer.

Lekka Transfers are subject to fees charged to the Users who issue such transfers, depending on the subscription formula that they shall have taken out, as set out in the “Tariffs” Appendix.

2.7.3. The Lekka to World Service

This function allows Users to send money directly to a Beneficiary’s Visa card.

To identify the Beneficiary, Users must provide at least the Beneficiary’s full name, birth date, country of nationality and card number. Once the card number is verified to be eligible for this service, the default currency of the card determines the currency in which the funds will be received.

Users must then enter either the amount to be sent or the amount to be received, as well as the purpose of the transfer.

Additional information regarding the Beneficiary and the transfer details may be subject to analysis as part of anti-money laundering and anti-fraud controls.

Lekka to World Transfers are subject to fees as outlined in the “Tariffs” Appendix. The applicable fees are calculated based on the country and currency of the Beneficiary’s card and are displayed in full before the User confirms the transaction.

2.8. Sponsorship scheme

Lekka operates a sponsorship scheme under which existing Users (the “Sponsors”) may invite one or more persons who are not yet Users (the “Sponsored”). The principle of the sponsorship arrangement is to offer the Sponsor and Sponsored promotional benefits as part of their use of the Lekka Services.

The details of the benefits offered shall be defined prior to the launch of a sponsorship campaign published on the Website and disclosed to existing Users.

2.9. Account statements

The User can view their account statements in PDF format directly in the Mobile Application and send them to their own email address, if desired. We recommend that the User keep their account statements in PDF format for a minimum period of five years, in order to be able to consult them if needed.

2.10. Limitations of the Services

Limitations may be imposed on the Users’ Transactions depending on the subscription formula that is chosen and the ways in which the Users use their Accounts. Lekka Accounts and Cards are issued in accordance with all applicable regulations and limitations. The limitations that apply to the use of the Lekka Accounts and Cards are set out in the “Tariffs” Appendix and on the Website. For the purpose of the prevention of fraud and money laundering and financing terrorism, Paynetics may apply, request or display certain restrictions without notice to the extent required to support compliance with applicable statutory obligations or regulator`s instructions.

2.11. Security and confidentiality

Fair-eZone undertakes to protect its services in keeping with the applicable rules and regulations and the highest standards of the profession. For instance, Fair-eZone shall do everything in its power to ensure the security and the confidentiality of the Users’ data, in accordance with the prevailing rules and regulations.

Fair-eZone shall be entitled to temporarily suspend access to the Mobile Application or to related application services for technical reasons, or for reasons of security or maintenance, without these suspensions giving rise to any compensation. Fair-eZone undertakes to limit these interruptions to what is strictly necessary.

The Users are fully aware of the risks linked to the loss or theft of their Identifiers, the piracy of their equipment or any other fraudulent activities that might enable unauthorised access to their Lekka profile and to the features available in the Mobile Application. Fair-eZone therefore disclaims liability towards the Users for any errors, omissions, interruptions or delays of actions performed via the Mobile Application as a result of an unauthorised access. Neither may Fair-eZone be held liable for the theft, destruction or unauthorised disclosure of data resulting from an unauthorised access to the Website or the Mobile Application.

The User agrees to notify Fair-eZone immediately of any unauthorized use of their login credentials or any other security breach through the Mobile Application. They may also inform customer service at the following address: support@lekka.io.

All payment transactions made from the Lekka Application are authorised through a strong authentication system, ensuring that only the legitimate holder of the Lekka Account, using their registered phone, can validate these transactions.

If the User provides their mobile phone or access credentials to the Lekka services to a third party, if a third party uses the User's login credentials, or if the User negligently makes their mobile phone or access credentials available to a third party who then uses them, the User will be liable for any use or misuse of the Mobile Application until Fair-eZone has been notified otherwise. Any liability for payment transactions is governed by the Paynetics T&Cs. Fair-eZone may ask the User to change their Lekka Services access credentials. Matters regarding unauthorized transactions are governed by the Paynetics T&Cs.

Article 3 – Protection of the funds

The protection, safeguarding, segregation or ring-fencing of funds corresponding to the User's Available Balance is governed by the Paynetics T&Cs. Fair-eZone does not hold User funds as its own funds.

Article 4 – Right to withdraw

In respect of the Fair-eZone application services governed by these ToU, the Users have a period of 14 (fourteen) days to exercise any applicable right of withdrawal from a paid subscription, where available under applicable law and subject to any use already made of the service. Any withdrawal, redemption, refund or termination right relating to payment services is governed by the Paynetics T&Cs.

Article 5 – Liability

Fair-eZone shall only be liable to the User for direct, material and foreseeable damages related to accessing the Site and the provision of the Mobile Application, according to common law rules.

The Users acknowledge that Fair-eZone shall not be liable in any way in case of:

• Losses or damage resulting from the Users’ non-compliance with these ToU or the Paynetics T&Cs,
• Inaccuracy of the identification data of the Users or of the Beneficiaries as disclosed to Fair-eZone by the Users,
• Losses or damage resulting from the acts of a User and/or of a third party and/or from force majeure,
• Losses or damage resulting from any other event beyond Fair-eZone’s control,
• Any unilateral rescission of the Services by Fair-eZone.

Fair-eZone shall not be involved in any way in the legal and/or commercial relationships and the disputes between the Beneficiary and the User.

The Users are reminded that access to the Mobile Application and related application services shall be conditional upon their providing to Fair-eZone identification data about them that is accurate and up-to-date. In case of a false declaration upon registration or thereafter, the Users hereby acknowledge that they run the risk of a unilateral rescission of these ToU by Fair-eZone, and consequently, the suspension or termination of their access to the Mobile Application and related application services, notwithstanding the civil remedies or criminal punishments that they may face as a result.

Article 6 – Intellectual property

All the elements of the Website and the Mobile Application belong to Fair-eZone or are operated under license by Fair-eZone.

Fair-eZone and its partners respectively own all the rights, such as all the intellectual property rights, over all the elements that they provide to the Users as part of the Website and the Services.

The Users are hereby informed that any full or partial showing or reproduction of the Website by any process without the express authorisation of Fair-eZone is strictly prohibited.

“Lekka” is a registered trademark of Fair-eZone.

“Visa” is a registered trademark of Visa International Service Association.

“Paynetics” is a registered trademark of Paynetics AD.

Article 7 – Personal data

“Personal data” shall mean any information concerning a User that is obtained directly via the Website, the Mobile Application or, where relevant, through Paynetics, including identification information and information required for onboarding, application services and customer support.

Fair-eZone, in its capacity as data controller, may gather and process the Users’ personal data for the purposes of providing the Services.

As outlined above, when Fair e-Zone acts as an agent of Paynetics AD for the territory of France anc subcontractor for the rest of the EEA, in relation to the facilitation and provision of Paynetics payment services through the Mobile Application, Fair e-Zone, collects, stores and processes Users` personal data, including identification data, on behalf of Paynetics in the capacity of a data processor.

In accordance with France’s data protection law no. 78-17 of 6 January 1978, as modified subsequently, and the European GDPR Regulation no. 2016/679/EU of 27 April 2016, the Users have the following rights over their personal data, in keeping with the terms laid down by the applicable regulations: a right to access the data, a right to rectify the data, a right to oppose the processing of the data, a right to request the erasure of the data, a right to limit the processing of the data and a right to request the portability of the data.

The Users may exercise their rights at any point in time by sending:

• Either an e-mail 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.

Additional information about the processing of personal data as part of these ToU and about the Users’ rights is available in the privacy policy of Fair-eZone (accessible on the Website).

Article 8 – Prevention of money laundering and financing of terrorism

In the course of providing onboarding, compliance support and application services, Fair-eZone acting as an agent of Paynetics AD for the territory of France and subcontractor for the rest of the EEA, in relation to the facilitation and provision of Paynetics payment services through the Mobile Application, is subject to vigilance obligations for the purpose of preventing money laundering and terrorism financing. Fair-eZone may therefore have to ask the Users for additional information, at any point in time, in that context.

No prosecution or civil liability action may be brought against Fair-eZone, its directors or employees, who have carried out the due diligence required in accordance with the regulations.

The Users are informed that certain Transactions may be subject to controls as part of anti-money laundering and financing terrorism. In accordance with regulations, access to information related to these controls may be restricted if its disclosure could compromise the purpose of these measures.

Article 9 – Force majeure

The Parties shall not be held liable, or deemed to have violated these ToU, in case of a delay or non-performance of their obligations, if the cause is due to circumstances of force majeure defined, according to article 1218 of the French Civil Code, as an unforeseeable, unavoidable event beyond the debtor's control, suspending or terminating the contract depending on the nature of the impediment.

Article 10 – Duration, suspension of access and rescission

The contract framed by these ToU is hereby formed for an open-ended term.

10.1. Termination of the ToU

10.1.1. At the Users’ initiative

Any Users wishing to terminate these ToU, close their Lekka application profile or delete their access to the Mobile Application before they have been fully approved pursuant to the Customer Due Diligence, should contact Customer Service by sending an e-mail to support@lekka.io.

After that, Users may request termination of these ToU or closure of their Lekka application profile directly within the Mobile Application, where this functionality is available. Any closure of a payment account or redemption of funds is governed exclusively by the Paynetics T&Cs.

In both these cases, the Users shall be dispensed from paying any account closure fees.

The Users shall not be entitled to the reimbursement of any subscription costs that they may already have used up.

In all cases, an identity check may be requested to verify the authenticity of the request.

10.1.2. At Fair-eZone’s initiative

Fair-eZone shall be entitled to suspend access to or rescind the Mobile Application and related application services in keeping with the terms that are set out in these ToU. A rescission at the initiative of Fair-eZone shall not give rise to any right to compensation.

In the event of serious breaches, fraud, misuse of the Mobile Application or unpaid subscription fees, Fair-eZone shall be entitled to suspend or to rescind these ToU without notice. Any effect on the payment account or payment services is governed by the Paynetics T&Cs.

If applicable fees due to Fair-eZone cannot be collected, Fair-eZone may suspend or rescind access to the Mobile Application and related application services without notice.

The termination of User`s agreement with Paynetics (Paynetics GT&Cs) shall result in the automatic terminaton of these ToU as well.

Article 11 – Miscellaneous provisions

11.1. Effect of termination

Termination of these ToU shall not affect any rights, obligations or liabilities that accrued before the effective date of termination.

11.2. Modification of the Services and of the ToU

The Users expressly acknowledge and accept the fact that Fair-eZone may have to modify the Services and these ToU unilaterally. The Users shall be informed about any such modification by any means chosen by Fair-eZone. The Users may reject these modifications by opting to stop using the Mobile Application and related application services, and by terminating these ToU in accordance with Article 10.

11.3. Severability

Should any of the provisions of these ToU be deemed to be null and void, it shall be deemed to have been struck out and this shall not lead to the annulment of the other provisions.

Should one or more provisions of these ToU become null and void or be declared as such in application of a law, or a regulation or pursuant to a final ruling of a court or authority that has jurisdiction, the other provisions shall continue to be fully binding upon the Parties. The provisions that are declared null and void shall then be replaced by provisions that are as close as possible to the essence and purpose of the provisions initially agreed upon by the Parties.

11.4. Lack of waiver

Should either Party fail to avail itself of any violation of these ToU, this shall not be tantamount to a waiver of the right to avail themselves of any other subsequent identical or different violation. Should any of the provisions of these ToU be declared null and void by the application of a law, a regulation or pursuant to a final ruling by a court or authority that has jurisdiction, it shall be struck out and the other provisions shall retain their scope and ambit, unless the law provides otherwise.

11.5. Assignment of the contract

The Users acknowledge and agree that Fair-eZone may freely transfer, vest or assign its rights and obligations arising from these ToU in any form whatsoever to any third party of its choosing. The Users shall be informed about this assignment. Should any Users be opposed to this assignment, they should stop using the Services. The Users may not under any circumstance transfer or assign their rights and obligations under these ToU to a third party whether free of charge or in return for consideration, in any form whatsoever, without first securing the express consent of Fair-eZone.

11.6. Agreement over what constitutes valid evidence

The Users hereby acknowledge the validity and the evidential value of the electronic messages sent by Fair-eZone, the digitised documents exchanged as part of the Services, and any electronic records kept by Fair-eZone or its partners as part of the Services. This contract is neither designed to nor shall result in limiting any other form of evidence at the Parties’ disposal.

11.7. Claims

Should the Users have any complaints or wish to make any claims relating to the Mobile Application or application services, they should contact Lekka Customer Service by e-mail: support@lekka.io. Complaints relating to payment services are governed by the Paynetics T&Cs, although Fair-eZone may assist by forwarding or supporting such requests where appropriate.

Fair-eZone does not receive any client at its head office address, nor at any other address.

No dispute or claim can be reported or settled in person, and no customer can be received physically at the head office address or at any other address. All disputes or claims are handled remotely by the Lekka customer service, as stated above.

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

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

If reviewing a complaint requires additional information or documents, the User must provide them to Fair-eZone without delay.

Fair-eZone will acknowledge receipt of User’s complaint no later than 5 working days after receipt. Fair-eZone will do its utmost to resolve User’s complaint without undue delay and no later than 15 working days from its submission or completion with the necessary additional information and/or supporting documentation provided by the User. In exceptional circumstances, Fair-eZone will do its best to provide the User with a final response within 2 months of submission or completion with additional information and/or supporting documentation. In such cases, Fair-eZone will keep the User informed of the progress of his request.

In complex cases where Fair-eZone is unable 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 timeframe, and provided that the complaint relates to the Mobile Application or application services provided by Fair-eZone, the User may contact Fair-eZone at legal@fair-ezone.com to obtain information on the applicable consumer mediation process.

For complaints and disputes relating to Paynetics` payment services, please refer to the relevant provisions of Paynetics GT&Cs, which shall apply in such cases.

Fair-eZone maintains a complaints log and records each complaint received in accordance with regulatory requirements.

Article 12 – Restricted Activities

12.1. Activities

User, in connection with their use of Lekka, or in the course of their interactions with Paynetics, Lekka, other Users, or third parties, shall not:

1. Breach these Terms of Use, or any other agreement or policy that they have agreed to with Lekka, Paynetics, the Account provider or a card processor;
2. Violate any law, statute, ordinance, or regulation;
3. Use Lekka to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
4. Infringe Lekka or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
5. Provide false, inaccurate or misleading information;
6. Use Lekka to send or receive what Fair-eZone reasonably believes to be potentially fraudulent funds on their behalf;
7. Refuse to cooperate in an investigation or provide confirmation of their identity, as well as a validation of the information provided to Fair-eZone;
8. Attempt to obtain an undue refund during a dispute, chargeback, cancellation, or any other investigation by intentionally or knowingly seeking to receive funds from both Lekka and a merchant or Paynetics for the same transaction. ;
9. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
10. Conduct their business or use Lekka in a manner that is likely to result in or may result in complaints, Disputes, Reversals, Chargebacks, fees, fines, penalties or other liability to Lekka, other Users, third parties or itself;
11. Use their Account or Lekka in a manner that Paynetics, Visa, Mastercard, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
12. Allow their Account to have a negative balance;
13. Take any action that imposes an unreasonable or disproportionately large load on Fair-eZone infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy the website 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 suppliers;
15. Circumvent any Lekka policy or determinations about their Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create 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 their own (e.g. name, address, email address, etc.); or using someone else’s Account;
16. Use the Lekka Card in a manner that, in Fair-eZone’s opinion, may constitute a violation of Paynetics GT&Cs, any applicable electronic payment network rules, card association or network rules, or applicable law; or
17. Use the Lekka Card to trade FX for speculative purposes or for FX arbitrage.

If the Mobile Application, related application services or an Account accessible through the Mobile Application are used to conduct (or to attempt to conduct) activities that, in Fair-eZone’s opinion, are not permitted by these Terms of Use (such as one of the activities set forth above) or by applicable law, Fair-eZone may, in its sole discretion, and without waiving any of its rights, suspend, terminate or limit access to Lekka. Fair-eZone may refuse to provide application support for any activity prohibited by these ToU.

12.2. Actions

If Fair-eZone believes, in its sole discretion, that the User has engaged in restricted activities in connection with the use of the Mobile Application or related application services, it may take various measures to protect itself, other Users, other third parties or the User from liability.

The measures that Fair-eZone or Paynetics may take include the following:

1. Suspend, terminate or limit the User’s access to their Lekka profile or application services, including access to certain features;
2. To the extent allowed by law, contact users who have transacted with the User, contact the user’s bank or debit card issuer, and/or inform other users, law enforcement, or third parties involved in the User’s actions;
3. Update inaccurate Information provided to them by the Users;
4. Refuse to provide the User with the Lekka Services in the future;
5. Take legal action against the User ; and
6. To the extent allowed by law, reserve the right, at its sole discretion, to terminate these Terms of Use or access to the Lekka Services, for any reason and at any time, after informing the User.

Article 13 – Applicable law and settlement of disputes

These ToU are governed by French law; any dispute between the Parties in connection with these ToU shall be brought before the French courts that have jurisdiction.

Appendix – Definitions

Lekka: shall mean the Mobile Application developed by Fair-eZone that gives Users access to Lekka application services and, where available, a technical interface to services provided by Paynetics under the Paynetics T&Cs.

Fair-eZone: shall mean the French fintech that developed and owns the Lekka mobile application. Fair-eZone is entered into the register under art. 19 of the Bulgarian Payment Services and Payment Systems Act (PSPSA), kept by the Bulgarian National Bank (BNB), agent of Paynetics AD for the territory of the Republic of France and is a subcontractor of Paynetics AD for the territory of the rest of the EU and EEA.

Mobile Application: shall mean the Lekka mobile application that is downloadable free of charge from the App Store or from Google Play and that enables the Users to access Lekka application services and, where available, services provided by Paynetics under the Paynetics T&Cs.

Beneficiary: shall mean a natural or legal person acting on its own behalf, designated by a User and to whom Electronic Money is transferred as part of an Electronic Money transfer Transaction.

ToU: shall mean these general Terms of Use, which form a contract between the Users and Fair-eZone concerning the use of the Mobile Application and related application services. Payment services remain governed by the Paynetics T&Cs and any other document expressly mentioned in the latter.

Card or Lekka Card: shall mean a Visa debit card issued by Paynetics and made accessible via the Mobile Application, linked to the Users’ Accounts. These Cards may be virtual or physical and may be used, in accordance with the Paynetics T&Cs, to spend the Users’ Available Balance wherever Visa cards are accepted.

Account or Lekka Account: shall mean a User’s secure personal space, to which only they have access using their Identifiers and in which they may input their personal data. Once a User is fully approved in accordance with the applicable onboarding process, this Account is associated with a payment account opened and maintained by Paynetics, which records the Available Balance, transaction data and other relevant information.

Paynetics T&C or Paynetics Cardholder Terms and Condition: shall means the General Terms and Conditions of the issuer of Lekka Accounts and Cards. By accepting these ToU, the Users undertake to adhere to the Paynetics T&Cs and to have a direct contractual relationship with Paynetics that governs the use of the Payment Services provided by Paynetics and accessible via the Mobile Application for the purpose of the Transactions.

European Economic Area or EEA: the European Union (“EU”) member states, as well as Iceland, Liechtenstein and Norway.

IBAN: shall mean the International Bank Account Number assigned by Paynetics to the User’s payment account, which is used to identify that payment account for payment purposes.

Identifiers: shall mean the personal and confidential identifiers comprising a User’s valid e-mail address and a password and/or a security code.

Transactions: shall mean Withdrawals from an ATM, Payments or transfers of money via one of the Money Transfer Services.

Payment: shall mean any payment for goods or services using the Lekka Card.

Direct Debit: automatic payment authorizing a creditor to debit the User's Account, with their prior consent. This Service is not available with a Lekka Account.

Paynetics: refers to Paynetics AD, a company registered in Bulgaria under company number 131574695, with its registered office at 76A James Bourchier Blvd, Sofia 1407, Bulgaria. Paynetics AD is an electronic money institution licensed by the Bulgarian National Bank. Paynetics AD is the issuer of the Lekka Accounts and Cards and the payment services provider of the Lekka Accounts and Cards.

Lekka to Bank Service: shall mean a service whereby Users issue instructions to send money from one Account to a payment account via a SEPA transfer.

Transfer Lekka Service: shall mean a service whereby Users issue instructions to send money from one Lekka Account to another Lekka Account.

Services: shall mean the set of services developed and provided by Fair-eZone: the public Website, the Lekka Mobile Application and related application services, including technical access to Paynetics services. The Services do not include payment services provided by Paynetics, which are governed by the Paynetics T&Cs.

Payment Services: shall mean the payment services provided by Paynetics and accessible via the Mobile Application, which are subject to the Paynetics T&Cs and include:

• Services enabling cash withdrawals from a payment account and all of the operations required for operating a payment account;
• Execution of payment transactions, including execution of transfers and execution of payment transactions through a payment card.

Money Transfer Services: shall mean the functions accessible via the Lekka Mobile Application that allow Users to issue money transfer instructions to Paynetics under the Paynetics T&Cs, as described in particular Article 2.7. The Money Transfer Services, above.

Available Balance: shall mean the amount of funds shown in the Mobile Application as available to the User, based on information made available by Paynetics, and that the User has not spent or redeemed.

Website: shall mean the public web site that Users may access at the following URL www.lekka.io, presenting Lekka and enabling the Users to download the Mobile Application. It does not provide access to the User’s account.

Applicable Exchange Rate: shall mean the exchange rate available at https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html

User: shall mean any natural person who is aged over 18, resides in one of the countries of the European Economic Area (EEA) and has full legal capacity, who uses the Lekka Mobile Application and/or subscribes to the Services.

Customer Due Diligence: shall mean the process supported by Fair-eZone, where applicable, to check the identity of its Users for onboarding, compliance support and fraud-prevention purposes.

SEPA Transfer: shall mean a service whereby the Users issue instructions to transfer Euros to a payment account located in the single Euro payments area (SEPA), with an indication of the IBAN of the recipient of the funds.