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 Website and the Mobile Application (“Lekka”) available to the Users, as well as the Parties’ mutual obligations as part of the use of the Services.

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 use of the 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 use of the Lekka Account, Lekka Card and Electronic Money services is governed by the Paynetics Terms and Conditions of Paynetics, available here, which the Users undertake to accept prior to using the Services. Should the Users not accept these Terms of Use, they must refrain from using the Website and the 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 closure of the Account, notwithstanding the civil remedies or criminal punishments that they may also face as a result.

The Users are hereby informed that the Services are based on 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 Account currency is exclusively Euro (EUR).

The Users must then produce an identity document, then a complete a liveness and face match 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 two proof of addresses. Then, they will be asked to complete their registration with personal information, like occupation, and financial and banking data, then choose a subscription formula. Once these documents received, Fair-eZone shall perform Customer Due Diligence as indicated in the following chapter.

Once the Users fully approved, they will be asked to deposit money on their Account for the first time.

1.3. Customer Due Diligence

As part of its obligations in terms of preventing fraud, money laundering and financing of terrorism, Fair-eZone has an obligation to check 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 the Payment Services shall only be made available to the Users once they have been fully approved.

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 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. The various subscription formulas are presented in the “Tariffs” Appendix 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 summoned to credit their Account as soon as possible. Users who have not credited their Accounts 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 credit their Accounts with sufficient funds in order to be able to once again subscribe to a fee-paying subscription formula.

Article 2 – The Services

The Payment Services mentioned below can only be activated if the Users have transmitted the information required for the Customer Due Diligence and if Fair-eZone has approved the Users.
Fair-eZone and KYC provider will store all these documents and information provided by the Users, in line with data retention rules, and to the General Data Protection Regulation (GDPR).

2.1. The Lekka Account and Card

2.1.1. The Lekka Account

Once a User is fully approved, Fair-eZone shall open an Account for them on the books of Paynetics 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.

2.1.2. The Lekka Cards

Once their Account has been opened, the Users may make an initial deposit of funds into it (see Article 2.3).

The first deposit 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.

Once the first deposit 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 an international card, with the contactless payment option enabled by default (The contactless payment option can be manually deactivated, as explained below in paragraph c), usable throughout the Visa network.

Both Cards can be used until the last day of the month indicated on the Card.

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 then 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 submit a dispute request by completing a form provided by customer service upon request. No refunds will be issued until Fair-eZone has completed its investigation.

Fair-eZone reserves the right not to reimburse the User if it deems that the User had not acted in accordance with the present Terms of Use.

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. Reloading the Account

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

To deposit Electronic Money into their Account, the Users may use the following methods:

• Either by making a SEPA transfer from another bank account in EUR to their Lekka account no.
• The first deposit 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 bank 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 you made to Fair-eZone. 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 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 shall 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, Fair-eZone shall be entitled to stop the processing of any pending or subsequent Transactions.

Fees shall 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 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 is a service for sending Electronic Money to a bank account. SEPA Transfers are Electronic Money Transfer Services in EUR issued by a User to the bank 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 account held on the books of another financial institution.

a. SEPA Transfers

This is the transfer method available when the source Account currency is in euros (EUR). The Electronic 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 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 fees as set out in the “Tariffs” Appendix.

2.7.2. The Lekka Transfer Service

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

Both the Users who send Electronic Money and the Beneficiaries of the transfers must be Lekka Users and must be fully approved by 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.

2.8. 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, Fair-eZone shall be entitled to modify certain payment restrictions (including those that are published or mentioned here) without notice, to the extent that is required to comply with its regulatory obligations.

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 Website or to the 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 an unauthorised use of their Account. Fair-eZone therefore disclaims liability towards the Users for any errors, omissions, interruptions or delays of transactions performed via the Website or 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 the transactions made and for any other use or misuse of their Account until Fair-eZone and Paynetics have been notified otherwise. Fair-eZone may ask the User to close his Account and open a new one, and/or to change their Lekka Services access credentials. No dispute regarding executed debits will be admissible when the User has voluntarily or negligently shared their mobile phone and/or access credentials with a third party.

Article 3 – Protection of the funds

The funds corresponding to the User's Available Balance are segregated from Fair-eZone and Paynetics' funds and are ring-fenced in accordance with the 'Electronic Money Regulations 2011' protection of funds requirements. Should Fair-eZone and/or Paynetics become insolvent, these funds would be protected from the claims of their creditors.

Article 4 – Right to withdraw

The Users has a period of 14 (fourteen) days to exercise their right of withdrawal, under the conditions set out in the Paynetics T&Cs, it being understood that this period starts from the date the User's Account is created. Withdrawal entails the refund of the User's Available Balance and the reimbursement of any fees incurred if the User has subscribed to a paid subscription plan, minus any fees due and payable as of the effective date of termination.

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 Website and to the 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, the Users hereby acknowledge that they run the risk of a unilateral rescission of these ToU by Fair-eZone, and consequently, the closure of the Account, 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.

Article 7 – Personal data

“Personal data” shall mean any information concerning a User that is obtained directly via the Website, the Mobile Application or through Paynetics, including identification information and personal financial data concerning the Transactions.

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

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 its Services, Fair-eZone has a duty of vigilance for the purpose of the prevention of money laundering and the financing of terrorism. Fair-eZone may therefore have to ask the Users for additional information, at any point in time, in the course of the provision of the Services.

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, closing of the Account and rescission

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

10.1. Closing of the Account

10.1.1. At the Users’ initiative

Any Users wishing to close their Account 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.

Any Users who have been fully approved but have not yet taken out a subscription or paid any money into their Account should also contact Customer Service.

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

After that, Users may request the closure of their Account directly within the Mobile Application. Their Account shall be closed within 30 days following their request. The Available Balance shall be sent to their personal bank account, after deduction of the Account closure fees as set out in the “Tariffs” Appendix.

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

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

10.1.2. At Fair-eZone’s initiative

Fair-eZone shall be entitled to suspend or to rescind the Payment Services in keeping with the terms that are set out in these ToU. A rescission at the initiative of Fair-eZone or Paynetics shall not give rise to any right to compensation.

In the event of serious breaches, fraud, or payment defaults on the part of the Users, Fair-eZone shall be entitled to suspend or to rescind these ToU without notice. The rescission of these ToU shall lead to the rescission of the Paynetics T&Cs (and vice-versa) and therefore to the closure of the Account.

If the Available balance of a User Account is null or below the fee due for monthly management fees or inactivity fees mentioned in the “Tariffs” Appendix, Fair-eZone may suspend or rescind the Account of said User without notice.

10.2. Account closure restrictions

The User may not close his Account to evade an investigation. If the User attempts to close their Account while Fair-eZone or Paynetics are conducting an investigation, Fair-eZone or Paynetics may freeze the Account in order to protect themselves.

The User will also remain responsible for all obligations associated with his Account, even after it has been closed.

Article 11 – Miscellaneous provisions

11.1. 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 Services, and consequently, the closure of the Account in keeping with Article 10.

11.2. 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.

11.3. 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.

11.4. 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.

11.5. 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.

11.6. Claims

Should the Users or any Beneficiary have any complaints or wish to make any claims, they should contact Lekka Customer Service by e-mail: support@lekka.io.

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, they may contact the Bulgarian Conciliation Commission on Payment Disputes.

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

• by post: send the complaint to: 1 Vrabcha Str, fl. 4, 1000, Sofia, Bulgaria
• by phone: +359 2 933 05 77; or

 

The Bulgarian Conciliation Commission on Payment Disputes website is

https://abanksb.bg/pkps/pkps-contacts-En.html

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. Instruct Fair-eZone to send or receive what Fair-eZone reasonably believe to be potentially fraudulent funds on his 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, American Express, Discover 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. Refuse to cooperate in an investigation or provide confirmation of their identity or any Information he provides;
17. Use the Lekka Card in a manner that, in Fair-eZone’s opinion, may constitute a violation of any applicable electronic payment network rules, card association or network rules, or applicable law; or
18. Use the Lekka Card to trade FX for speculative purposes or for FX arbitrage.

If an Account is used to conduct (or to attempt to conduct) Transactions 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, freeze, close, suspend, terminate or limit the access to Lekka. 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 its support of Paynetics’s provision of Payment Services, they may take various actions to protect themselves, other Users, other third parties or you from liability.

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

1. Close, suspend, or limit the User’s access to his Account or Lekka services (such as 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 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. Reserve the right, at their sole discretion, to terminate these Terms of Use, access to the Website 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 the daily banking services.

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 with the Prudential Control and Resolution Authority (ACPR) 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 the Payment Services.

Electronic Money: shall mean a monetary asset registered in the Users’ Accounts upon receipt of funds in their name, and equal to the amount of funds received.

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 Website, of the Mobile Application and of the Services, completed by the Paynetics T&Cs and any other document expressly mentioned in the latter.

Card or Lekka Card: shall mean a Visa debit card distributed by Fair-eZone, issued by Paynetics and linked to the Users’ Accounts. These Cards may be virtual or physical and may be used 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 by Fair-eZone, this Account is associated to a data account opened in the books of Paynetics, which records the Available Balance, the Transaction data as well as other transactions.

Paynetics T&C or Paynetics Cardholder Terms and Condition: shall means the Terms and Condition 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 via the Website and 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 that can be used to identify bank accounts for international payments.

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 Direct Debits, Withdrawals from an ATM, Payments or transfers of Electronic 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 for residents of the European Economic Area (EEA). Paynetics AD is the issuer of the Lekka Accounts and Cards and the payment services provider for Fair-eZone. Paynetics AD is registered in Bulgaria under company registration number 12481335, with its registered office at 76A James Bourchier, Sofia, Bulgaria.

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

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

Services: shall mean the set of services developed and provided by Fair-eZone: the Website, the Lekka Mobile Application providing access to the Payment Services under the terms of these ToU and in particular Article 2 – The Services, above.

Payment Services: shall mean all services distributed to the Users by Fair-eZone, which 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 banking transfers and execution of payment transactions through a payment card.

 

Money Transfer Services: shall mean the set of services designed for sending Electronic Money developed and provided by Fair-eZone via the Lekka Mobile Application under the terms of these ToU, and in particular Article 2.7. The Money Transfer Services, above.

Available Balance: shall mean the amount of Electronic Money that is available to the User and that the User has not spent or redeemed.

Website: shall mean the web site that Users may access at the following URL www.lekka.io, presenting the Services and enabling the Users to download the Mobile Application.

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 that Fair-eZone must follow to check the identity of its Users.

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