GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE MONEY WALKIE Website, Application, and Services
ARTICLE I. DEFINITIONS
The terms used in singular or plural form in these General Terms and Conditions of Use and starting with a capital letter shall have the meaning ascribed to them hereinafter:
ACPR: refers to the Prudential Supervision and Resolution Authority, located at 4 Place de Budapest 75436 PARIS CEDEX 09;
Application: refers to the MONEY WALKIE mobile application, available on Play Store (Android) or App Store (iOS);
Beneficiary: a natural or legal person acting as the recipient of a Payment Transaction;
Gift Voucher: refers to the code purchased by a Customer and usable by a Holder to credit their Wallet up to the amount paid when purchasing the Gift Voucher by the Customer;
Card: Debit card with systematic authorization issued in the name of the Cardholder, to whom the Holder entrusts a Walkie, allowing them to execute Payment Orders from the Wallet opened in their name. The Card is integrated into the Walkie;
GTCS: refers to these General Terms and Conditions of Sale and Use concluded between the Customer and MONEY WALKIE;
Customer: refers to any person who purchases a Gift Voucher, a Walkie, and/or the Holders;
General Terms and Conditions of Card Use: a contract concluded between TREEZOR and the Cardholders, authorizing the Holder to sign it, available at this link;
General Terms and Conditions of Electronic Money Use: a contract concluded between TREEZOR and the Holder who has opened a Wallet with TREEZOR, available at this link;
Treezor Agreement: refers to the contractual set composed of the General Terms and Conditions of Card Use and the General Terms and Conditions of Electronic Money Use, which are transmitted and signed when the Holder creates their personal space;
Distributor: refers to MONEY WALKIE, appointed by TREEZOR to act on its behalf and for its account in accordance with articles L. 525-8 and following of the Monetary and Financial Code;
Personal Space: refers to the virtual space assigned to the Holder during their registration and accessible by entering their personal Identifiers on the Application. The Personal Space includes all the Features and Services accessible to the Holder;
Features: refers to all the tracking and educational information features offered by MONEY WALKIE to Customers, accessible through the Application;
Personal Identifiers: refers to the data necessary for the Customer to create and access their Personal Space;
Working Day: refers to a calendar day except for Sundays and public holidays in metropolitan France;
Business Day: refers to a calendar day except for Saturdays, Sundays, and public holidays in metropolitan France during which payment infrastructures and banks used operate regularly;
MONEY WALKIE: refers to Qiip, a simplified joint-stock company with a capital of 20,566.60 euros, registered with the Créteil Trade and Companies Register under number 879 135 879, with its registered office at 5 avenue du Général de Gaulle - 94160 Saint Mandé, and operating under the trade name Money Walkie. MONEY WALKIE acts as a distributor of electronic money, appointed by TREEZOR to provide Electronic Money and a Card, allowing its Customers to purchase a Walkie and open a Wallet;
Electronic Money: refers, in accordance with Article L.315-1 of the Monetary and Financial Code, to a monetary value stored in electronic form, including magnetic, representing a claim against the issuer, which is issued against the remittance of funds for Payment Transactions and which is accepted by a natural or legal person other than the issuer of electronic money;
Card Payment Order: refers to the instruction initiated by the Cardholder with their Card in order to transfer units of Electronic Money immediately reimbursed to the benefit of a designated Beneficiary;
Cardholder: refers to a natural person, of legal age or a minor, designated by the Holder as the Cardholder who can carry out Payment Transactions on the Wallet associated with them, by using the Walkie, and who has authorized the Holder of the associated Wallet Card to accept the General Terms and Conditions of Card Use;
Payment Transaction: refers to the transfer of units of Electronic Money from the Wallet to the accepting Beneficiary of the Card Payment Order, immediately reimbursed by transferring funds to the acquiring bank of the Beneficiary;
Treezor Services: refers to the services of issuing and managing Electronic Money recorded on the Wallet, as well as card issuing services, provided by TREEZOR to the Holder in accordance with the Treezor Agreement (https://www.treezor.com/general-terms-conditions-of-use/);
Services / Service Offering: refers to all the Features and Services offered by MONEY WALKIE through the Application;
Website: refers to the MONEY WALKIE website at https://www.moneywalkie.com;
Holder: refers to a natural person of legal age and capacity acting on their own behalf for non-professional purposes, who has subscribed to these terms and opened a Wallet. The Holder is the legal representative of the Cardholder;
TREEZOR: refers to a simplified joint-stock company with a capital of 5,050,600 euros, registered with the Paris Trade and Companies Register under number 807 465 059, with its registered office at 33 rue de Wagram - 75017 Paris, acting as an Electronic Money Institution within the meaning of Article L.525-1 of the Monetary and Financial Code and approved by the ACPR under number 16798 (details available on www.regafi.fr);
Piggy Bank: refers to a sub-account of the Wallet, to which a portion of the available balance on the Wallet can be credited. The Piggy Bank can be debited at any time, within the limits of its available balance: debiting the Piggy Bank credits the Wallet;
Wallet: refers to the electronic money account opened in the books of TREEZOR in the name of the Holder and associated with the Card.
ARTICLE II. PURPOSE
MONEY WALKIE provides its Customers with a payment tool, the Walkie, as well as a payment tracking and educational tool through the Application. MONEY WALKIE also offers free financial education content to Holders and Cardholders.
The purpose of these GTCS is to define the terms and conditions of use of the Walkie and the Services offered on the Application, as well as to define the rights and obligations of the parties in this context.
The GTCS are accessible and printable at any time via a link on the Website, allowing them to be displayed on a separate web page. Customers can also obtain a free copy by postal mail to their address upon simple request sent by mail to the registered office of MONEY WALKIE.
They may be supplemented, if necessary, by specific conditions for certain Services, which supplement these GTCS and, in case of contradiction, take precedence over them.
ARTICLE III. ACCEPTANCE
Access to and use of the Site, the Application, and the Services offered by MONEY WALKIE are subject to compliance with these GTCS. Any access to the Site, the Application, and/or their use implies the acceptance and compliance with all the terms of these and their unconditional acceptance.
Any Customer is deemed to have accepted these GTCS when ordering a Walkie on the Site and/or registering on the Application. Access and acceptance of these GTCS by Customers are materialized by clicking on the "Accept" button during the Walkie order process and during the registration process on the Application.
Access to the Treezor Services available from the Application is only possible after acceptance by the Holder of the Treezor Contract from TREEZOR company, acting as an electronic money institution within the meaning of article L.525-1 of the Monetary and Financial Code and authorized by the ACPR as an electronic money institution under number 16798 (information sheet available at www.regafi.fr). And upon Treezor's acceptance to open the Wallet in the Holder's name after analyzing the documents provided by the latter upon registration (Article V herein).
The Holder accepts the Treezor Contract by checking the box provided for this purpose when signing the membership contract concluded between the Holder and MONEY WALKIE during the registration process. It should be noted that the General Terms of Use of the Card are also accepted by the Holder as the representative of the Carriers and, if the Carrier is a minor, the Holder is informed that they are the legal representative by the display of the following warning when checking the box: "/!/ I declare to be the representative for the acceptance of the General Terms of Use of the Card for any Carrier, and especially, if the Carrier is a minor, I certify that I am the legal representative".
The present GTU (General Terms of Use) are concluded between the Customer and MONEY WALKIE for an indefinite period.
MONEY WALKIE acknowledges that all Customers adhere to the GTU remotely and therefore have a withdrawal period of fourteen (14) calendar days from the subscription under the provisions of articles L. 222-1 to L. 222-18 of the Consumer Code. When the remote provision of services is preceded by a solicitation within the meaning of article L. 341-1 of the CMF, article L. 341-12 applies instead of article L. 222-5 of the Consumer Code, and references made to the latter article are replaced by references made to article L. 341-12.
ARTICLE IV. ORDERING THE WALKIE FROM THE SITE
Any Customer wishing to purchase a Walkie and/or benefit from the Services must order a Walkie on the Site. To find out about the Services offered by MONEY WALKIE, the Customer can consult on the Site the description of the service offer, a FAQ, the rates applied, the general terms and conditions practiced by MONEY WALKIE and TREEZOR, as well as the legal notices and the established privacy policy.
To place an order for a Walkie and a shell, the Customer must provide the following information:
Their email address;
Their first and last names;
Their delivery and billing address;
Their credit card number, expiration date, and the visual cryptogram for payment.
It is specified that a maximum of four (4) Walkies can be linked to a Holder's Wallet.
Once the order is made, the Customer receives a confirmation email. MONEY WALKIE sends a new email when the Walkie is mailed, specifying the tracking number. The Customer has a withdrawal period of fourteen (14) calendar days, as mentioned in Article III of these GTU.
The Walkie is made available to the Customer within sixty (60) working days from the date of Order. Any reasonable delay in delivering the Walkie will neither entitle the Customer to compensation nor cancellation of the order.
The transport risk is entirely borne by the Customer. In case of damage during transport, the Customer must make all necessary reservations by registered letter with acknowledgment of receipt within fourteen (14) days of receiving the Walkie.
The Walkie and shells benefit from the legal guarantee of conformity and the warranty against hidden defects as per article 1641 of the civil code. Action under the warranty against hidden defects must be taken within two (2) years from the discovery of the defect. Under this warranty, MONEY WALKIE will replace defective parts recognized by customer service for free, with no compensation claimable by the Customer. Potential shipping and packaging costs for shipping are borne by the Customer, those for restitution are borne by MONEY WALKIE. Defects and damages caused by normal wear and tear, an external accident, misuse, opening, and intervention in the Walkie by a third party, are excluded from the warranty.
A Walkie has a lifespan of four (4) years. After this period, it must be replaced.
ARTICLE V. REGISTRATION ON THE APPLICATION
Registration on the Application by an Account Holder is mandatory to use the Services.
The Account Holder, a natural person, is deemed competent, acting strictly for private and non-professional or associative purposes, residing in French territory, and using the Services in their own name.
The MONEY WALKIE Application can be downloaded on mobile phones and tablets, on the iOS and Android operating systems.
Registration on the Application requires filling out all the fields of the required registration form. The Account Holder must enter their phone number, accept the general conditions of MONEY WALKIE and TREEZOR, and validate the anti-money laundering and anti-terrorism financing identification process. They then receive an SMS to confirm the entered phone number and can set their four (4) digit secret code. Their personal login details are then created. The Client guarantees to MONEY WALKIE that all the information provided for their registration is accurate, up-to-date, and genuine and does not have any misleading character. The Account Holder undertakes to update them in case of change.
If the Account Holder does not validate this process within six (6) months from registration, MONEY WALKIE reserves the right to terminate its contractual relations with the Client immediately, without needing to notify its resolution decision.
To use the Services, Account Holders must register on the Application under the following conditions.
Activation of the Walkie
To allow the Bearer to use the Walkie, the Account Holder must enter on the Application the seven (7) digits on the back of the Walkie and enter the Bearer's first name (or nickname). Up to four (4) Walkies can be activated.
Acceptance and acknowledgment of these T&Cs by the Account Holder is evidenced by clicking on the "Accept" button during the registration process on the Application.
Know Your Customer Documents
The 5th Directive (EU) 2018/843 of the European Council, amending Directive (EU) 2015/849 on preventing the use of the financial system for money laundering or terrorism financing purposes, was adopted on May 30, 2018, and transposed into French law by the ordinance n°2020-115 and decrees n° 2020-118 and n°2020-119 of February 12, 2020. This Directive limited the scope of so-called "anonymous" Electronic Money, for which the Account Holder is neither identified nor their identity verified and no knowledge element is collected, within the following thresholds:
Maximum loading amount on the Wallet: one hundred and fifty (150) euros;
Maximum amount of payment operations carried out on the Account Holder's Wallet over a rolling thirty (30) calendar day period for rechargeable supports: one hundred and fifty (150) euros;
Use of the Walkie restricted to national territory.
The Account Holder acknowledges and expressly agrees that without validation of the KYC Documents, they cannot use the Services.
To complete their registration, the Account Holder must enter their credit card number, the name and surname on this card, its expiry date, and its security code. A 3D secure activation payment of one (1) euro from the bank account in their name will be generated (this amount of one (1) euro will be automatically refunded on the credit card after verification).
Once these steps are validated, MONEY WALKIE informs the Account Holder, by any useful written means, including email, that their registration is validated. The Account Holder can then accept or decline notifications, access the homepage of their Personal Space, and choose the package (with or without subscription) they wish.
In any event, TREEZOR reserves the right, unilaterally and at its discretion, to refuse the opening of a Wallet in the name of the Account Holder.
Opening a Wallet
To open a Wallet, the Account Holder must:
Be a tax resident of at least one European Union or EFTA (Iceland, Liechtenstein, Norway, Switzerland) member country and comply with their tax obligations, noting that the provided address is presumed to be the place of performance for tax reasons;
Be of legal age and legally competent;
Have a personal mobile phone;
Be able to and know how to connect to the Internet;
Have a valid original ID;
Have a valid postal address in French territory and a proof of residence less than three (3) months old. The proof of residence must be in French and must be perfectly legible. If the document is blurred or stained, it will be rejected, and the registration invalidated;
Go to the Application and accurately fill out all the mandatory fields of the registration form, namely their first name and last name, nationality, date of birth, place and country of birth, residence address, phone number, and email address, to verify that the Account Holder meets the aforementioned conditions.
Wallet Management
The Application only allows having one administrator for all of the Wallets of the same household. The Account Holder therefore undertakes to only register once to manage the Account Holder's Wallet. Any attempt at multiple registrations may lead MONEY WALKIE to terminate all relations with the Account Holder.
However, it is possible to authorize a third party to view and access Wallet tracking (see Article VI. 3) and allow the Bearer to track the Wallet, use the Piggy bank, and make donations.
ARTICLE VI. DESCRIPTION OF SERVICES
The MONEY WALKIE solution offers Clients a 100% mobile and secure platform available on iOS and Android, allowing access to all of the Features presented below.
Opening additional Wallets is possible, limited to four (4) per Account Holder, and subject to ordering a Walkie per Wallet. The pricing applied to these additional Wallets, as well as optional features, is presented in Article VII of these terms.
Account Holder's Wallet Features
Each Account Holder can, from their Personal Space:
- Access their Wallet;
- Block or unblock the Card of each Bearer linked to their Wallet;
- Adjust the spending limit of the Card of each Bearer;
- Be notified of expenses from each Card;
- Register a credit card in their name on the Application, to credit the Wallet;
- Edit the Wallet's IBAN and share it;
- Receive bank transfers up to a total balance of 150 euros (if receiving a bank transfer would exceed this balance, the wallet will be blocked until the Account Holder's identity is verified);
- Monitor in real time the expenses made and funds added to their Wallet;
- Access the history of expenses made by the Bearer of the Walkie and reloads made on the Wallet;
- Create and view a Piggy bank;
- Donate to associations according to the procedures set out below;
- Set up options for their Personal Space.
- Wallet Management
The transaction history made via the Wallet can be viewed on the App.
It is the Holder's responsibility to ensure that their Wallet is sufficiently funded. In this regard, the Holder expressly acknowledges and agrees: Any Payment Order that results in a Wallet being in debit will be automatically blocked; MONEY WALKIE reserves the right to block the Payment Orders of a Client if it turns out that their Wallet is not sufficiently funded to cover the cost of the Treezor Services.
Customers expressly acknowledge and agree that MONEY WALKIE provides these Treezor Services on behalf of, and for the account of TREEZOR, and in this regard, they are subject to the Treezor Agreement, which they accepted upon registration on the App, as provided for in Article V, and commit to comply with it.
Wallet Consultation
The Holder can authorize a third party and the Bearer to monitor the Wallet.
To grant access to the Wallet to a third party, the Holder sends a link via the App to the third party by SMS, after providing their name, first name, age, and phone number. This third party can then download the App by clicking on the link from their mobile phone and access the Holder's Wallet. This access right allows the third party to:
- Track expenses and fund the Wallet in real-time;
- Access the spending history made by the Bearer of the Walkie and the reloads made on the Wallet;
- View, credit, and debit a Savings Pot;
- Check the Wallet's bank account details.
To allow the Bearer to access the Wallet, the Holder sends a link via the App to the Bearer by SMS, after providing their name, first name, age, and phone number. The Bearer can then download the App by clicking on the link from their mobile phone and access the Holder's Wallet. This access right allows the Bearer to:
- Track expenses and fund the Wallet in real-time;
- Access the spending history made by the Bearer of the Walkie and the reloads made on the Wallet;
- View, credit, and debit a Savings Pot;
- Check the Wallet's bank account details.
The Holder remains solely responsible towards MONEY-WALKIE and TREEZOR and ensures compliance with these T&Cs by any third party or any Bearer to whom they have granted Wallet access rights.
Creation and Consultation of a Savings Pot
The Holder, Bearer, or third party authorized by the Holder can create a Savings Pot on the App, credit it (up to the available Wallet balance) and debit it (up to the available Savings Pot balance). Credits and debits are instantaneous.
The amounts debited from the Savings Pot are credited to the Wallet.
Virtual Card
The Holder can generate a virtual card via the App, allowing the Bearer to make online payments. This card can only be used once and expires after 24 hours.
Donations
The Holder can make donations to associations via the App. Associations are selected by MONEY WALKIE, and the list is updated on the Site.
The donation amount ranges between one cent and the Wallet balance.
The donation is only processed after validation by the Holder: this validation is confirmed by entering the password to their Personal Space.
MONEY-WALKIE does not provide any tax reduction certificate and does not check whether donations to selected associations are tax-deductible.
Gift Vouchers
A Client can purchase a Gift Voucher to gift it to anyone of their choice or use it themselves. By purchasing a Gift Voucher, the Client credits it with an amount up to one hundred and fifty (150) euros. The amount is determined by the Client when ordering on the Site.
The Gift Voucher is sent to the email address provided by the Client when ordering, in the form of a code. Any mistake in the provided address is the Client's responsibility.
Immediate receipt of the Gift Voucher depends on the Internet network. Therefore, MONEY-WALKIE cannot be held responsible for access difficulties or temporary inaccessibility due to telecommunication network disruptions, especially given the complexity of global networks and the surge of users at specific times.
The Gift Voucher allows a Holder to credit their Wallet up to the amount paid by the Client when purchasing the Gift Voucher. If the Gift Voucher recipient is not yet a Holder, they must register according to these T&Cs to use it.
The Gift Voucher can only be used once, up to the available amount and its expiry date.
Its validity is limited to 12 months, starting from the purchase date on the Site.
The Gift Voucher cannot be exchanged, taken back, resold, or refunded, even partially.
The Client commits to inform the Gift Voucher recipient of its expiry date and usage terms.
MONEY-WALKIE, in its capacity as Distributor, will provide Treezor with the information allowing them to ensure the execution of transactions on Wallets, the traceability of flows, and their reconciliation. This reconciliation will be ensured when a Holder uses the Gift Voucher.
The Gift Voucher amount is a credit to be made to the Holder's Wallet. As a result, if the Gift Voucher is not used during its validity period, the credited amount remains unavailable.
The Client acknowledges and accepts that MONEY-WALKIE's responsibility cannot be engaged in case of non-use or partial use of the Gift Voucher by the Holder.
Gift Voucher Referral
Any Client can become a sponsor and offer a Gift Voucher to any natural person. By offering a Gift Voucher, the Client credits it with an amount they determine, up to one hundred and fifty (150) euros, during the order on the Site.
The Gift Voucher, in the form of a code, is sent to the email address provided by the Client when ordering. The Client must communicate this code to their beneficiary.
The Gift Voucher allows the Holder to credit their Wallet up to the amount paid by the Client when purchasing the Gift Voucher. If the Gift Voucher recipient is not yet a Holder, they must register according to these T&Cs to use it.
The Gift Voucher can only be used once, up to the available amount, and has an expiry date.
Its validity is limited to 12 months, starting from the purchase date on the Site.
The Gift Voucher cannot be exchanged, taken back, resold, or refunded, even partially.
The Client commits to inform the Gift Voucher recipient of its expiry date and usage terms.
MONEY-WALKIE, in its capacity as Distributor, will provide Treezor with the information allowing them to ensure the execution of transactions on Wallets, the traceability of flows, and their reconciliation. This reconciliation will be ensured when a Holder uses the Gift Voucher.
The Gift Voucher amount is a credit to be made to the Holder's Wallet. As a result, if the Gift Voucher is not used during its validity period, the credited amount remains unavailable.
The Client acknowledges and accepts that MONEY-WALKIE's responsibility cannot be engaged in case of non-use or partial use of the Gift Voucher by the Holder.
The Client can offer a maximum of one hundred (100) Gift Vouchers for sponsorship per year. Any Gift Voucher offered as a result of a referral will result in the sponsor receiving a referral bonus of 5 euros credited to their Wallet.
MONEY-WALKIE reserves the right to modify or terminate the referral program at any time, without notice. Any changes to the program will be updated on the Site.
Any abusive or fraudulent behavior by the Holder will render inapplicable the offers resulting from referral operations.
ARTICLE VIII. LIABILITY OF MONEY WALKIE
MONEY WALKIE makes its best efforts to ensure the proper functioning of the Site, the Application, and the Services listed there, within the limits of liability of these T&Cs.
Warranty
MONEY WALKIE is only bound by a best-effort obligation towards the Client and provides no warranty, express or implied, including any warranty of quality and suitability for a particular purpose of the services provided to the Client, subject to legal warranties of conformity and against hidden defects.
MONEY WALKIE assumes no responsibility for material errors or inaccuracies on the Site or the Application, for damages to property or persons resulting from accessing the Site, the Application, or the use of the Services, for unauthorized access or use of servers or personal or financial information stored therein, for the interruption or cessation of transmission, for the transmission of viruses or any similar element to or from the Site or the Application by third parties, or for the loss of data uploaded to the Site or the Application.
MONEY WALKIE is not liable for any indirect damage resulting from transactions made on the Site or the Application, including any economic damage, namely, without limitation, loss of income or profits, regardless of the legal basis.
In any case, MONEY WALKIE's liability towards a Client under any recourse arising from these terms or the use of the Site or the Application, or associated with them, is limited to the total amount paid to MONEY WALKIE for the Services that gave rise to the claim, as long as the claim was made within five (5) years following the triggering event, regardless of the contractual or legal principle underlying it.
Access to the Site, the Application, and the Services
The Services are accessible online through the Application. The Application is accessible after downloading the MONEY WALKIE application, from a smartphone or a digital tablet connected to the Internet or via a mobile network.
The Site can be accessed from a computer connected to the Internet.
Subject to the occurrence of the events listed below, or any force majeure event, or changes to the applicable regulations preventing the operation of the Application, the Site, or the Services, the Application and the Site are accessible 24/7. However, MONEY WALKIE disclaims any liability, without this list being exhaustive:
- In case of interruption for technical maintenance operations or updating of published information;
- In case of temporary inaccessibility due to technical problems regardless of their origin and source;
- In case of unavailability or overload or any other cause preventing the normal operation of the mobile phone network used to access the Site or the Application;
- In case of contamination by potential computer viruses circulating on the network;
- Generally, in case of direct or indirect damages caused to the Client, whatever their nature, resulting from the access or use of the Site or the Application, including by the Client;
- In case of abnormal use or illicit exploitation of the Site or the Application;
- In case the Client loses their username and/or password or in case of identity theft;
- In case of unfavorable economic conditions to MONEY WALKIE's activity.
Public Content of the Site
Despite the greatest care taken in creating and updating the Site and the Application, MONEY WALKIE cannot guarantee, either expressly or implicitly, the information contained on the Site and the Application for which it is the author.
Therefore, MONEY WALKIE cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies, or omissions in the information contained on the Site or the Application.
Major force
MONEY WALKIE cannot be held responsible, or considered to have failed under these T&Cs, for any delay or non-performance when the cause of the delay or non-performance is related to a force majeure as defined by Article 1218 of the Civil Code and the jurisprudence of French courts and tribunals, including, without limitation, the interruption, suspension, reduction, or disturbances of electricity or other, or all interruptions of electronic communication networks, or in case of facts beyond its control.
ARTICLE IX. CUSTOMER RIGHTS AND RESPONSIBILITIES
Access to the Website and Application
The Customer declares that they are familiar with and understand the Internet and its limitations, including its functional characteristics and technical performance, risks of interruption, response times for viewing, querying or transferring information, and the inherent risks of any data transfer. Beyond the disclaimers provided herein, MONEY WALKIE cannot be held responsible for the unavailability of networks that are not under its direct control. It is the Customer's responsibility to equip themselves appropriately, especially in terms of IT and electronic communications, to access the Website and Services, and to take all appropriate measures to protect themselves and MONEY WALKIE from any damage that could affect the data, software or content stored on the Site. MONEY WALKIE is not responsible for the Customer's IT media. All costs and permissions required for connection, access, and use of the Website and Services are and remain the responsibility of the Customer. The Customer agrees not to hinder the proper functioning of the Website and Services in any way, especially by transmitting any elements that may contain a virus or malicious program that could damage or affect the Website and Services, and more broadly, MONEY WALKIE's information system.
Personal Space and Security
Registering on the Application results in the creation of a Personal Space accessible through the Personal Credentials provided by the Holder. The Holder's Personal Credentials are strictly personal and confidential.
Accordingly, the Holder commits to:
- Keep their Personal Credentials confidential;
- Not share their Personal Credentials with third parties in any form;
- Not allow third parties access to their Personal Space;
- Assume sole responsibility for any disclosure or compromise of their Personal Credentials made in violation of these terms;
Promptly notify MONEY WALKIE of any compromise, loss, or anomaly observed with their Personal Credentials. Otherwise, and barring proof to the contrary, any connection, use of Services, transmission of Payment Orders, or data made using the Holder's Personal Credentials will be deemed to come from the Holder and will be their sole responsibility.
For claims to be taken into account, the Customer must address them to the following email address: support@moneywalkie.com.
Responsibility
The Customer commits to respecting these General Terms and Conditions of Use (CGVU) and to use the Website, Application, and Services provided by MONEY WALKIE in accordance with these CGVU, the specific conditions for each of the Services, and the current laws and regulations.
For the use of the Website and Services, the Customer especially commits not to use, nor allow third parties to use, the Services for purposes that are:
- Against public order and good morals;
- Pornographic;
- Insulting, defamatory, racist, xenophobic, homophobic, revisionist, or damaging to the honor or reputation of others;
- Inciting discrimination, hatred of a person or group of people based on their origin, sexual orientation, membership or non-membership in an ethnicity, nationality, race, or particular religion;
- Threatening to a person or group of people;
- Degrading or damaging to the human person or their integrity;
- Committing a crime, offense or act of terrorism or glorifying war crimes or crimes against humanity;
- Allowing harm to the rights of others and the security of people and property;
- And, in general, using them in any way that tends to allow the above actions.
The use of the Website, Application, and Services is under the sole and complete responsibility of the Customer. The Customer is solely responsible for the information they communicate.
In the event of non-compliant use or illicit exploitation of the Website or Application, the Customer is solely responsible for the damages caused to third parties and the consequences of claims or actions that may result.
The Customer also waives any claims against MONEY WALKIE in the event of legal action by a third party against them due to non-compliant use and/or illicit exploitation of the Website or Application.
The Customer commits to respecting all current regulations applicable in France and abroad.
Customer Personal Data
MONEY WALKIE asks every Customer to provide a certain number of personal details (name, first name, email address, phone number, etc.) to identify them or to guarantee the uniqueness and integrity of their personal access.
The information collected is intended for the management of the Customer's MONEY WALKIE account, for conducting pseudonymized statistical studies, and for sending commercial offers related to products and services acquired by the Customer on the Application.
Commercial solicitations via electronic means that MONEY WALKIE may send to Customers adhere to the following principles:
- The Customer has expressed their consent and has been informed, when they provided their personal data, of the opportunity to freely object to any commercial use of their contact details;
- The subject of the solicitation is related to the execution of the contract and the legitimate interests of MONEY WALKIE.
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, relating to data processing, files, and freedoms, the Customer has the rights of opposition, access, and rectification of data concerning them. All the elements governing the processing and storage of Customers' personal data are presented in MONEY WALKIE's Privacy Policy, accessible from the Website, and comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
To exercise the rights of access and rectification, the Customer must provide evidence of their identity by any means. However, if the evidence does not conclusively identify the Customer's identity, they will be asked to send MONEY WALKIE a copy of their valid ID.
To exercise these rights, the Customer should contact MONEY WALKIE at the following address: support@moneywalkie.com.
The Customer also has the opportunity to inform MONEY WALKIE of their wishes regarding their data after the closure of their account. Accordingly, the Customer can request the deletion of their personal data or, under the conditions provided for in Article 20 of Regulation (EU) No. 2016/679, their recovery in a machine-readable format for their use.
MONEY WALKIE will respond, in accordance with applicable regulations, to requests for the exercise of rights on personal data within one (1) month. In the context of a complex request, this period can be extended by two (2) additional months. The complexity of the request is assessed based on the number of information and/or actions on the personal data requested. In the latter case, MONEY WALKIE will inform Customers of the reasons for this extension within one (1) month.
If the deletion of personal data has not been requested, MONEY WALKIE retains the Customer's data for a period of three (3) years after the closure of their MONEY WALKIE account.
In accordance with Article 6, 5° of Law No. 78-17 of January 6, 1978, as amended, personal data is only stored in a form that allows identification for a duration that does not exceed the necessary duration for which they are collected and processed.
Personal data is only accessible to authorized personnel.
In the personal data collection forms, the Customer is, in particular, informed of the obligatory or optional character of the answers by an asterisk. Failure to provide an answer considered mandatory will prevent the creation of the Customer account.
MONEY WALKIE commits to using personal data in accordance with the provisions of this article and those of its privacy policy, which the Customer acknowledges having read.
MONEY WALKIE does not sell, rent, or disclose personal data to third parties, except as required by law or regulation, to protect its rights and/or those of its Customers.
The Customer acknowledges that they have been informed that they can freely and at any time set guidelines concerning the fate of their personal data after their death. To this end, they can use a trusted third party, certified, and responsible for ensuring that the instructions of the deceased are respected, in accordance with the requirements of the applicable regulations.
ARTICLE X. CUSTOMER WARRANTY
Customers guarantee MONEY WALKIE against all complaints, claims and/or actions of any kind that MONEY WALKIE may suffer as a result of the violation by Customers of any of their obligations or guarantees under the terms of these GCU.
They undertake to indemnify MONEY WALKIE for any loss it may suffer and to pay all costs, including defense costs, charges and/or judgments it may have to bear as a result.
ARTICLE XI. MONEY WALKIE DATA
Customers expressly acknowledge and accept :
- That the data collected on MONEY WALKIE's Site and Application are proof of the reality of the operations carried out within the framework of the present contract;
- That these data constitute the principal means of proof accepted between the Parties, in particular for the calculation of sums due to MONEY WALKIE.
Customers can access this data on the Site and on the Application.
ARTICLE XII. DURATION AND TERMINATION
Services are subscribed to upon registration on the Application.
Under the subscription formula, the commitment begins on the day of its subscription and lasts until the end of the current month. Any month of subscription started is owed in its entirety. It then renews automatically, for successive one-month periods starting on the 1st of each month, unless terminated by MONEY WALKIE no later than one (1) month before the end of the current subscription month.
The Client can, at any time, without charge and with a one (1) month notice, terminate MONEY WALKIE Services by sending an email with electronic acknowledgment of receipt in accordance with article 1369-8 of the Civil Code to the following address: support@moneywalkie.com or by a registered letter with acknowledgment of receipt, to the following postal address: MONEY WALKIE SAS 5 avenue du Général de Gaulle – 94160 Saint Mandé
Termination of the Services by MONEY WALKIE can be done by any appropriate written means, notably by email with electronic acknowledgment of receipt.
Termination of MONEY WALKIE Services results in: The closing of the Account Holder's Personal Space; The closing of the Wallet and the blocking of the Card, under the termination conditions provided in the Treezor Contract.
MONEY WALKIE can, at its sole discretion, close the Account Holder's Personal Space, provided they inform them in advance and with a one (1) month notice. The obligation to respect a notice by MONEY WALKIE is not applicable when suspecting the Client or a third party of misusing or fraudulently using the Card and notifies them by email about the closing of their Space, specifying the reason for its decision.
In case of termination of the Services, the Account Holder must inform MONEY WALKIE of their wish to terminate the Services by sending an email with electronic acknowledgment of receipt to the following address: support@moneywalkie.com or by a registered letter with acknowledgment of receipt, to the following postal address: QIIP SAS, 5 avenue du Général de Gaulle – 94160 Saint Mandé.
Furthermore, the Account Holder must, if their Wallet has a positive balance, also send their IBAN to MONEY WALKIE using the same methods previously outlined so that MONEY WALKIE can send a refund request for the positive balance recorded in the Account Holder's Wallet to TREEZOR. The refund will occur within thirty (30) business days from the receipt of the said IBAN and will only be process on SEPA’s region bank accounts.
ARTICLE XIII. BREACH SANCTIONS
In the event of a breach of any of the provisions herein, or more generally, a violation of current laws and regulations by the Clients, MONEY WALKIE reserves the right to:
- Suspend, remove, or prevent access to the Services of the Client responsible for the breach or offense, or who participated in it;
- Remove any content related to the considered breach or offense, in whole or in part;
- Take all appropriate measures and initiate legal action;
- Notify the relevant authorities when appropriate, cooperate with them, and provide them with all the necessary information to investigate and suppress illegal or illicit activities.
If a Client fails to meet a fundamental obligation arising from these terms, especially due to fraudulent or illicit use of the Services, MONEY WALKIE reserves the right to terminate their access to all or part of the Services at any time and without notice.
This termination automatically results in the closure of the Holder's Wallet, without prejudice to other consequences potentially arising from these T&Cs.
ARTICLE XIV. CHANGES
MONEY WALKIE reserves the right to evolve the Site and the Application, as well as the terms, conditions, and mentions of these or to supplement them with additional contractual conditions at any time, especially in the event of technical, legal, or jurisprudential developments or when introducing new services.
MONEY WALKIE reserves the right to modify these T&Cs at any time. The T&Cs applicable to the Client will be those in effect on the date of the use of the Services offered on the Site by the Client. Clients will be informed of these changes by any useful means two (2) months before they take effect.
Clients who do not accept the modified T&Cs must unsubscribe from the Services as provided for in Article XII.
Any Client using the Services after the effective date of the modified T&Cs is deemed to have accepted these changes.
ARTICLE XV. INTELLECTUAL PROPERTY
The presentation and content of the Site and the Application together constitute a work protected by current intellectual property laws, owned by MONEY WALKIE.
Any total or partial reproduction is prohibited unless previously and explicitly authorized in writing by MONEY WALKIE.
Copyrights
Texts, images, designs, and layout, as well as the graphic charter of the Site and the Application, are protected by intellectual property law. It is forbidden to copy, extract, disseminate, or modify the content of the Site and Application for commercial purposes. Downloading and printing texts, images, and graphic elements are only permitted for private and non-commercial use. Reproducing designs, images, sound files, video sequences, and texts in other electronic or printed publications is prohibited without prior written consent from MONEY WALKIE.
Failure to obtain authorization constitutes copyright infringement.
Trademarks
Brands and logos appearing on the Site and Application are registered and protected trademarks. Any total or partial reproduction of brands and/or logos present on the Site or Application made from elements of the Site or Application without explicit permission from MONEY WALKIE is considered infringement and is punishable by Articles L.713-2 and following of the Intellectual Property Code.
Databases
MONEY WALKIE is a database producer under Article L.343.1 and following of the Intellectual Property Code. The databases established by MONEY WALKIE are protected by copyright and by the law of July 1, 1998, implementing into the Intellectual Property Code the European Directive of March 11, 1996, concerning the legal protection of databases.
Client Suggestions and Recommendations
If a Client decides to communicate to MONEY WALKIE a suggestion or a proposal of ideas or recommendations to improve the Services or Features, the Client acknowledges and agrees to grant MONEY WALKIE an irrevocable, free, transferable, unlimited-duration, and worldwide license, allowing it to integrate these suggestions or proposals into its Services and more generally to exploit them without restrictions, without identifying the Client and without their prior consent.
ARTICLE XVI. SPECIFIC TERMS OF USE FOR THIRD-PARTY PLATFORMS AND TOOLS
In addition to these T&Cs, Clients commit to respecting the general service conditions of platforms providing access to the Site and the Application, and third-party tools used by the Site or the Application, which are available on these platforms' websites.
Using these third-party platforms and tools involves collecting and processing personal data for which MONEY WALKIE cannot be considered the data controller as defined by law n°78-17 of January 6, 1978, amended, concerning information technology, files, and liberties. The data controllers in this case are designated by the concerned third-party platforms and tools.
Clients accessing the Application through the App Store platform declare they have previously accepted and comply with the latest version of Apple Media's general service terms.
Clients accessing the Application through Google's Google Play platform declare they have previously accepted and comply with the latest version of Google Play's terms of use.
Article XVII. TREEZOR
TREEZOR operates within the MONEY WALKIE Application as an Electronic Money Institution and limits the processing of clients' personal data to functionalities and purposes strictly necessary for providing Treezor Services. In this context, MONEY WALKIE acts as a data processor, while TREEZOR acts as the Data Controller, as defined by Article 4 of Regulation 2016/679 of April 27, 2016 (the "GDPR").
The Holder wishing to access Treezor Services within the Application and use the Card agrees to the Treezor Contract, which governs the terms of use of Treezor Services and the Card provided by TREEZOR. The Holder can be informed about this during registration or on the website.
For this purpose, the Holder must accept the Treezor Contract before ordering a Walkie.
Article XVIII. HYPERTEXT LINKS
MONEY WALKIE specifies that the use of hypertext links can direct the Client to other independent websites or applications, separate from the Website or Application. In no case can hyperlinks directed to other sites or applications from the Website or Application bind the responsibility of MONEY WALKIE.
Likewise, inserting hyperlinks to all or part of the Website or Application is permitted on a non-exclusive basis and can be revoked at any time without MONEY WALKIE needing to provide any justification. This link should not misrepresent, mislead, or defame the website. Under this permission, MONEY WALKIE retains a right to object.
MONEY WALKIE cannot be held responsible for any direct, indirect, or incidental damages resulting from accessing or using information from third-party sites.
Article XIX. EVIDENCE AGREEMENT
The Client acknowledges and agrees to subscribe to these T&Cs in electronic format and receive all related documentation in this same format (either by email or on their personal space). Additionally, the Client recognizes these electronic T&Cs, established on a durable medium according to regulations, to have the same evidentiary weight as written paper documents.
By express agreement between the Parties, all electronic records – including data sent by the Client, timestamp tokens, electronically certified dates, connection data related to actions taken from the Client's personal space, emails, etc. - constitute proof of the actions and operations carried out by the Client on the Website. The Parties agree that these electronic records are admissible in court and prove the data and facts they contain.
In case of disagreement, electronic records produced by MONEY WALKIE will prevail over those produced by the Client unless the latter demonstrates the unreliability or inauthenticity of documents produced by MONEY WALKIE.
Article XX. INDEPENDENCE OF CLAUSES
If any part of these T&Cs is found to be void, invalid, or unenforceable for any reason, the term(s) in question will be deemed nonexistent, and the remaining terms will maintain their full force and scope and continue to apply. The nonexistent terms will be replaced by terms that most closely match the content and meaning of the canceled clause.
Article XXI. CUSTOMER RELATIONSHIP AND COMPLAINT HANDLING
MONEY WALKIE's customer service is available:
By email at the following address: support@moneywalkie.com
By mail at the following address: Money Walkie, 19 rue du Mail, 75002 Paris. Customer service is available from Monday to Friday (excluding public holidays), from 9:30 am to 6:30 pm. The service is available in French.
If the Client is not satisfied after discussions with MONEY WALKIE's customer service, they can submit a complaint. The Client should explain the facts and provide previous exchanges with customer service. Any complaint regarding the Services or these T&Cs must be sent by the Client to MONEY WALKIE, indicating "complaint" as the subject, to the aforementioned email or postal address.
Customer service commits to:
- Acknowledging any complaint introduced by the Client within ten (10) working days of its receipt;
- Responding to the Client within fifteen (15) working days after receiving their complaint, in accordance with Article L.133-45 of the Monetary and Financial Code;
- Notwithstanding the above provisions;
- If it reasonably believes that it cannot respond to the Client within fifteen (15) working days, it will send a holding reply to the Client, clearly justifying the additional time required to respond to their complaint and specifying the maximum date by which the Client will receive a response to the complaint notified to MONEY WALKIE;
- If MONEY WALKIE reasonably believes that it cannot handle the complaint without TREEZOR's assistance, it commits to forwarding the complaint to TREEZOR within one (1) working day of its receipt.
If the Client is not satisfied with the handling of their complaint, they can contact, free of charge and without prejudice to any competent jurisdiction's possible referral, the mediator at AFEPAME (French Association of Payment Institutions and Electronic Money), by ordinary mail, at the following address: The AFEPAME Mediator AFEPAME Association 36, rue Taitbout 75009 Paris
The mediator has a period of two (2) months to render his opinion, which is not binding on the Parties.
Article XXII. APPLICABLE LAW AND JURISDICTION
These T&Cs - of which only the version written in the French language shall prevail - and all related matters are governed by and shall be construed exclusively under French law.
Unless otherwise required by mandatory provisions, any dispute regarding the interpretation, validity, and/or performance of these T&Cs, if not amicably resolved between the Parties under the provisions of Article XXI herein, is subject to the exclusive jurisdiction of competent French courts, including proceedings to obtain urgent or protective measures, in summary proceedings or on petition.
Article XXIII. FINAL PROVISIONS
These T&Cs will retain their full effect regardless of any changes that MONEY WALKIE's legal structure and personality might undergo, especially in cases of merger, absorption, or division, whether or not a new legal entity is created.
Unless otherwise expressly provided, these T&Cs express the entirety of the agreements concluded between the Parties concerning MONEY WALKIE Services. They annul and replace all other verbal or written agreements of any kind that might have been concluded between them on the same subject previously.