Preamble
Luopay has developed an online platform that offers its “Corporate” Customers the possibility of making international payments in foreign currencies (euros, dollars) quickly and efficiently. Our services allow Senegalese and Ivorian companies to pay their suppliers abroad with competitive rates and reduced processing times.
1 - General provisionsArticle
1.1 - Scope
These general conditions of use (hereinafter “the CGU”) constitute the overall framework of the conventional relationship between LUOPAY SAS, whose head office is established at 101 rue de Sèvres 75006 Paris and whose VAT number is FR 424 950 459, hereinafter “LUOPAY”, and its “Companies” Customers.
These T&Cs apply to LUOPAY's “Corporate” Customers, i.e. natural persons acting only in the context of their commercial, industrial, craft or liberal activities, or legal entities.
Derogations may always be made by special conventions whose provisions take precedence over those of this text, in so far as they are contrary to them. If a problem cannot be resolved on the basis of the provisions mentioned, recourse will be had to ordinary law.
As part of this conventional relationship, the Customer chooses the French language.
1.2 - Identity, legal capacity and powers
Entering into a relationship with LUOPAY requires the communication, by the Customer, of the data and documents that LUOPAY indicates to him: the constituent instrument or the most recent version of the coordinated statutes, as well as any acts establishing the powers of the persons authorized to represent them before LUOPAY, the list of directors (s), representatives, beneficial owners as well as the company number and/or registration.
LUOPAY may, at any time, ask its Customers to send it additional information concerning them. LUOPAY also reserves the right to collect this additional information from third parties and other identification services.
This additional information is essential for LUOPAY to carry out its checks and to comply with the laws and regulations that apply to it.
LUOPAY may also ask its Customers to conduct an on-site audit and to examine the records and documents attesting to their compliance with the commitments provided for in these Terms and Conditions.
Given the risks of identity theft, LUOPAY may require before entering into a relationship with a Customer that the latter make an initial transfer of funds from a bank account opened in his name with a recognized credit institution.
LUOPAY is responsible for the consequences resulting from its fraud or gross negligence in registering the relevant data it requested.
The Customer, for its part, is responsible for any damage caused by the failure to transmit the information and/or documents requested or by the communication or production of inaccurate information and/or documents. The Customer must communicate to LUOPAY in writing any changes to the data and documents that he has given him, in particular with regard to powers of representation.
LUOPAY will endeavour to take this into account as quickly as possible. Luopay draws the Customer's attention to the fact that it is his exclusive responsibility to comply with the legal and regulatory obligations applicable to him. LUOPAY can in no way replace him in this field. In particular, the Customer must comply with the tax obligations that apply to him, both in the various countries concerned by his transactions and in his country of residence, and must ensure that any transaction carried out with LUOPAY complies with these laws.
1.3 - Communications
1.3.1 Language of communicationCorrespondence and communications between LUOPAY and the Customer are carried out in the language agreed with the Customer and recorded by LUOPAY in its files.
1.3.2 Means of communicationLuopay corresponds with the Customer by any means of communication appropriate to the relationship with the Customer.
By these same means, it communicates to him any information required under legal, regulatory or contractual obligations.In particular, LUOPAY may correspond and communicate by post, by telephone, by means of a website, a mobile application, by email, by email or via any other technical process.The Customer confirms to LUOPAY that he has regular access to the Internet by simply providing him with an email address, or by subscribing to one of LUOPAY's services.
Postal or electronic letters are sent by LUOPAY to the last postal address (or, failing that, the last known address) or electronic address provided by the Customer. The Customer assumes any consequences and responsibilities in the event of a delay or failure to inform LUOPAY, in accordance with Article 1.3.3 of these Terms of Use, of a change of postal or electronic address, or in the event of a delay or omission in taking note of the content of any correspondence or communication.
The Customer declares to be fully aware and informed of the risks associated with the transmission of e-mails in an unsecured public network such as the Internet. He is personally responsible for choosing, installing, using and adapting adequate measures to secure his email, such as in particular anti-virus software, a firewall or the creation of a robust password. In particular, he takes all reasonable security measures designed to ensure the confidentiality of his password. By choosing or accepting such a communication channel, the Customer releases LUOPAY, except for fraud or gross negligence on the part of LUOPAY, from any responsibility and consequences in the event of interception by third parties of e-mails and/or personal data and/or the documents they contain.
The Customer also undertakes to contact LUOPAY without delay if he finds that his password has been lost or stolen, or that an individual has used or attempted to use his LUOPAY account without his consent. The information that LUOPAY makes available to its Customers can be consulted on its website: www.luopay.co
1.3.3 Modification by the Customer of the language and communication addresses Luopay will endeavor to take into account as soon as possible the modification of the language and/or postal or electronic addresses of correspondence and communication desired by the Customer.
The Customer exclusively uses the channels and technical processes made available to him by LUOPAY to issue this opinion.
1.3.4 Proof The sending to the Customer and the content of the correspondence or communication are established by simple production of a copy of it by LUOPAY, in accordance with the provisions of Article 1.13 of these Terms of Use.
These general conditions of use (hereinafter “the CGU”) constitute the overall framework of the conventional relationship between LUOPAY SAS, whose head office is established at 101 rue de Sèvres 75006 Paris and whose VAT number is FR 424 950 459, hereinafter “LUOPAY”, and its “Corporate” Customers. These T&Cs apply to LUOPAY's “Corporate” Customers, i.e. natural persons acting only within the framework of of their commercial, industrial, craft or liberal activities, or of legal persons. Derogations may always be made by special conventions whose provisions take precedence over those of this text, in so far as they are contrary to them. If a problem cannot be resolved on the basis of the provisions mentioned, recourse will be had to ordinary law.
As part of this conventional relationship, the Customer chooses the French language.
1.4 - Rates, costs and taxes
LUOPAY communicates the standard rates to the Customer. The new or adapted rates are introduced by the communication to the Customer, in accordance with Article 1.3 of these Terms of Use, of the modification made by LUOPAY.They come into force at least one month after the communication initiated by LUOPAY.
The Customer may, within the period provided for in Article 1.8, terminate, free of charge, the agreement concerned by the modification of the rate in the event of disagreement of the Customer with it. In particular, the Customer is responsible for: the shipping or transport costs of all assets and documents, mail costs and documents, mail costs, telex, telephone costs and any other expenses incurred on behalf of or in the interest of the Customer; the costs of any measures taken by LUOPAY for the conservation or recovery of its rights with respect to Customers; all writing and recording rights, all taxes, all taxes and levies due due to or in connection with a transaction with LuoPay. All the fees mentioned above are, unless otherwise expressly stated, debited the Customer's LUOPAY account.
1.5 - Modification of the CGU
Any modification to these T&Cs is agreed by LUOPAY and the Customer by making them available on the LUOPAY website: Www.luopay.com.
The CGU come into force at least one month after the communication initiated by LUOPAY, unless legal or regulatory obligations impose another deadline.
Notwithstanding the period provided for in Article 1.8., the Customer may, within the month following the communication of the new T&Cs initiated by LUOPAY, terminate, without the fees that would normally be applicable, the agreement in question in the event of disagreement on, respectively, the modification made to these T&Cs or to the agreement in question, except when this modification results from a legal or regulatory obligation or is made to the advantage of the Customer.
1.6 - Confidentiality
LUOPAY may not communicate to third parties any information relating to its Customers unless they have received their express authorization or are required to do so by law, or if a legitimate interest motivates it.For the purposes of this Article, LUOPAY Collaborators are not considered to be third parties.
For the purposes of this Article, “Collaborator” means the natural person who is involved in the relationship with the Customer or in the processing of his data, in execution of any agreement concluded with LUOPAY or with a company belonging to the Group of which LUOPAY is a member.
In particular, employees, mandataries, commissioners, commissioners, commercial agents, subcontractors as well as outsourced service providers (outsourcing) are targeted.
For the purposes of this Article, the concept of Group refers to a group of enterprises composed of a parent company, its subsidiaries and companies linked to this parent company. From this perspective, the concepts of parent company, subsidiary and related company must be understood according to the meaning given to them by Articles 1:15 and 1:20 of the Companies Code.
1.7 - Processing of personal data
LUOPAY processes Customers' personal data in accordance with its Privacy Policy, available on its website. www.luopay.coAll legally required information relating to personal data collected and processed by LUOPAY, the purposes for which this data is processed and the rights of the natural persons whose data is processed can be found in the LUOPAY Privacy Policy.
When Customers communicate to LUOPAY personal data relating to natural persons (for example representatives, employees, or beneficial owners), they must bring the Privacy Policy and its updates to the attention of these persons. The Privacy Policy is subject to change in accordance with the rules set out in it.
1.8 - Termination of relationships
Both the Customer and LUOPAY may, at any time and without reason, terminate all or some of the agreements of indefinite duration that bind them by sending an email with acknowledgement of receipt and with a notice of two months from the date of sending.
Both the Customer and LUOPAY may, in the event of non-performance of one of the commitments provided for in these Terms of Use or a breach of trust, terminate all or some of the agreements that bind them with immediate effect, without prior notice, by sending an email with acknowledgement of receipt.
The proof of sending the email will result sufficiently from the printing of the corresponding acknowledgement of receipt.
Termination does not exempt the Customer from his responsibilities with respect to the transactions carried out or from his commitments to LUOPAY.
The commissions received in advance by LUOPAY will be refunded to the Customer at Prorata temporis.
1.9 - Death
In the event of the death of a Customer, LUOPAY must be notified as soon as possible. If this notice is given verbally, it must be confirmed in writing.
Upon receipt of this writing, LUOPAY will ensure that no transactions are carried out by possible agents. The assets held by LUOPAY in the name of the deceased will be released in favor of the heirs and/or assigns of the Customer upon production of official documents establishing the transfer of the succession, as well as any document required by law and/or that LUOPAY deems necessary.
LUOPAY checks these documents carefully but only answers for its fraud and gross negligence in examining their authenticity, validity, translation or interpretation, especially when it comes to documents established in a foreign country. Any operation involving the assets that LUOPAY holds in the name of the deceased may be subject to the mutual agreement of all those who are called upon to collect the assets composing the estate, by legal or testamentary means.
1.10 - Responsibility
LUOPAY is only responsible for its fraud and any gross negligence committed, in the context of its professional activities, by it or its staff.
In addition, LUOPAY can only be held responsible for the direct consequences of its gross negligence.
Thus, it is not liable for the indirect damage resulting from it, namely, in particular, any commercial, professional, financial or other losses of the Customer, such as loss of earnings, increased general expenses, the disruption of planning, the disappearance of profit, reputation, customers or expected savings.
In any event, LUOPAY can never be held responsible for damage resulting directly or indirectly from a case of force majeure or measures taken by French or foreign authorities. Consequently, it is not liable for the harmful consequences, resulting in particular: a fire, flood or any other natural disaster; a strike by its staff; a decision by a governmental authority or the central bank of a country; an embargo or a financial, economic or commercial sanction; an embargo or a sanction of a financial, economic or commercial nature; operations ordered by persons vested with de facto power in the event of war, unrest, riots or occupation of territory by foreign or illegal forces; from decommissioning, even temporary and for any reason whatsoever, of its computers, as well as of the destruction or deletion of the data they contain; errors or an interruption of the activities of Belgian or foreign postal services, companies that provide telephone services or any other electronic service, companies that provide telephone services or any other electronic service, or private transport companies.
1.11 - Embargoes, compliance policies and duties of care
The term “Sanctions” covers all financial, economic or commercial sanctions or restrictive measures established, administered, imposed or implemented by the European Union, France, the United Nations Security Council, the Office of Foreign Assets Control in the United States (OFAC) and/or the “U.S. Department of State” or any other competent authority.
The Customer, when he is a legal entity, declares and guarantees to LUOPAY: that neither he, nor any of his subsidiaries, directors or directors or, to the best of his knowledge, any companies associated with him, no agent or employee, is engaged in an activity or conduct likely to violate the laws, rules and conduct likely to violate the laws, rules and regulations applicable in any jurisdiction competent to combat money laundering and corruption; that neither he, nor any of his subsidiaries, directors or directors or, to the best of its knowledge, none of the companies that are related to him, no agent or employee, is a natural or legal person (a “Person”) who is, or is owned or controlled by Persons who are, (i) subject to Sanctions measures (a “Person under Sanction (s)”), or (ii) located, established or residing in a country or territory that is, or whose government is, subject to sanctions measures (a “Person under Sanction (s)”), or (ii) located, established or residing in a country or territory that is, or whose government is, subject to sanctions measures Sanctions prohibiting, in general, dealing with this government, country or territory (a “Country under Sanction (s)”).
The Customer, when he is a legal entity, specifically undertakes to and guarantees not to — directly or indirectly — use the services offered by LUOPAY: (i) in order to finance activities or business of or with any person, or in any country or territory, likely to be a person under Sanction (s) or a Country under Sanction (s) or a Country under Sanction (s), or (ii) in any other way that would result in a violation of Sanctions by a person.In the analysis and processing of transactions entrusted to it, LUOPAY takes into account Sanctions mentioned above. The same applies if, in LUOPAY's opinion, the nature, the object, the context, the context, the conditions and, more generally, the circumstances of a transaction do not comply with LUOPAY's policies in terms of compliance with these Sanctions or the fight against money laundering or the financing of terrorism.
For this purpose, LUOPAY uses automatic transaction filtering systems. LUOPAY reserves the right not to execute or to postpone the execution of a transaction (i) that would be or could be in violation of these Sanctions and policies or (ii) that would be or could be considered suspicious under the legislation relating to the fight against money laundering and the financing of terrorism or (iii) when the automatic transaction filtering systems block this transaction. The Customer undertakes to provide LUOPAY with any document and/or information that LUOPAY deems useful in order to determine whether a transaction complies with these Sanctions and policies or is suspicious under the legislation relating to the fight against money laundering and the financing of terrorism.
Otherwise, LUOPAY will not be able to execute the said transaction.
In the event that a Customer has doubts as to the compliance of a planned transaction with these Sanctions and policies, he is invited to contact LUOPAY before instructing LUOPAY regarding this transaction.
1.12 - Complaints
The Customer may send a complaint to LUOPAY by sending a letter by post to LUOPAY SAS, whose head office is established at 101 rue de Sèvres 75006 Paris or, by email, to the following address: operations@luopay.co.
1.13 - Proof
Without prejudice to mandatory legal provisions or public order which would set specific rules in terms of evidence, LUOPAY will be entitled to rely on its own accounting as evidence against a Customer.
LUOPAY can administer the proof of a legal act by means of a copy or reproduction of the original document, regardless of the nature or the amount of this act.
The proof of the act carried out by means of a technical method may be administered by means of said technical method. This copy or reproduction has the same force and evidentiary value as the original of the act.
The copy or reproduction of the document may take a form different from the original when it results from the use of any technical process.
1.14 - Applicable law and attribution of jurisdiction
The relationships between LUOPAY and the Customer are subject to French law and French law accordingly regulates the solution of any disputes that may arise between them during these relationships.
Without prejudice to the application of Article 1.12, only French courts are competent to settle disputes arising between LUOPAY and the Customer in the context of their relationships.
2 - Perform payment transactions.2.1. Payment instructions
You can initiate payments to your international suppliers by following the instructions available on your online account on the LUOPAY platform.
This procedure includes submitting payee details, such as name, address, and bank or electronic details. Please follow the steps provided carefully to ensure that the transaction is processed correctly.
2.2 - Verification of the beneficiary's contact details
It is your responsibility to check the accuracy of the payee's details before finalizing the payment transaction.
LUOPAY will not be responsible for errors or losses resulting from incorrect or incomplete information provided by you.
2.3 - Currency conversion
For payments that require currency conversion, LUOPAY uses third-party payment partners that specialize in currency conversion.
When a payment transaction involves a conversion, you will receive an offer including:
- The total amount to be deducted or transferred: The amount that will be taken from your account or transferred to the beneficiary.
- The exchange rate: The rate applied for the conversion of your currency into that of the beneficiary, provided by our payment partners.
- The validity period of the exchange rate: The period during which the exchange rate is guaranteed. After this period, the rate may be changed.
2.4 - Cancellation of transactions
Once the funds have been transferred to our payment partner, the transaction cannot be cancelled. You will not be able to recover the funds after they have been sent.
2.5 - Refusal of treatment
We reserve the right to refuse any payment transaction if we suspect fraudulent or illegal activity, or if we encounter problems with the payment partners involved.
This right is exercised to protect all parties involved and ensure compliance with applicable regulations.
This release clarifies that LUOPAY uses payment partners for currency conversion and clarifies how these partners influence the payment process.
3 - Complementary Services
3.1. Luo may offer additional services from time to time. These services may be subject to separate terms and conditions.
3.2. You will be informed of the applicable fees and must validate your agreement to access these services.
4 - Changes to the General Conditions
4.1. We reserve the right to change these Terms and Conditions at any time. You will be notified of any changes by email or via our website.
4.2. If you continue to use the Luo services after the modification of the General Terms and Conditions, you accept the changes made.
5 - Contact
If you have any questions regarding this Agreement or the Luo Services, please contact our customer service team at mansour.samb@luopay.co.