General Terms of Use

Preambule

The Terms of Use of the Site describe:

 - the operation of the Site

- the functioning of the contributions and the different services and options that we propose,

- the Terms of Use relating to the user community and our privacy policy.

Legal information

By checking the box "I have read the TOU and I accept them" located at the bottom of the page on the registration form, the User acknowledges that they are fully informed and that they are bound by all the provisions provided in these Terms of Use. These terms may be updated at any time. We advise you to visit them periodically to find out about the latest terms in effect. Access to the Site is dependent on full acceptance of these terms. If you do not accept these terms, you will not be able to register on the Site.

Definitions

By "Contribution" we mean the donation of a sum of money, the amount of which is chosen by the User, in the form of Euros, and paid by credit card via the Online Payment Server. The Contribution is intended for the Project chosen by the User.

By "Contributor" we mean any User who has paid a Contribution.

By "KUNVI Member" we mean people who are registered on the KUNVI crowdfunding site and who have decided to either make a loan or not to finance a proposed project.

By "Entrepreneurs du Monde", we mean the Entrepreneurs du Monde Association, whose head office is located at 4 aisle du Textile 69120 Vaulx-en-Velin, represented by Mr. Franck Renaudin, in his position as Founder and General Manager.

By "Local Partners", we mean the micro-finance institutions and social enterprises created and/or supported by Entrepreneurs du Monde and that allow access to disadvantaged populations:

 - the creation and/or development of an income-generating activity, financial services such as savings and insurance,

 - essential energy products and services, such as lighting and ecological and economical means for cooking and living etc.

By "Projects" we mean the actions of Local Partners who need funding and who can be the beneficiary of a Contribution by the User via the Site.

By "Online Payment Server" we mean the company Lemon Way, SAS with capital of 860,232.53 euros, number SIREN 500 486 915, located at 14 rue de la Beaune, 93100 Montreuil, France, a company that offers a method for secure online payment.

By "Site" we mean all the features and services that we make available through our website at the URL www.xetic.entrepreneursdumonde.org or by a redirection link.

 By "User(s)" we mean Contributors who have made one or more Contributions on the Site as well as members registered on the Site but who have not made a Contribution. 

By "XETIC" we mean the non-profit organization whose mission was to contribute to the reduction of poverty, to fight against social exclusion, and to advance men and women on the path of autonomy and dignity by linking lenders and micro-entrepreneurs. XETIC merged with Entrepreneurs du Monde on December 31, 2015. The crowdfunding platform created by the XETIC association then changed its name in October 2017 and became KUNVI.

By "KUNVI" we mean the crowdfunding platform managed by Entrepreneurs du Monde that is dedicated to financing its programs.

Actions of Entrepreneurs du Monde

Entrepreneurs du Monde enables thousands of women and men in precarious situations to improve their living conditions: it supports them in their own economic initiatives and facilitates access to products that are eco-friendly and that have significant health, economic and social impacts (solar lamps, gas stoves, improved wood / coal fireplaces).

EdM helps these men and women to put themselves in a position of success, and thus to achieve economic and social progress. Its purpose is to enable a growing number of particularly disadvantaged populations to create or develop an income-generating activity and access employment, particularly through loans, savings and vocational training. For this purpose, EdM creates and/or supports local microfinance institutions (MFIs).

Entrepreneurs du Monde also promotes the access of micro-entrepreneurs and other disadvantaged populations to essential products and services, such as lighting and ecological and economical means of cooking. EdM create and support social enterprises that train micro-franchise resellers who promote and distribute these innovative products and services.

 The association does not have any political or religious affiliation.

Operation of the Site

Entrepreneurs du Monde edits and manages the Site, the purpose of which is to:

• Connect Users with Local Partners and Projects;

• Present to Users the Local Partners and Projects in need of financing;

• Allow Users to make a Contribution to Local Partners and Projects of their choice;

• Allow Local Programs to obtain funding for their Projects (support micro-entrepreneurs or a specific project (eg training program, development of activity in rural areas, etc.);

• Provide Users with discussion tools regarding Projects and Local Partners;

• Provide Contributors with information on the Projects to which they have contributed.

 

The Allocation of Contributions

Entrepreneurs du Monde agrees to donate the Contributions to the Local Partners and Projects chosen by the Contributor.

However, in the event that the total amount collected for the Local Partner or the Project exceeds the required amount, the Contributor agrees that its Contribution will be used for another Entrepreneurs du Monde project, according to the priority of needs of the moment. In the event that it becomes impossible for the Local Partner to conduct its project, Entrepreneurs du Monde is authorized to suspend the current collection. More generally, Entrepreneurs du Monde can discretionarily cancel an ongoing collection and delete a Project. In this case, Entrepreneurs du Monde will inform the User of the allocation of its Contribution to another Local Partner/ Project. Entrepreneurs du Monde will make its best efforts to provide information to Users who have made a Contribution concerning the Local Partner's updates and/or the implementation of the supported Project.

Commissions and repayment of sums collected

Access to the Site by the User is free. There is a 12% is deduction from the Contribution to a Project for the financing of the running costs of the Site and Entrepreneurs du Monde. This allows EdM to cover, in particular, costs related to blue card operations, fees related to international transfers, the maintenance and development costs of the platform, etc. The rest is intended to finance the Local Partner and / or Project chosen by the User. 

Using the Online Payment Server

The online donation application is made available to Entrepreneurs du Monde by the provider Lemon Way S.A.S.  SAS has a capital of 860,232.53 euros, number SIREN 500 486 915, located at 14 rue de la Beaune, 93100 Montreuil, France, and is a company that offers a secure online payment method. It is the responsibility of Entrepreneurs du Monde, in connection with the service provider, to correct the erroneous information or typographical errors encountered on the application. Entrepreneurs du Monde remains the only contact for the Users of the application.

The "3D Secure" device linked to the application to enable online payment guarantees security by the contract between Entrepreneurs du Monde and the service provider. To access Lemon Way’s Terms of Use, click on the following link: LEMON WAY TERMS OF USE

Data Processing and Rights

In accordance with the Data Protection Act No. 7817 of 06/01/1978, Users have the right to access, modify, rectify and delete data concerning them. It is possible to exercise this right by sending a simple request to Donation and Sponsorship Services (don@entrepreneursdumonde.org - 04.37.24.71.67 or by mail to "Communication Services, Entrepreneurs du Monde, 4 Allée du Textile 69120 Vaulx-en Velin ").

Certain information, details or content (in particular photography), which you can provide on a voluntary basis during the creation of your account, are likely, under your responsibility, to reveal your ethnic origin, your nationality, your religion and / or your sexual orientation. By providing such information, that of is all optional, you express the wish and, therefore, your explicit consent to the processing of such data deemed "sensitive" by Entrepreneurs du Monde and you take freely the sole responsibility.

Generally, you recognize that:

• your personal information entered during registration (mandatory fields) and any additional information entered in the non-mandatory fields provided for this purpose will be publicly accessible on the site under your responsibility,

• you are solely responsible for other information of any kind that you may communicate to other Users while connected,

• information about the Local Projects and Partners you support will be available to any visitor of the site at any time.

Contributions are visible only to Entrepreneurs du Monde.

The use of collected data 

The data collected by Entrepreneurs du Monde at the time of registration on the Site are kept in the strictest confidentiality, and for the sole use of the association. Following registration, the Contributor is subscribed to the Entrepreneurs du Monde newsletter (maximum frequency: 2 mailings per month); You can unsubscribe or change your subscription preferences through sending a simple request to the Donation and Sponsorship Service via the online form, or at the following address: newsletter@entrepreneursdumonde.org - 04.37.24.71.67.

In order to improve the ergonomics, the navigation, the editorial content and the service to the internet surfers, the statistics manager of the Site stores information concerning the profile of the Users and their visits on the Site and on the application of the Server Online Payment. The purpose of this traceability is not to collect personal information or IP addresses. The data is collected solely for the purpose of compiling statistics on the use of our Site.

Tax exemptions of donations

Entrepreneurs du Monde is an association recognized as a public benefit by law since 1901. As such, the Contributions made to it are tax deductible, for individual Contributors taxable in France up to 66% of the amount of the donation within the framework of income tax, within the limit of 20% of taxable income. If the limit is exceeded, it is possible to carry forward the surplus over the next 5 years. But the amounts carried over can be added to the donations made each year only within the limit of the annual threshold. A tax receipt is sent to Contributors before the annual income tax declaration deadline. This receipt must be kept in case of inspection by the tax administration.

Intellectual Property

Unless expressly authorized by Entrepreneurs du Monde, any reproduction or copy of the contents on this Site (texts, logos, photos) for purposes other than private use is prohibited. All trademarks and names mentioned on the site belong to their respective owners and are protected by the French law of the intellectual property. For any request for authorization or information, contact us.

Use of the Site

When registering and using the Site, you agree:

 - the information provided, including personal information, is accurate, complete and up-to-date at all times and, if necessary, make the necessary modifications for that purpose, 

-to keep confidential information about the username and password of your account, and to be responsible for the fraudulent or inappropriate use that could occur,

- not to create multiple accounts.

In addition, because Entrepreneurs du Monde is not obliged and does not have the technical means to ensure the identity of the persons registering on the site, it is not responsible in case of usurpation of the identity of the User. If the User has reason to believe that a person fraudulently uses they identification or their account, they must immediately inform Entrepreneurs du Monde. In case of loss or theft of identification, the User is responsible for any harmful consequences of this loss or theft, and must use, as soon as possible, the resources provided that allow account modification. In the event that the User becomes aware of another person's access to their personal account, the User will immediately inform the manager of the site by e-mail to the address don@entrepreneursdumonde.org or by mail to " Communication Services, Entrepreneurs du Monde, 4 Allée du Textile 69120 Vaulx-en-Velin ».

 

When using the Site, you agree to:

 • comply with the rules and practices in force on the Internet known as Netiquette (see http://www.afa-france.com/netiquette.html),

• not to publish, transmit, share or otherwise make available any defamatory, abusive, reprehensible, illegal or infringing content of a third party (image rights, intellectual property rights, privacy , etc.),

• not to publish, transmit, share or otherwise make available any advertisements, solicitations, promotional content, junk mail, spam, chain letters, pyramid sales or other forms of unauthorized or unsolicited solicitation,

• not to solicit personal information from other Users or passwords or personal data for commercial or illegal purposes, 

• not to copy, reproduce or otherwise use the content related to other Users of the site other than for the strict requirements of use for personal and private purposes,

• not to publish content that may infringe the rights of others or the law relating to intellectual and industrial property,

• not to publish official documents or financial information,

• not to extract or collect e-mail addresses or other information relating to other Users by any electronic or other means for the purpose of sending e-mails or other unsolicited communications,

• not to use the site in an unlawful manner or by any other means likely to damage, disable, overburden or alter the site, • not to use automatic scripts to collect information from the site or interact with the site, 

• not to publish, transmit, share or make available any element or information containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications.

 

In the event that you violate all or part of these clauses, Entrepreneurs du Monde reserves the right to unilaterally delete your account without prior notice and to prohibit you sine die from opening a new account. The user must be of age.

Responsibility of Entrepreneurs du Monde

Entrepreneurs du Monde can only be held liable by a User if the definitive and definite proof is established of a fault committed by Entrepreneurs du Monde or by one of its service providers involved in the performance of contractual obligations. Entrepreneurs du Monde will not be liable for damages suffered by the User when the User is the root cause or when they result from a case of force majeure. Entrepreneurs can not be held responsible for compensation for indirect, consequential damages. Entrepreneurs du Monde can not be held responsible for the User in case of failure to communicate if they do not update his personal information and, in particular, their e-mail address. It is the same if the User is unable to retain his password or account information. Entrepreneurs du Monde reserves the right to temporarily suspend access to the Site for technical or maintenance reasons without these operations giving rise to any right to any compensation. Entrepreneurs du Monde is committed to implementing all the necessary means to limit this type of interruption. The Site complies with the French legislation in effect. The responsibility of Entrepreneurs du Monde can not be held liable for failure to comply with the laws of the country of the User.

Dispute Resolution

The parties commit themselves to finding a solution to the dispute which could not have been settled amicably by appointing a single mediator who is mutually agreed upon. If the dispute continues to persist at the end of the proposal of the mediator, the parties retain the faculty to resort to the competent jurisdiction to settle the dispute. In this case, any dispute relating to the interpretation and execution of these Terms will be the exclusive jurisdiction of the court of Lyon. Validity Clause If any part of these Terms is invalidated or not applicable, the remainder will remain in force and applicable. Similarly, should a stipulation be missing, it will be replaced by a provision that is legally valid and conforms to the purpose of these Terms.

Mise à jour le 10 octobre 2017