Terms and conditions Retreebers
Terms and conditions Retreebers (Retreeb App) (12/12/2023)
© 2023 Intergiro Intl AB (publ). Company no: 556965-3537. Regulated by the Swedish Financial Supervisory Authority (Finansinspektionen) under the Swedish Electronic Money Act (2011:755). License no: 48003. Version 1.0_202203
Please read these General Terms and Conditions (the "Terms and Conditions") carefully before accessing and using the websites Retreeb.com, Retreeb.fr and/or the Retreeb APP.
1. Introduction
1.1. Retreeb UAB is a company organised under the laws of Lithuania with registration number 306170165 and having its registered address Kaukysos g. 18-419, LT-11342 Vilnius ("Retreeb", "we", "us", "our"). The current General Terms and Conditions are applicable from 12th of December 2023 for all Customers, intended as natural persons (physical persons, not companies, non profits, etc). The previous version was published on the 23d of February 2022.
1.2. Retreeb has created the Retreeb App and the Retreeb.com, Retreeb.fr web portal (jointly the “Platform”) through which customers in the European Economic Area can access and use a personal payment 1 for the purpose of, among other things, enabling transactions with electronic money.
1.3. For the purpose of setting up the personal payment account, Retreeb has partnered with Intergiro Intl AB ("Intergiro"), a Swedish fintech company that provides electronic money account services and payment card services. Intergiro is licensed and supervised by the Swedish Financial Supervisory Authority (Sw: Finansinspektionen) as an electronic money institution with the authority to issueelectronic money under the Swedish Act on Electronic Money (Sw. Lag (2011:755) om elektroniska engar) and to provide payment services under the Swedish Act on Payment Services (Sw: Lag (2010:751) om betaltjänster). Intergiro will provide a personal payment account (the "Account"), , and we will provide the Platform.
1.4. These Terms and Conditions apply between us and you as a user of the Platform ("Consumer", "you" or "your"). When signing up as a customer to use the Platform, you accept these Terms and Conditions regarding the use of the Platform. Simultaneously, or at a later stage, you may apply for an Account using the Platform, which is integrated with Intergiro’s payment services platform and that provides you with payment services. These Terms and Conditions together with our privacy policy (the "Privacy Policy") form a legal agreement (the "Agreement") between you and us, governing your use of the Platform. This means that you will be a customer of both Retreeb and Intergiro. Hence, you will also be required to accept a set of terms and conditions applicable between you and Intergiro (the "Intergiro Terms and Conditions").
1.5. To access the Platform you need an internet connection, a computer, a smartphone, or a tablet with a web browser. You also need to download and install the Retreeb app on your smartphone or tablet and accept the Terms and Conditions. As of this version, the Retreeb Platform is only available on smartphone, on iOS (Apple manufacturer) and Android operating system. You will find information regarding available test operating systems and versions of web browsers, etc., on the Platform.
1.6. You may only use the Platform for your personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning that it will continue in force until you or we terminate it, in accordance with the provisions of this Agreement.
1.7. The language of the Agreement is English and all communications will be conducted in English unless otherwise stated in the Terms and Conditions. You can at all times download a copy of these Terms and Conditions from the Platform or receive a copy from Customer Support. French and Lithuanian versions are given as a unenforceable and unofficial translation of the English Version.
2. Your Platform Account
2.1. To use the Platform, you will need to create a user account (the “Platform Account”).
2.2. To be eligible to use the Platform and to create a Platform Account you need to:
- be a private individual;
- at least eighteen (18) years of age;
- live within the European Economic Area; and
- have accepted these Terms and Conditions.
2.3. In addition to the prerequisites set out in clause 2.2 above, you must only use your Platform Account for your personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions list of the EU, the UN or OFAC.
3. How to create a Platform Account
3.1. To create a Platform Account,
- Provide your phone number: You will need to enter the phone number you want to associate with your account in the designated field.
- Confirm your phone number through the SMS code received: After entering your phone number, you will receive a code via SMS. You will need to enter this code in the confirmation field to verify that you have
access to the phone number you provided.
- Provide your first name and last name: In the appropriate fields, enter your first and last name as they appear on your identification document.
- Provide your date of birth: Enter your date of birth in the designated field using the format provided (e.g. MM/DD/YYYY).
- Provide your email: In the designated field, enter a valid email address that you have access to. This will be used as a way to communicate with you and reset your password if needed.
- Accept the terms and conditions: Read through the terms and conditions of the platform and, if you agree, check the acceptance box.
- Confirm your email by clicking on a link sent to the provided email: After providing your email, you will receive a confirmation link. Follow the link to confirm that you have access to the email you provided.
- Choose an access code: Create a unique access code to secure your account. It is recommended to use a combination that isn’t used elsewhere.
- Provide a valid identification document: You will need to present a valid identification document such as a passport or national ID card. This document will be used to verify your identity.
- Verify your identity through a liveness check: You will need to complete a liveness check to confirm that you are physically present. This can be done through your webcam or mobile camera and may involve holding up your identification document and following instructions on the screen.
- Answer financial questions to verify your identity and assess your financial status: You will be asked a series of financial questions to verify your identity and assess your financial status. These questions may include information about your income, employment, and financial assets.
3.2. When applying for your Platform Account, you promise and warrant to us that:
- you will utilise the Platform Account for your personal use and for legal purposes only;
- any information and documentation provided by you are authentic, up-to-date, true and correct;
- you will comply with the provisions of the Agreement; and
- you will respect our and our third parties' intellectual property rights relating to the products and services offered to you under the Agreement.
3.3. Please note that you need to inform our Customer Support without undue delay of any change of residential address or any other information relevant to your use of the Platform.
4. Customer support and complaints
4.1. Retreeb will provide customer support services relating to the Platform as well as the Account ("Customer Support") and you are welcome to contact Customer Support if you have any questions about the Platform or your Account. Customer Support is accessible via in-app chat/email on support@retreeb.com. Customer Support is open between 10 A.M and 4.00 P.M CET, from Monday to Friday except public holidays, during Swedish and Lithuanian banking days]. Customer Support is available in English language. The support is also available, upon request, and for account related question only, in French.
4.2. You acknowledge and understand that Customer Support constitutes a first support line, and that Customer Support may need to contact Intergiro or any other partners of Retreeb engaged for the supply of the Platform for second line support as necessary.
4.3. On www.konsumenternas.se you can read more about your consumer rights.
4.4. For any complaints or claims you may have regarding faults or deficiencies in products or services that you have purchased through your Account, please contact the seller of the product or the service provider (i.e., the point of sales) directly. The seller or service provider is liable for such faults or deficiencies in accordance with laws applicable to the purchase, and neither Retreeb nor Intergiro assumes any liability regarding such faults or deficiencies.
4.5 To be able to access the Retreeb Service, the Customer must be equipped with a hardware compatible with the Retreeb Application (mobile phone such as a smartphone, mobile tablet or any other compatible connected object). Even if Retreeb makes its best efforts to optimise the compatibility of its Service, it cannot guarantee that it will work with all the terminals existing on the market and in particular terminals equipped with obsolete Android or I.O.S operating systems.
5. Your personal data
5.1. Retreeb collects and processes personal data about you for the purpose of providing the Platform and the Platform Account to you. Retreeb is the data controller for the personal data processed under the Agreement for the purpose of providing the Platform Account.
5.2. Further, Retreeb is the data controller for Customer Support and is responsible for your personal data processed for the purpose of Customer Support. In addition, Intergiro will collect and process personal data about you in order to provide your Account. Retreeb will, acting as Intergiro’s data processor, process certain personal data collected by Intergiro.
5.3. It is Retreeb's duty to keep the personal data that we process about you safe and secure. We will not disclose information relating to your Platform Account to third parties outside the circle of trusted suppliers we work with to provide the Platform, other than as required by the laws of Sweden, Lithuania or applicable EU legislation. Support is offered in Swedish and English, in the hours when the support is opened. It is important that you understand how Retreeb and Intergiro process your personal data. We and Intergiro value our customers' privacy and process and protect the personal data of our customers in accordance with the requirements of the General Data Protection Regulation (GDPR). Please see our Privacy Policy which sets out the full details on the personal data that Retreeb collects, how it is used and kept safe and for how long it is stored.
5.4 For analytics purposes, Retreeb collects also some non personal data. For more information, check the privacy policy.
6. Fees and charges
6.1. The Platform and your Platform Account will be provided free of charge. Please note however that with your use of the Account, you will be charged for fees and charges in accordance with the pricing information available at the Platform. Please check the “Fees” Schedule. As of November 2023, all usages are free.
6.2 Transactions requiring special handling, in particular when they lead to an operating incident on the Platform (insufficient funds, file fees, management of an unpaid bank card or rejected bank transfer, rejected card payment, etc.), are subject to special billing.
7. Platform Account security
7.1. Unauthorised Use. If you become aware of or suspect that someone has unauthorisedly used your Platform Account, you must contact Customer Support as soon as you are able, otherwise you will be liable for any such unauthorised actions or measures in your Platform Account. If you are notified about any suspicious actions or measures in your Platform Account, you need to inform Customer Support as soon as possible from such notification that an action or measure was unauthorised. If Retreeb detects unauthorized use on your account or on the Retreeb Platform Account, we may block your account.
7.2. Your responsibility. You are responsible for keeping your Platform Account safe. Whilst measures are undertaken to protect your Platform Account, please note that you are responsible for ensuring that:
- your Platform Account and your credentials, ordinary and one-time passwords, means of communication used with Retreeb for authentication purposes (“account credentials”) are kept safe and secure and that you do not keep account credentials or security details together with a device used to access the Platform;
- you use a strong password, which you do not use for any other account or similar, which you update from time to time;
- you do not let any third-party access or use the Platform Account;
- you immediately contact the Customer Support if you suspect or experience that your Platform Account (or any information thereof) is accessed or otherwise used by an unauthorised third party or if you suspect that any account credentials are at a risk of or are being used or otherwise possessed by an unauthorised third party;
- you ensure that all information (including but not limited to your contact details and address) relating to the Platform Account is up-to-date and that you inform Customer Support without undue delay of any change; and
- you always follow the rules and recommendations regarding security of your Platform Account.
8. Changing the Agreement, closing your Platform Account
8.1. Retreeb may unilaterally change the Agreement (including these Terms and Conditions or the Privacy Policy) from time to time, for example to introduce new products or to comply with applicable laws. In case of any changes that could affect your current use of your Platform Account, you will be notified at least two (2) months in advance of such a change. Changes to the “Fees” Schedule will be notified one (1) month in advance. If you do not accept the changes, you should notify Customer Support before the changes take effect. Please note that we may terminate the Agreement with you and close your Platform Account in such a case.
8.2. You can terminate the Agreement free of charge and close the Platform Account at any time without notice. Please contact Customer Support if you wish to terminate your Platform Account.
8.3. Retreeb can terminate the Agreement with you and close the Platform Account with two (2) months’ prior notice for any reason. In case of abuse or unauthorized use, Retreeb may freeze accounts during the 2 months.
8.4. In addition, we may (i) suspend your Platform Account (or any part thereof),or (ii) terminate the Agreement and your Platform Account (or any part thereof) with immediate effect if you, in our opinion, materially breach the Agreement, any applicable laws or if Retreeb is required to do so under any law, regulation, court order, or request of an authority.
8.5. In certain circumstances, Retreeb is prevented from closing the Platform Account due to ongoing investigations concerning the Platform Account. In such cases, we may freeze the Platform Account to complete the investigation.
8.6. You will be notified prior to your Platform Account being closed.
9. Additional legal terms
9.1. Account functionality. With respect to the functionalities of the Account, including collections, payouts, cards, top-ups and transactions, reference is made to the Intergiro Terms and Conditions. You acknowledge, understand and accept that Retreeb will in no event, except for the provision of Customer Support, assume any liability for the functionality of the Account, including but not limited to any of the functionalities referred to in the foregoing.
9.2. Changes to Platform. Retreeb may need to make changes, updates and upgrades to the Platform as it sees fit from time to time. In such a case you will be notified in advance.
9.3. Inactivity. If your Platform Account is inactive, meaning that no log-in has occurred for a period longer than three (3) months, Retreeb has the right to terminate the Agreement with you and close your Platform Account.
9.4. Intellectual property rights. Upon entering into the Agreement, Retreeb grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Platform. All the intellectual property in the Platform is owned by us or our licensors (such as our logo and designs, the content on the Platform, all software and source code, trademarks, know-how, and data related to the Platform). You do not have any right to use our or our licensors’ names, trademarks, logos or other intellectual property. You must not copy, reproduce, modify, reverse engineer or disassemble any of our products, services or any intellectual property rights.
9.5. Performance analytics. To ensure that the services work as intended and in order to provide you with the best customer service possible, we conduct performance analytics based on data shared with us by Intergiro and collected by us . Please refer to our privacy policy if you would like to know more about our processing of personal data.
9.6. Retreeb’s liability. The Platform is provided “as is” and we cannot guarantee that the Platform will be free from faults or interruptions. This is partly due to the fact that we rely on some third parties to provide the Platform.
9.7. Retreeb is not liable for any services provided by Intergiro to you, and we do not undertake any responsibility in relation thereto.
9.8. Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, Retreeb will not be responsible:
- for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation;
- for any damages, losses or costs in connection with or due to compliance with applicable laws, regulations, orders and decisions of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system;
- for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Platform;
- for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Platform;
- for any damages, losses or costs that arise in connection with or due to unauthorised transactions;
- for any damages, losses or costs arising in connection with or due to Intergiro's decision (i) not to onboard you and open an Account for you), (ii) close your Account, or (iii) reject a transaction; or
- for any fraudulent act conducted by any third party contacting you posing to be representing for example us or Intergiro, a well-known company or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins etc. Neither we nor Intergiro request that kind of information or undertake any such action.
9.9. Force Majeure. We shall not be liable for any breach or delay in the performance of our obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic, or any cause beyond our reasonable control (“force majeure event”). Should a force majeure event occur, you will be notified thereof and Retreeb will be excused from performance of the obligations being affected for as long as such force majeure event prevails.
9.10. Severability. If any of the provisions of the Agreement is deemed invalid, unlawful or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and us.
9.11. Assignment. You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with us. You are liable until the Platform Account is terminated. Retreeb may assign its rights or obligations under the Agreement to a group company or to any third party without your prior consent.
9.12. No waiver. Retreeb has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or we previously failed to exercise any right or remedy it is entitled to.
9.13. Swedish law applies. The Agreement shall be governed by Swedish law without regard to conflict of law principles.
9.14. Dispute resolution. If you are dissatisfied with the Platform or your Platform Account, please contact Customer Support. If you wish to present a formal complaint, it should be in writing and include the relevant circumstances of the complaint. In case of a dispute between you and Retreeb, you may file a complaint with the National Board of Consumer Disputes (Sw. Allmänna Reklamationsnämnden (ARN)) in Sweden, which provides alternative dispute resolution free of charge. For more information, please refer to the website www.arn.se or https://arn.se/om-arn/Languages/english-what-is-arn/ . A complaint to the National Board of Consumer Disputes must be submitted in writing. Please note that certain limitations in time and value apply. Retreeb undertakes to participate in the National Board of Consumer Disputes’ processing of the dispute. More information on your consumer rights is available at www.konsumenternas.se.
9.15. You also have the right to use the European Union’s online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/?event=main.trader.register.
9.16. More information about online dispute resolution is available at: https://www.konsumenteuropa.se
9.17. If legal actions are brought against you by Retreeb, the courts of Lithuania shall have jurisdiction to settle any dispute. Retreeb does, however, have the right to bring legal action against you with a court in another country if you are resident in or hold assets in such a country. In relation with Retreeb Intelectual Property, Swiss Courts shall have jurisdiction to settle. In relation with some services offered by our partner Intergiro, the courts of Sweden may be chosen as a jurisdiction to settle any disputes.
9.18. Distance Contracts Act. In accordance with the Swedish Distance Contracts Act (Sw. lag 2005:59 om distansavtal och avtal utanför affärslokaler) you, as a consumer, have the right to withdraw from the Agreement entered into with us as it has been entered into from a distance (withdrawal right). If you wish to exercise such withdrawal rights, you must contact Customer Support within 14 days from the date of entering into the Agreement or from the date you were fully aware of the exact information contained within the Agreement. If you exercise your withdrawal right, Retreeb has a right to compensation for services provided during the time you have used them and for costs incurred up until the time the withdrawal right was exercised.] Please update as relevant. Another applicable law than Swedish law may apply to you.
10. Additional legal terms relating to usage in France
10.1 These General Terms and Conditions for Customers and the “Fees” Schedule form the framework contract for payment services pursuant to Article 314-12 of the French Monetary and Financial Code. Other contractual documents also frame the additional and optional services available on the Retreeb Application and are presented for signature when the user accesses or subscribes to the specific service. Additional terms apply to Businesses receiving payment from Retreeb.
10.2 By accepting these Terms and Conditions, the Customer agrees to use the Service in accordance with its purpose and under the conditions described in these Terms and Conditions. The Customer undertakes not to deceive Retreeb by knowingly concealing its real internet connection address (IP address, Internet Protocol), nor by intentionally modifying the associated parameters, with the aim of deliberately circumventing the articles of the present Individual Terms and Conditions, of deceiving Retreeb on its real location or of intentionally circumventing the security devices that Retreeb has put in place to fight against fraud.
10.3 The Customer joins Retreeb for an indefinite period. Unless otherwise provided for by law, the Service may be terminated at any time and without reason. The Customer may terminate his membership to the Platform at any time and request the closure of his Retreeb Account. If necessary, he/she must pay all the amounts due. The Customer may request the transfer of the balance of his Platform to a bank or payment account held within the European Union. To this end, the Customer shall contact Retreeb Support by e-mail at support@retreeb.com. An e-mail is sent to the Customer confirming the cancellation within five working days following the receipt of the cancellation request.
10.4 The Platform operates under the sole signature of its holder or that of any proxies appointed by proxy. The death of the Customer terminates his membership to the Service and the possible power of attorney on the Platform becomes null and void, as soon as Retreeb is informed of the death through the Client Support. The operations carried out from the Platform of the deceased after the death are, unless the rightful claimants or the notary in charge of the estate agree, considered as not having been authorised. The Platform shall be kept open for the time necessary for the settlement of the estate and Retreeb shall ensure the transfer of the balance of the Platform with the express and written agreement of the successors or the notary in charge of the estate. If within three years after the death of the Customer , the heirs have not made themselves known and/or have not asserted their rights, the balance of the Platform of the deceased Customer is paid to the French Caisse des dépôts et consignations.
10.6 Retreeb may terminate the access of the Customer to the Service, free of charge for the Customer, by simple notification by e-mail, after expiry of a two- month notice period. In accordance with the law, Retreeb is not obliged to give reasons for the decision to terminate. During the notice period, the Customer must take the necessary steps to settle the current transactions. However, Retreeb is exempted from the two-month notice period and may immediately close the Platform for one of the following reasons
- In case of serious misconduct of the Customer (in particular in case of physical or verbal violence, threats or insults against a Retreeb employee) or,
- In case of refusal or lack of response from the Customer to provide additional information on the origin of the funds on his Platform and the economic justification of his payment transactions or,
- In the event of the provision of false, inaccurate, expired, forged or stolen documents or,
- In the event of abnormal operation of the Platform or
- In the event of failure to comply with any of the obligations imposed on the Customer by these Individual User Terms and Conditions.
In addition, in case of detection of an anomaly, an inconsistency or a report likely to be a fraud, Retreeb has the possibility to register a person on a list of persons presenting a risk of fraud. The Individual Customer, likely to be registered on this list, may be contacted by Retreeb according to the type of suspected fraud in order to provide additional information. At the end of the investigations, a written and individual information will be sent to the Customer, specifying the measures taken by Retreeb; he will then be given the opportunity to present his observations, without prejudice to the applicable legal provisions.
10.7 The Service is exclusively reserved for the personal use of the Customer , a natural person defined as a consumer within the meaning of the preliminary Article of the French Consumer Code. The Platform opened hereunder is intended to record the Client's transactions relating solely to his private life, to the exclusion of all professional transactions. Any professional wishing to use Retreeb in the context of an “activité commerciale, civile ou professionelle” activity, then must subscribe to the Retreeb Business.
The Customer must prove :
- That he/she is at least 18 years old OR at least 14 years old and uses the Retreeb Service in agreement with and under the supervision of his/her legal representative;
- That he/she is not under any legal or judicial prohibition or incapacity;
- That all the information provided at the time of registration is true, accurate and up to date and that he/she will inform Retreeb of any change in this information;
- That he/she is acting on his/her own behalf and in his/her own interest;
- That he resides in France or in the European Economic Area;
- That he/she is not already the holder of a Platform with the Retreeb Service;
- That he/she is not or is not assimilated to a "US Person", i.e. that he/she is not a US taxpayer as defined by the US tax authorities and the FATCA Act of 18 March 2010 (Foreign Account Tax Compliance Act): It is the responsibility of the Customer to inform Retreeb in writing of any change in his status as a user of the Service, in particular in the event of a change in his contact details (telephone number, address, e-mail), professional activity, civil status, capacity, marital status, nationality, address (home, tax and postal), identification details of any agents and status (in particular in the event of the acquisition of the status of a citizen of the United States of America or of the so- called "Green Card").
10.10 The Customer is prohibited from using the Service to purchase goods or services relating to illegal activities, contrary to public order or morality, including but not limited to activities
- directly or indirectly threatening, abusive, defamatory, discriminatory, racist, xenophobic, homophobic or otherwise injurious to the honour or reputation of others;
- degrading or offensive to human dignity
- Inciting to commit an offence, a misdemeanour, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;
- Offering or proposing online gambling services not authorised by the regulations (including, where applicable, instant win services) or gambling services prohibited by the regulations, which are based on the requirement of a financial sacrifice by the player and which could lead to the belief that there is an expectation of a win of any kind;
- Allowing third parties to obtain directly or indirectly illegal substances or products;
- Subject to a particular legal regime and exercised in violation of this regime (e.g. tourist agents, medical professions, legal professions, etc.)
- Related to the acquisition, use or transfer of crypto-currencies in an unreasonable, abusive or professional manner and/or as part of an overall fraudulent transactional scheme in the absence of specific security protocols and monitoring of financial flows.
10.11 In accordance with the Eckert Law of 13 June 2014, Retreeb may deduct from an inactive Payment Account an inactivity fee up to an annual limit of 30 euros. The amount of the inactivity fee is indicated in the Appendix Tariffs and Limits and is limited to the available balance on the Payment Account of the Customer.
Any Platform that meets the following two conditions is considered as inactive:
- The Payment Accounts have not been the subject of any Transaction (except for debit entries by Retreeb, fees and commissions of any kind) at the initiative of the Customer or any person authorised by him;
- The Customer has not contacted Retreeb in any form whatsoever for twelve (12) consecutive months. Any account whose holder has died is also considered inactive if, at the end of 12 (twelve) consecutive months from the date of death, the account meets only one condition: none of the beneficiaries has informed Retreeb of their wish to assert their rights on the assets and deposits registered on the accounts if the deceased. As soon as the inactivity is established, Retreeb informs the beneficiaries known to its services of the consequences if the inactivity is maintained over time. This information is renewed annually. In the presence of an inactive account, Retreeb contacts the Customer by email or by sms to the contact details provided in the Application. Retreeb proposes to the Customer to reactivate its Platform or to close it.
If the Customer does not reply to Retreeb's email or SMS or if there are no new transactions on the Payment Accounts and if the balances of the Individual Customer's Payment Accounts are in credit, Retreeb charges a fee for the reactivation of the Payment Account, Retreeb will charge an inactivity fee in accordance with the Appendix Tariffs and Limits and the Platform will be closed after ten (10) years from the date of the last Transaction on the Payment Accounts of the Customer or the date of the last event of the Client, his representative or his proxy, whichever is later. This period is reduced to three years from the date of the Client's death, if no beneficiary has informed the Bank of his wish to assert his rights over the deceased's assets. The Customer shall be informed by any means six (6) months before the effective closure of the Platform. The balance shall be deposited with the Caisse des Dépôts et Consignations and the sums may be claimed by the Customer or his heirs for twenty (20) years from the date of their deposit.
10.12 Individual Customers who reach certain limits, as detailed in the Fees and Limits Appendix, or wish to benefit from specific services (e.g. virtual payment card issuance or paid subscriptions) must obtain "Verified User" status before they can continue using their Retreeb Platform. Otherwise, any payment transaction(s) credited to the Platform not benefiting from the Verified User status, and exceeding the maximum amount that can be credited to a payment account whose identity has not been verified by Retreeb (Article D133-7 of the Monetary and Financial Code) will be put on hold for 7 days in order to allow the Customer to complete the identity verification process. At the end of these 7 days, if the Customer has not completed the identity verification process and has not obtained Verified User status, the pending payment transactions will be cancelled and the funds returned to the issuing bank or payment account(s).
The Customer may request Verified User status at any time, from the Retreeb Application.
10.13 Specific provisions for minors and persons subject to a legal protection regime reserved for adults. All the products and services offered by Retreeb and its Partners on the Application may not be accessible to the Customer if the Customer is minor or adult placed under a legal protection regime reserved for adults.
The principles of opening, operation and closing provided for in these terms and conditions apply to accounts and services opened to a minor client and to a client of legal age under protection and subject to the specificities expressly mentioned herein:
- The Customer of legal age under judicial protection may operate the Individual Account alone unless the special representative has been authorised to do so by the Judge responsible for protective litigation.
- The Customer under simple guardianship may operate the account alone, subject to the specific provisions set out in the decision of the Judge responsible for protective supervision.
- An Customer of full age under reinforced guardianship may not operate the account unless authorised by the guardian or except in accordance with the conditions and limits determined by the order of the Juge des contentieux de la protection.
- The Customer who is an adult under guardianship may not operate the account except under the conditions and within the limits determined by the order of the Judge in charge of litigation relating to protection.
- The future protection agent may operate the account of the protected adult if the mandate so provides. In this case, the Customer under a future protection mandate may not operate his account.
- The Customer under family guardianship may operate his account alone unless specific provisions are included in the order of the Judge responsible for protective litigation.
10.14 Some Professionals in partnership with Retreeb, may offer discounts and rewards to Retreeb's Individual Customers, who can get a prorated refund on their Retreeb Platform, after a purchase made through the app. The details are offered by the related third parties.
10.15 Retreeb and its Partners are also obliged to exercise constant vigilance over the business relationship, in accordance with the applicable texts, and to examine the payment operations and transactions carried out or received by the customer, ensuring that they are consistent with the up-to-date knowledge of the Individual Customer. In this respect, they may have to set up monitoring systems and, in the presence of operations which appear to them to be inconsistent or suspicious, unusual or exceptional, to ask the Customer or, where applicable, his authorised representative, about the origin or destination of the funds, the purpose and nature of the transaction or the identity of the person who benefits from it. In the absence of such information, Retreeb and its Partners reserve the right not to execute the transaction or to cancel it or to terminate the contractual relationship.
The Customer acknowledges that Retreeb and its Partners may issue reports to the competent authorities (Tracfin reports for the fight against illegal financial circuits), voluntarily or on request (response to judicial or administrative requests).
The Customer further acknowledges that Retreeb or its Partners may terminate or postpone at any time the opening of the Platform or the execution of a transaction in the absence of sufficient information on its purpose or nature. Thus, no prosecution based on Article 226-13 of the Criminal Code and no civil liability action may be brought against Retreeb or its Partners, their managers or their employees who have made in good faith the declarations mentioned in Articles L.561-15 et seq. of the Monetary and Financial Code.
10.16 As part of its obligations to combat money laundering and the financing of terrorism, Retreeb and its partners are required to apply additional vigilance measures with regard to politically exposed persons (hereinafter referred to as "PEPs"), subject to specific regulations due to the particular risks weighing on them and/or their close relations in terms of financial support for terrorism, attempted corruption or the circulation of capital of fraudulent origin for money laundering purposes. In view of this higher risk, Retreeb and its Partners are subject, in addition to the due diligence measures provided for any client, to a reinforced control and to additional due diligence measures at the beginning of the business relationship and during the execution of the Service. Retreeb reminds that a PEP is defined under Article L. 561-10 of the French Monetary and Financial Code as: "a person who is exposed to particular risks by virtue of the political, jurisdictional or administrative functions that he/she performs or has performed or those performed by direct members of his/her family or by persons known to be closely associated with him/her, or who becomes so in the course of a business relationship". Consequently, any Customer corresponding to this definition undertakes to perform all necessary diligence to allow Retreeb and its Partners to carry out a reinforced examination of the operations carried out on his Platform, to inform them of any exceptional operation compared to the operations usually recorded on his Platform and to provide them with any document or information required in order to allow Retreeb and its Partners to justify compliance with this specific regulation to the competent authorities. On what occasions can a Retreeb Platform be blocked?
10.17 When a transaction leads to the crossing of one of the thresholds mentioned in the Fees, related to the status of Verified User and when, if applicable, the Customer does not provide the necessary information or documents to verify his identity, Retreeb is not able to execute the transaction and the Platform is temporarily blocked.
The requested transaction can be carried out, as soon as the Customer has provided the required documents and proofs and Retreeb has verified the documents provided by the Individual Customer. The latter then receives confirmation of the unblocking of his Platform by e-mail. The Platform of an Customer may also be blocked by Retreeb if the amount of his transactions, individual or cumulated, exceeds certain limits in a given time (see Appendix Tariffs and Limits). Exceeding these thresholds temporarily prevents the execution of transactions.
10.18 In case of presumed unauthorised or fraudulent use ;
- In the event of a significantly increased or proven risk that the Paying Customer will be unable to fulfil his payment obligation;
- If the Customer is found to be in breach of this Agreement, e.g. if he holds several Platforms with the Retreeb Individual Service.
When Retreeb refuses to execute a transaction, the Customer is informed immediately by e-mail, as soon as possible and, in any case, within three working days from the refusal. Retreeb shall also indicate to the Customer:
- The reasons for the refusal, unless prohibited by other EU or national legislation;
- In case of a material error: the appropriate correction;
- In case of insufficient funds: the need to recharge the Client Account.
Retreeb also reserves the right to block any specific payment instrument in the possession of the Customer for reasons relating to the security of the payment instrument, the presumption of unauthorised or fraudulent use of the payment instrument, the failure to produce appropriate documents and evidence, the measures deemed necessary by Retreeb to comply with its regulatory obligations, or the significantly increased risk that the Customer (or the legal representative) will be unable to fulfil its payment obligation.