The Publisher makes available to Users different Services accessible by creating a metennkoste account (hereinafter the “metennkoste account”).The User is informed that the Publisher reserves the right to modify or delete, at any time, without notice and at its sole discretion, all or part of its Services.
2.1 Terms of registration for the Services
2.1.1 Access to certain Services is subject to registration of a metennkoste Account, which is a free and personal Service allowing the Registered User to benefit from the ability of managing their metennkoste.com Account and the Services associated with it. Such as in particular the Interactive Services defined in the GTCs below.
2.1.2. To create a metennkoste.com Account, the User must:
- Fill out a registration form by providing personal information, such as in particular the name, first name, email address, password, identity card number which will then make it possible to identify and facilitate the access to Services;
- The User undertakes to provide true, accurate and complete information on the form. The User undertakes to update this information each time the situation changes. If the information provided by the User turns out not to be true or does not correspond to his banking information given in a second place, this one will not see his money pot or participation accepted; and
- Minors are not allowed to register for a metennkoste account to use the service (s).
2.2 Identifier management
2.2.1. The password allows each User to identify himself and connect to the Services. It is personal and confidential and can only be modified at the request of its holder or on the initiative of the Publisher.
2.2.2. Each User is fully responsible for the use of his password which he undertakes to keep secret and not to disclose in any form whatsoever to third parties. In the event of loss, theft or any fraudulent use of their identity or password, the User must immediately inform the Publisher. The User can then: Request the replacement of his Identifiers when there is a risk that they will be used by a third party;
2.3. Registration procedure on the Site
2.3.1. When registering, the User must transmit all the information required by Metennkoste.com. Each User is fully responsible for maintaining the confidentiality of his Identifier. He agrees not to use the money pots (unless gifted to him), name or Identifier of another User at any time, or to disclose his Identifier to a third party. He agrees to immediately notify Metennkoste, in the event that he suspects fraudulent or unauthorized use of his Identifier. He is solely responsible for any use of his Identifier.
2.3.2 Each User is required to accept the terms of the Contract before using the services of Metennkoste. The acceptance of the GTC is carried out remotely via the Site and is materialized by an electronic signature or a check box. The Contract concluded between the Parties by electronic means with the same probative value as a Contract on paper.
2.3.4 Registration will only be carried out upon receipt by the User of a confirmation email sent to the email address indicated by him, which confirmation also formalizes MEK’s agreement to enter into contact with the User. MEK may, without having to provide an explanation, not comply with a request for registration, such refusal not giving rise to any compensation. MEK reserves the right at any time to ask the User to provide it with information, additional identification data, as well as any supporting documents it deems useful.
2.3.4 The User declares that all the information provided at any time to the Site is sincere, exact and up to date and that the documents submitted have not been subject to any alteration, modification or falsification. The User agrees to inform MEK as soon as any information provided during registration is no longer accurate and for the duration of the Contract.
2.4. Use of Payment Services
2.4.1. The Organizer may use the Payment Services provided only:
- after having sent MEK the required information and documents;
- after having finalized the creation of his profile; and
- when registration on the Site has been confirmed.
2.4.2. It is expressly agreed between the Parties that MEK may require, prior to the conclusion of these conditions and throughout the performance of the Contract, any document and supporting documentation necessary for the identification of the Beneficiary, of the Participants, for verification of their identity and for understanding of the Object of the money pot. A Payment Account cannot be opened if a supporting document or requested information has not been sent by the Organizer to Metennkoste.
2.6. Creation and operation of a money pot
2.6.1. Creation of the money pot by the Organizer
188.8.131.52. The Organizer must be previously registered and have a Profile on the Site before creating a money pot or project. Each time the money pot or project is created, the Organizer will indicate:
- The name of the money pot/ project;
- The category of money pot he wants to create;
- The Object and / or Event it wishes to finance;
- The target amount, if any, of the money pot
- Possibly the amount of the Participation suggested to each Participant;
- The end date of collection. The collection period must be at least 2 (two) calendar days from the opening date of the Pool. It is at most equal to six months and
- (182) calendar days from the opening date of the Pool;
184.108.40.206. The above elements including the Object, the Event and the Beneficiary if applicable, must be filled out carefully. These fields determine the subject of the mandate given by the Participants to the Organizer. The content of these fields and their compliance are the sole responsibility of the Organizer. Metennkoste can in no way be held responsible for the Organizer’s non-compliance with the mandate entrusted to it by the Participants.
220.127.116.11. A Money Pot is only valid if it has been the subject of several Participations by different Participants, the existence of a single Participant can lead to the cancellation of the Pool. Metennkoste cannot be held responsible for any errors on the identity of the Organizer and / or the Beneficiary and / or the Participants, on their qualities and / or on any information concerning them being foreign to the existing relationship between the Participants, the Beneficiary and the Organizer.
18.104.22.168. When an Organizer creates a Pool on behalf of a third party, it is specifically stipulated that MEK will not carry out any verification on the nature and existence of the relationship between the Organizer and the third party so that it belongs to the Participants to perform their own due diligence to ensure the reality of the quality advanced by the Organizer.
22.214.171.124. MEK collects in particular information relating to the beneficiary, the Object and / or the Event, the amount and the calendar of the pool declared by the Organizer. As long as MEK considers that the information provided is insufficient, imprecise or suspicious, the Pool and the Payment Account will be suspended until satisfactory receipt of the requested information and / or additional documents.
126.96.36.199. MEK reports regularly by email and on the Site, on the progress of the Participations. The communications made by MEK do not discharge the Organizer of its obligations towards the Participants, and in particular of the obligation of rendering an account which falls to him with regard to each of the Participants under the mandate that the latter him trust. Any inaccurate or misleading indication is likely to engage the responsibility of the Organizer towards MEK, the Participants and also the Beneficiary.
2.7. Management of the Pool by the Organizer
2.7.1. The Organizer is solely responsible for the administration of the Pool. The Organizer can choose at any time:
- Increase the target amount;
- To invite any new Participant;
- To modify the date of end of collection;
2.7.2 The Organizer undertakes, after the creation of the Pool, to respect the mandate it has received from the Participants by refraining from modifying the essential characteristics of a Pool which are mainly the identity of the Beneficiary and / or the the pledge he has made towards the future participants of the money pot pertaining to the Object / Event of the money pot.
2.8. Participations in a Pool or money pot
2.8.1. General principles
2.8.2. A Participant may be invited, by an Organizer or by another participant, to pay a Participation in the Pool organized by the organizer.
2.8.3. Participation can be paid by payment methods available or indicated
on the site. Transfers will only be accepted from Mauritian banks. Entries received from any other banks (offshore banks, banks abroad) will be refused. It is specified that the maximum amount of an Entry is set at Rs 50,000 by Metennkoste and is binding on Users. Each Entry is credited to the account of Metennkoste. When the Pool expires, a transfer is made to the Organizer or Beneficiary account with service fees deducted.
2.8.4. The Organizer is informed by email of any new Entry. By paying an Entry, the Participant gives the Organizer a mandate to use all or part of the amount of its Entry, to finance the Object / Event of the Pool. The Participants and the Organizer make their personal business of their mutual relations. In any case, the payment of a Participation in a Money pot or Pool intended for a Beneficiary legal person cannot have as counterpart to make the Participant holder of social rights, of securities giving right to a fraction of the capital, of securities, or of shares or units issued by the Beneficiary legal person or one of its subsidiaries.
2.8.5. In the event that the identity card or personal information does not correspond to the banking information given by the participant later on, his participation will be automatically canceled and he could be banned from the Site. Also, the Participants and Users are brought to immediately report to the Editor all pools/ money pots, projects, participations or questionable users and this will be treated and analyzed by Metennkoste.