The following GTC are concluded between:
hereinafter referred to as “You” or the “User”
Any adult having access to the Site, whatever its quality (individual or professional), location, modalities of connection to the Site, object and purpose of access to the Site and to Social Networks and / or use of the Services, is a user.
Hereinafter referred to as “Metennkoste”, “MEK” or “the Site”
A private company limited by shares existing under the laws of the Republic of Mauritius, bearing registration number C19166991 and having it’s registered offices at Turbine, Vivéa Business Park, Moka.
Telephone: 5930 5366
Site URL: www.metennkoste.com
E-mail: [email protected]
The layout, graphics and any other content on all of the pages of the metennkoste.com site as well as the metennkoste social networks are protected by copyright.
The purpose of these general terms and conditions of use (hereinafter GTCs) is to set the conditions of access to the Site and the use of the services offered on the Site. The GTCs apply to any variation or extension of the Site on existing or future social and / or community networks.
Now therefore, it is agreed as follows.
1.1 The User is presumed to know and accept, without reserve, all the GTC by the mere fact of his connection to the site and his use of the Services, regardless of the digital reception terminals used.
1.2 The GTC apply (i) to the Special Conditions applicable to certain Services, these various conditions of use will be notified to Users when they register for the Services concerned (ii) to the accessible Personal Data and Cookies Charter.
1.3 If the User does not accept all or part of the documents referred to above, he must stop using the Site. The Publisher can modify the terms of the GTC at any time. The User is expressly informed that the version in force is that which is posted on the Site on the date of connection to any of the Services, which the User recognizes and accepts without restriction, committing to systematically refer to it during each connection.
1.4 General user behavior
1.4.1. When registering and when using any of the different Services to which a metennkoste.com account gives access to, any User agrees, both with regard to the Publisher and with other registered Users and in general of all third party, to:
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:
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:
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
126.96.36.199. 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:
188.8.131.52. 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.
184.108.40.206. 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.
220.127.116.11. 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.
18.104.22.168. 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.
22.214.171.124. 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:
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.
3.1. Availability of the Site
3.1.2. The Publisher undertakes to make its best efforts to ensure that the access and operation of the Site is ensured 24 hours a day and 7 days a week without interruption, it being understood that this commitment only constitutes an obligation of means. However, the Publisher cannot be held responsible for the temporary unavailability of the Site and Services (i) in the event of maintenance of the Site and the servers on which they are hosted, (ii) in the event of events outside of its will and control and (iii) due to force majeure. The Publisher will inform the User beforehand of the unavailability if the event causing the unavailability is foreseeable.
3.2. Suspension of access
3.2.1. The Publisher reserves the right to suspend access to the Services (i) in the event of loss, theft and / or fraudulent use of the User Identifiers of which the latter has informed him, (ii) in the event of use not in accordance with the provisions herein, (iii) in the event of maintenance operations. The responsibility of the Publisher cannot be engaged due to these interruptions and the consequences which may result therefrom for the User.
4.1.1. The User is informed that all the laws and regulations in force are applicable on the Internet. The User must warn the Publisher of all logical and technical malfunctions that he may observe and all the anomalies that he may discover, such as in particular unauthorized intrusions into his metennkoste Account.
4.1.2. In the event of non-compliance with the commitments set out above by the User, the Publisher reserves the right to suspend or refuse its access, without notice or compensation, temporarily or permanently, to all or part of the services. Any User who registers and uses the different Services associated with his metennkoste.com Account, in particular by publishing personal data concerning him, acknowledges that he does so under his entire and exclusive responsibilities, and in particular responsibility for the fact the dissemination and reproduction of information, and due to the consequences which arise from it vis-à-vis other Users, and / or interested third parties.
4.1.3. Finally, it is strictly prohibited, under penalty of criminal and / or civil sanctions, to extract a qualitatively or quantitatively substantial part of the database made up of data disseminated via the public parts of the various Services.
4.2. Commitments regarding Contributions published by the User
4.2.1. The Site and the information published there are reserved: consultation of information using the Publisher’s automated data processing system; uses strictly reserved for the private and non-commercial use of the User and not intended for collective, free or paid use. The User declares and acknowledges that all the information, data, texts, software, music, sounds, photographs, images, videos, messages or any other content that he emits (Hereinafter the “Contribution (s)”) are under its sole and sole responsibility.
4.2.3. The User undertakes, with regard to the Publisher, as well as to other Users and generally to any third party, to unconditionally respect all of the applicable legislation, and more particularly:
4.3 Duty of vigilance – Means used to combat illicit activities
4.3.1. Any User acknowledges being informed that a posteriori moderation on the Interactive Services is implemented to control, delete or modify the content published by the Users which would appear to be contrary to the laws and regulations in force, or which would have been indicated as such by the judicial authority.
4.3.2. Any User acknowledges being informed that a dedicated email address is made available at any time to any person who wishes to report the publication on the Services of any contentious message of which they are aware, in particular those who raise breaches of the Code such as the apology for crimes against humanity, incitement to racial hatred, child pornography. It is understood that the abuse of this faculty is likely to engage the responsibility of the person who exercises it. In particular, are likely to give rise to legal proceedings.
4.3.3. The fact of signaling a message or an activity as being illicit for the sole purpose of obtaining its withdrawal or to stop its dissemination, while knowing that this information is inaccurate; the denunciation, carried out by any means of communication including by electronic means and directed against a specific person, of a fact which is likely to involve legal sanctions, and which one knows completely or partially inaccurate.
5.1. The function of the Site administrator is to guarantee the proper functioning of the Site and to ensure its security. It is part of its mission to facilitate the application of these GTCs and to ensure the loyal and responsible behavior of each User. For any information, you can contact us at email@example.com (“The Website”)
The user is informed that:
6.1. The Publisher collects and processes all personal data in accordance with the currently applicable regulations governing the protection of that data. The personal data required during registration and when using the website are necessary for providing the User with the services of Metennkoste. In the event that any of the compulsory personal data has not been provided, the User may be refused access to the services.
6.1.2. Within the framework of the Data Protection Act 2017, Metennkoste Ltd acts as the data controller for any personal data processed. The User is informed that the personal data are collected for the following purposes: the provision of the services described in this Contract; the fight against money laundering and the funding of terrorism; the fight against fraud; the processing of information and claims requests; the compilation of statistics.
6.1.3. The personal data relating to the User are also used for the purposes of marketing or commercial canvassing relating to similar products and services provided by Metennkoste. The User may at any time object to receiving such emails by clicking on the link provided for that purpose at the end of each message or by submitting its request to Customer Support. The personal data will not be conveyed to any third party without the express agreement of the User.
6.1.4. Metennkoste reserves the right to release personal data if requested to do so by a legal authority for the purposes of complying with any laws or regulations currently in force, in order to protect or defend the rights of the website or of those of the Users, if there are compelling circumstances justifying it, in order to protect the security of the Users, the website and the public. The personal data belonging to the Users processed by Metennkoste within the framework of the services provided in accordance with this Contract will be stored for the period of time that is strictly necessary in order to attain the objectives mentioned above. Barring any laws or regulations to the contrary, the personal data will not be stored beyond the date on which the termination of the contract comes into effect.
6.1.5. It is, however, stated that the personal data relating to the identification of the User will be stored for a period of five years from the end of the contractual relationship, under the applicable legislation regarding the fight against money laundering and the funding of terrorism.
6.1.6. The User retains the following rights in relation to his/her personal data, in accordance with the terms specified by the regulations: right of access, right to rectification, right to object, right to be forgotten, right to restrict processing and right to data portability. The User may at any moment exercise his/her rights by contacting Customer Support. His/her request must state his/her surname, name, user details, and be accompanied by a photocopy of an identity document bearing the signature of the User.
6.1.7. A reply will be sent to the User within a period of (1) month following receipt of the request. This period may be extended by up to (2) months if your request is particularly complex or if there are a large number of requests. In this case, the User will be informed of the extension and the reasons for the deferment within a period of (1) month following receipt of the request.
7.1. Metennkoste charges a service fee of 7% on the total amount of money collected in a money pot for which the organizer has asked for a bank transfer.
8.1.2. The User is informed that free and open access to the content and to some services of the Site is financed by the income linked to the advertising disseminated on these spaces.
8.1.3. He acknowledges that in return for his right to enjoy and use these contents and Services in free and open access, he accepts and does not oppose the display of advertising on the Site. The User also undertakes to deactivate any ads-blocker software he may have installed on his web browser.
8.2.1. The Publisher sets up partnerships in order to enrich the content and the Services offered by the Site. These partner offers are offered by them independently and under their sole responsibility. Consequently, the Publisher cannot be held liable for any reason and on any basis whatsoever in relation to the offers thus consulted and to the transactions which may result therefrom, the partners being solely engaged in a contractual relationship with the Users of the Site and Applications.
8.2.2. The content of partner sites remains their intellectual property. Any reproduction, reissue or redistribution by any means whatsoever is completely prohibited by law without the written permission of the partners concerned.
8.2.3. These General Conditions of Use do not apply to the content and offers of partners, it is therefore recommended that Users read the general conditions of use and general conditions of sale of partner sites.
9.1 Content of the Services
9.1.2. The content of the Site and Applications and the use of the Services, protected by law and in particular the provisions of the Intellectual Property Code, are exclusively intended for the information and personal use of the User who benefits from a right for private, non-collective and non-exclusive use.
9.1.3. Unless express prior authorization from the Publisher, all reproduction, representation and use other than those referred to above are prohibited, and in particular:
9.2.1. The brands, logos, corporate names, trade names, signs and domain name of the Publisher, and in particular the registered trademark ‘metennkoste.com’ and the associated logo (s) are distinctive signs Unless expressly authorized in advance, any use of these distinctive signs as well as any other distinctive signs belonging to the Publisher or to third parties, exposes the User to criminal and / or civil proceedings.
10.1. Non-compliance by the User, regardless of location, of any of the provisions of these General Conditions of Use and more generally any difficulty relating to its execution, interpretation or validity, are subject to Mauritian law.
10.2. Settlement of disputes
10.2.1. Any dispute between the Parties shall be finally settled under the [Rules of Arbitration of the LCIA-MIAC Arbitration Centre.] The arbitral tribunal shall consist of three arbitrators. The place and seat of arbitration shall be Mauritius and the arbitration shall be conducted in English language unless agreed otherwise.
102.2. The costs of such arbitration shall be determined and allocated between the Parties by the arbitration panel in its award and in accordance with the LCIA-MIAC Rules of Arbitration. The Parties undertake to perform without delay the provisions of any arbitration award, and each agrees that any such award or decision, may be enforced by any court or tribunal having jurisdiction thereof.
11.1. All of our services are sold “as it is”. You assume responsibility for your participation or creation of a prize pool on our site and no cancellation or refund will be granted, except for technical reasons on our part.
11.2. Once your payment has been made, it will not be refunded if you decide to cancel or delete your prize pool or participation. We can consider exceptional situations on a case by case basis.
12.1.2 If you browse the website www.metennkoste.com as a visitor, you are also partly affected by this Policy. You can consult the cookies section directly for more information on the treatments that concern you.
12.2. What Personal Data is processed by Metennkoste? How are they collected?
12.2.1. When you subscribe to Metennkoste’s services, you agree that your Personal Data necessary for the provision of these services will be processed by Metennkoste. This mainly concerns your identifiers (allowing you to access your profile), your identification data (in particular your name, first name, address, date and place of birth, and if necessary your identity document as well as any supporting document may be required for the use of the services), as well as the data generated by the use of the services (for example the type of money pot). Your IP address is also collected during the creation of your profile and when using the services.
12.2.3. The Data which must be filled in are indicated visibly on the site. If you refuse to provide the Mandatory Data, subscription to the services may be refused or the services may be suspended.
12.3. For what purposes is your Personal Data processed?
12.3.1. Your Personal Data is processed within the framework of the execution of the general conditions of use concluded with MEK or in order to take measures related to this contract. This includes the following purposes:
12.4 Targeted advertising.
12.4.1. Regarding targeted advertising, we inform you that we may send users marketing emails. These emails are targeted according to your user profile, based on the following elements: the type of kitty that you have already created or in which you have already participated, the last date of use of our services and the number of creation or participation in prize pools. No other Personal Data is used in the context of the advertising targeting that we carry out.
12.4.2. MEK processes your Data when required by law. This includes:
12.4.3. Finally, certain Data processing is carried out only if you have given your consent in a clear and express manner (for example by checking a box dedicated to this purpose). This is the case for example: For the deposit of certain cookies (cookies linked to operations relating to advertising; social network cookies generated by social network sharing buttons when they collect personal data without the consent of the persons concerned; as well as certain measurement cookies audience). For more information please see the cookies section.
12.4.4 If you agree that MEK may transmit Data to third parties to enable it to provide you with information on the products, programs, services, communications and promotional operations which they consider of a nature to interest you.
12.5. How long is your Personal Data kept?
12.5.1. MEK stores your Personal Data for the duration of the contractual relationship. As soon as you terminate the services, all of your Personal Data will be permanently deleted, with the exception of those that must be kept by MEK under legal obligations or for legitimate reasons.
12.5.2. As part of its anti-money laundering obligations, MEK retains documents and information relating to your identity for five (5) years from the termination of the services. The data necessary for the management of any disputes or litigation are also kept for a period of five (5) years, in accordance with the legal provisions in force (in particular but not exclusively those provided for by the Commercial Code, the Civil Code and the Code consumption).
12.5.3 The contractual documents are kept for a period of five (5) years from the end of the contract. Customer support communications can also be recorded. If necessary, they will be kept for a period of five (5) years from their receipt or registration. The information allowing to take into account your right of opposition to commercial prospecting is kept three (3) years as from the exercise of the right of opposition.
12.6. Where is your Personal Data stored?
12.6.1. The servers used by MEK to store your Personal Data are located in Mauritius.
12.6.2. MEK’s authorized departments
126.96.36.199. Only MEK employees specifically authorized can access your Personal Data, in the context of the exercise of the missions entrusted to them. Any MEK employee having access to your Data is subject to strict confidentiality obligations. MEK does not rent or sell your personal information to any third party.
13.1. We implement all appropriate security measures to guarantee the protection and confidentiality of your Data, and in particular to prevent the destruction, loss, alteration, unauthorized disclosure of Data, or unauthorized access to such Data. These security measures include the encryption of Data, as well as the implementation of means to guarantee the confidentiality, integrity, availability and constant resilience of processing systems and services. Any breach of security impacting your Data and likely to cause a risk for your rights and freedoms will be notified to you as soon as possible.
14.1. A cookie is a small file placed on your device when you browse a site. Cookies have a limited lifespan. They can only keep text, which is always confidential and in most cases encrypted. These cookies therefore make it possible to identify you on each of your visits and help improve your user experience by offering you services more suited to your needs.
14.3. The cookies used by MEK can have different purposes, including:
14.3 Costs and Expenses
The Parties must bear their own costs and expenses (including the fees and expenses of its agents, representatives, advisors, legal counsel and accountants, intermediaries, etc.) as necessary for the negotiation, execution, delivery, performance of and compliance with this Agreement.
14.5 Confidentiality Clause
The content of this Agreement and any information that each party learns from the other party about this transaction are confidential information, and each party bears strict confidentiality obligations, and may not disclose it without the written permission of the disclosing party.
10.4 Contact details.
Office: Turbine, Vivéa Business Park, Moka
Mob: 5930 5366
Email: [email protected]