Terms and conditions of use
Article 1: Legal information
Site edition www.raoul-app.com and the Raoul application is provided by Groupe Hektor SAS, a company with share capital of 10,000 euros, registered with the Paris Trade and Companies Register under number 898 539 549, whose head office is located at 27 Avenue ZAC de Chassagne, 69360 Ternay - France.
E-mail address: email@example.com
Publication manager: Théo Gilly
Site host www.raoul-app.com is OVH, whose head office is located at 2 rue Kellermann - 59100 Roubaix with telephone number: 1007 (Free number + cost of call).
Article 2 - Definitions
"Application / Site hereinafter referred to as "the Application" or "the Site" means either the Raoul mobile Application or the Groupe Hektor website, whose address is as follows: www.raoul-app.com ;
"Wallet refers to the Employee User's Electronic Money account, created when subscribing to the Application, from which the Employee User receives Tips from Donor Users.
"Electronic Currency refers to the monetary value stored in electronic form corresponding to Tips paid on behalf of the Employee User in his Wallet. Electronic Currency is issued and managed by Mangopay.
"User(s) Donor(s)" means any natural person who, after creating a User account on the Application, makes a Tip via the Application for the benefit of an Employee User;
Employee" User(s) "means any natural person who has created an "Employee" User account in order to receive Tips via the Application;
"Restaurant(s)/Trade(s)" User(s) means any individual or legal entity for whom Groupe Hektor has created a "Restaurant/Commerce" User account or profile on the Application;
"User(s) refers to the Donor User, the Restaurant/Business User and/or the Employee User;
"Transfer means the operation by which the Employee User's funds registered on his Wallet are transferred to his bank account, within the limits of the applicable regulations.
"Tip/Donation hereinafter referred to as the "Tip" or the "Donation", refers indifferently to the sum of money paid by a Donor User on the Application, and paid to the Employee User of his/her choice after deduction by Groupe Hektor of a Commission;
"Commission means the commission of an amount equivalent to 15% inclusive of tax deducted from each Tip paid by a Donor User, for the benefit of Groupe Hektor ;
"Visitor means any natural person browsing the Application or the Website;
Article 3 - Purpose of the Application
The Application allows each Donor User to financially support an Employee User of their choice via an online Tip.
The purpose of these general terms and conditions of use (hereinafter the " General Terms and Conditions of Use ", or " GTCU ") is to define the rules governing consultation and use of the Application. Any use of and browsing on the Application implies full application and acceptance of these General Conditions of Use. By using the Application, the Visitor and the User warrant to Groupe Hektor that they have read, understood and accepted the present Terms and Conditions of Use.
All the provisions contained in these General Terms and Conditions of Use govern the contractual relationship between Groupe Hektor, which operates the Application, the Visitor, and the User in the context of browsing and using the Application.
The version of the General Terms and Conditions of Use currently posted on the Application's information website is the only enforceable version for the entire duration of use of the Application and until a new version replaces it.
Groupe Hektor reserves the right to modify these Terms and Conditions at any time.
However, the version binding on Users and Visitors is that which appears on the Application's information website at the time of consultation of the Application. Visitors and Users acknowledge that they have read and accept the GCU online when browsing the Application.
Article 5 - Access to the Application and/or the Site
Visitors can install the Application on their compatible mobile terminal. Use of the Application is personal and intended exclusively for non-commercial use. In this respect, Visitors and Users undertake not to use the Application for commercial, political or advertising purposes, or for any form of commercial solicitation, in particular the sending of unsolicited e-mails. Any breach of these Terms and Conditions authorizes Groupe Hektor, without any liability on its part, to close the account of the User responsible for the breach.
Groupe Hektor makes every effort to guarantee access to the Application 7 days a week, 24 hours a day. However, Groupe Hektor cannot be held responsible for the unavailability of the Application for any reason whatsoever: unavailability of the access provider, of Groupe Hektor's host, maintenance operations, etc...
Notwithstanding the foregoing, all Users are required to inform Groupe Hektor without delay of any loss, misappropriation or fraudulent use of their identifiers by a third party who has allowed access to their Account, specifying their name, first name and user name by e-mail sent to the following address firstname.lastname@example.org or by post to the head office address indicated at the top of this document.
Article 6 - Access to Application services
Access to services by Donor Users
To access the Site (this website only), the User may, using his/her personal cell phone, scan a QR code available in the shop/restaurant where he/she is located. They will then be automatically redirected to the Site.
In order to use the Site's services and make one or more Tips to an Employee User, the Donor User must provide the following information:
- Last name / First name / Email / Credit card / Telephone (optional) ;
In order to use the services of the Application (including the mobile application only) and make one or more Tips to an Employee User, the Donor User must create a "Donor User" account on the Application.
The Donor User account is created directly on the Application by filling in the information form. The Donating User must :
- Enter the following information: Last name / First name / Date of birth / Email ;
- Set a password and a 4-digit secret code;
- Confirm his/her email address (the Donor User is then asked to confirm to validate his/her account);
To be able to make a tip, the Donor User must then register his/her bank card.
The Donor User accepts that data relating to his/her card may be stored by Groupe Hektor's technical service providers responsible for debiting and managing Users' payment cards (service providers responsible for implementing secure software and protocols necessary for the recording, transmission and secure processing of card fund transfer orders), for the sole purpose of executing his/her payment transactions.
Once their User account has been validated, User Donors can use the Application to make one or more Tips to one or more Employee Users of their choice, as listed on the Application. The Tipping User is solely responsible for his User account and its use.
Access to services by Restaurant/Business Users
In order to benefit from the services of the Application and allow Employee Users to receive Tips from Donor Users, Restaurant Users must create a User account, by providing the following information:
- Restaurant/shop logo, if applicable ;
- Restaurant/business name ;
- Name of the company operating the restaurant/shop ;
- SIREN number of the company operating the restaurant/shop ;
- List of the beneficial owners of the company operating the restaurant/commerce ("UBO declaration": Ultimate Beneficiary Owners);
- Surname / First name / Email of the legal representative of the company operating the restaurant / shop.
The Restaurant/Trade User may then indicate to Groupe Hektor whether he/she wishes the Tips paid by Donor Users to Employee Users working in the Restaurant/Trade to be divided between the various Employee Users, and the method of distribution chosen, if applicable.
The Restaurant/Trade User cannot be held liable for the payment or non-payment of a Tip by a Donor User to an Employee User.
Access to services by Employee Users
In order to benefit from the services of the Application and to receive Tips from Donor Users via the Application, Employee Users must create a personal account.
The Employee User account is created directly on the Application by filling in the information form.
The Employee User enters the following information:
- Last name / First name / Date of birth / Email / Phone ;
- ID; Nationality; Country of residence ;
- A photograph that identifies the User as an employee of the same restaurant or business;
- ID of the restaurant/business where he is currently employed.
The Employee User then sets a password in the form of a 4-digit secret code.
Finally, the Employed User registers his bank details (bank statement).
From the moment the Employee User activates his/her Employee User account, the latter accepts that his/her location data be transmitted to Groupe Hektor.
The Employee User may also use his account as a Donor User.
Conditions of use of the site as a User
The User undertakes, under penalty of immediate suspension without notice of his User account to :
- not to create or use accounts on the Application other than the one initially created and allocated, either under his or her own identity or that of a third party;
- not to create a false identity of such a nature as to mislead the Hektor Group or any third party, and not to usurp the identity of another natural or legal person;
- not to divulge or transfer his/her login and/or password and/or secret code to a third party. All Users are responsible for the use, conservation and non-disclosure of their login and password and/or secret code. Groupe Hektor cannot be held responsible in the event of fraudulent use of a User's account.
In order to ensure compliance with the provisions hereof, Groupe Hektor reserves the right to ask the User to provide proof of identity by any means. In the absence of justification within 7 (seven) days of Groupe Hektor's request, the suspension referred to in the previous paragraph will apply.
By accepting these GTUs, the User declares that the source of funds used by him/her on the Site or the Application is not illegal and undertakes not to use the Site and the Application for any illegal or fraudulent activity, including (but not limited to) money laundering. Civil and/or criminal proceedings may be instituted against the User and any other persons directly or indirectly involved in such illegal or fraudulent activity.
Groupe Hektor reserves the right to transmit, at its discretion, any information likely to be of an illegal or fraudulent nature, to the competent authorities, without notifying the User. To this end, Groupe Hektor reserves the right to sequester all funds which it legitimately suspects are linked to illegal or fraudulent activity, until they are passed on to the competent authority.
The User waives any right or remedy of any nature whatsoever which may be recognized or available to him/her, in any place whatsoever, as a result of Groupe Hektor's communication of this information to the competent authorities.
Groupe Hektor reserves the right to suspend or delete an account if the information provided by the User proves to be inaccurate, misleading, incomplete or fraudulent, without Groupe Hektor being held liable in any way.
The User is responsible for the payment of any applicable taxes or duties associated with the sums collected. Groupe Hektor does not in any way substitute itself for the User in this respect, nor does it advise the User on the nature and details of his/her obligations.
Article 7 - Use of the "tip" service
The Application provides Donor Users with a service enabling them to pay a Tip to one or more Employee Users of their choice, according to the list shown on the Application.
To make a Gratuity, the Donor User must go to the Site, or log in to his or her Application User account, select the Employee Beneficiaries of his or her choice, choose the amount of the Gratuity and click on the "Validate" button. When wishing to make a Tip, the Donor User must use an identity verification process (four-digit secret code, etc.). When the Donor User clicks on the validation tab of the form, the Payment becomes irrevocable.
The tip collection service is provided by Mangopay, a third-party service provider of Groupe Hektor. This company's website can be accessed at the following address: www.mangopay.com/fr
By making a Tip on the Application, the Donor User guarantees Groupe Hektor that he/she accepts Mangopay's general conditions of use. In this respect, the Donor User accepts, in accordance with the laws relating to the fight against money laundering, that Groupe Hektor or Mangopay may provide personal data relating to his/her identification, in particular in order to examine the nature and objectives of the donation operations carried out.
The User is informed that in the event of suspicion concerning the operations of donations made, Groupe Hektor or Mangopay reserve the right to report the nature of suspicious operations to the police or gendarmerie, without Groupe Hektor or Mangopay being held liable in this respect. Sums of money paid via Mangopay are held by Mangopay until paid out to the Employee Users concerned.
Article 8 - Commission charged by Groupe Hektor
Groupe Hektor deducts from the price of the Tip paid by the User a Commission amounting to 15% inclusive of tax of the total amount of the Tip. Once this commission has been deducted, the remainder is credited to the Employee User's wallet.
Article 9 - Cancellation of a tip - reimbursement
The Donor User may cancel a Tip within fourteen (14) days of payment on the Application.
To cancel a tip, the User must contact Groupe Hektor, which reserves the right to accept or reject the User's cancellation request.
Once the request to cancel the Tip has been made, the Donating User is reimbursed by Mangopay of the corresponding sum, or part of it, directly to his/her bank account within forty-five (45) days.
In the event of a Donor User exercising his right to cancel a Tip, the Commission deducted by Groupe Hektor is not refunded and remains the responsibility of the Donor User.
Article 10 - Using the "receive tips" service
The Application provides its Employee Users with a service enabling them to receive Tips paid by Donor Users via the Application.
Tips can be acquired in one or more instalments. The cash amount paid by the Donor User to an Employee User is issued in Electronic Currency, for an equivalent nominal value and stored on the Employee User's personal account. The amount of Electronic Currency is kept on the Employee User's Wallet until the date of the Transfer to his/her bank account.
In this respect, the Employed User accepts, by virtue of the laws relating to the fight against money laundering, that Groupe Hektor may provide personal data relating to his/her identification, in particular in order to examine the nature and objectives of the donation operations carried out. The User is informed that in the event of suspicion concerning the operations of donations made, Groupe Hektor reserves the right to report the nature of suspicious operations to the police or gendarmerie, without Groupe Hektor being held responsible in any way. The sums of money paid to Groupe Hektor/Mangopay are sequestered by Groupe Hektor/Mangopay until payment is made to the Employee Users concerned.
Article 11 - Fraud
The Donor User guarantees Groupe Hektor that he/she is the holder of the bank card used to make the Tip or that he/she has the necessary authorizations to use this bank card. In any event, Groupe Hektor declines all responsibility in the event of fraudulent use of a bank card. The Donor User is solely responsible for the means of payment he/she uses. Nevertheless, in the event of fraudulent use of a bank card by its holder, Groupe Hektor invites the User concerned to inform it of this use directly by telephone on +33 6 62 73 35 55, or by e-mail at the following address: email@example.com. The User is also invited to inform his bank. Mangopay will then refund the amount of the disputed Donation directly to the Donor's account within forty-five (45) days.
Article 12 - Termination of a User account
Any Donor User may request the cancellation of their User account at any time, without having to justify the reason, by sending a request to Groupe Hektor by e-mail to the following address: firstname.lastname@example.org.
The User account in question will be deactivated and the related personal data held by Groupe Hektor will be destroyed within 7 working days of the termination request. Furthermore, Groupe Hektor reserves the right to terminate a User account, without having to justify its choice, without prior notice or particular formalities in the event of non-compliance by the User with the present General Conditions of Use or with the laws and regulations in force. Furthermore, Groupe Hektor reserves the right to take legal action against a User in the event of fraud or non-compliance with the present General Conditions of Use or with the laws and regulations in force.
Article 13 - Users' rights and obligations
All Users are responsible for the content they make available to third parties, whether via e-mail or content stored on their User account. Groupe Hektor has no control over the content that may be published by Users via the Application. As such, Groupe Hektor has no general obligation to monitor the content stored by Users. The User guarantees Groupe Hektor against any sentence pronounced against it originating from a breach by the User.
- to provide true and fair information;
- not to copy the content of another User;
- to comply with all applicable laws and regulations as well as with the present terms and conditions of use;
- to respect the rights of third parties, public order and intellectual property rights;
- not to put online content that belongs to a third party;
- not to be the perpetrator of defamation, insult or provocation of any kind (racial, discriminatory);
- not to advocate war crimes or crimes against humanity;
- not to divulge his login and password to a third party;
- not to disseminate content that is illicit or contrary to the laws and regulations in force (illicit content includes content that infringes the rights of third parties, infringes or would infringe public order, morality or would be likely to offend the sensibilities of minors, infringes the privacy, reputation or image rights of third parties, or is defamatory or disparaging in nature, are of a pornographic or pedophilic nature, undermine the integrity or security of a state, incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, war crimes or crimes against humanity, incite the commission of a crime, a misdemeanor or an act of terrorism, incite discrimination, are contrary to these general conditions of use or to the laws and regulations in force);
- to respect the confidentiality of correspondence with other Users;
- to be courteous, polite and respectful towards other Users;
- not to damage the Application Services.
To report abuse, the User may notify Groupe Hektor by sending an e-mail to the following address: email@example.com. This notification must be accompanied by all information enabling Groupe Hektor to identify the illicit or fraudulent content.
Article 14 - Application management
Groupe Hektor makes every effort to offer Users an Application that is accessible at all times. In order to meet this objective, Groupe Hektor may, without any liability being incurred as a result :
- suspend, interrupt or limit access to all or part of the Application, restrict access to the Application, or to certain parts of the Application, to a specific category of Users;
- delete any information that could disrupt its operation or contravene national or international laws or accepted standards of public decency;
- suspend the Application in order to carry out updates.
Article 15 - Responsibilities
Groupe Hektor may not be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the Application or any of its functions.
The equipment used by the User to connect to the Application is the User's sole responsibility. The User must take all appropriate measures to protect his/her equipment and data, in particular from viral attacks via the Internet. Groupe Hektor cannot be held responsible in the event of legal proceedings against the User:
- as a result of using the Application or any service accessible via the Internet;
- the User's failure to comply with these terms and conditions.
Groupe Hektor is not liable for any damage caused to the User, third parties and/or the User's equipment as a result of the User's connection to or use of the Application, and waives all claims against the User in this respect. Should Groupe Hektor be the subject of amicable or legal proceedings as a result of the User's use of the Application, Groupe Hektor may take action against the User to obtain compensation for all damages, sums, condemnations and costs which may arise from such proceedings.
Article 16 - Hypertext links
Hypertext links may be present on the Site / Application. The User is informed that by clicking on these links, he/she will leave the Site. www.raoul-app.com / Application. The latter has no control over the web pages or applications to which these links lead, and cannot under any circumstances be held responsible for their content.
Article 17 - Intellectual property
The Application and all its content (trademarks, photographs, texts, illustrations, videos, graphics, software) are the sole property of Groupe Hektor and/or its partners. Consequently, all these elements are protected by intellectual property rights, and in particular by copyright. Any reproduction, representation, use or adaptation, in any form whatsoever, whether partial or total, of all or part of these elements, without the prior authorization of Groupe Hektor, is strictly forbidden. The fact that Groupe Hektor does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution. Groupe Hektor grants Users, on a non-exclusive basis, the right to use the Application and their content to the extent necessary to use the services offered on the Application and the Site.
Article 18 - Personal data policy
Groupe Hektor attaches great importance to protecting the personal data of the Application's Users.
What personal data do we collect?
On the Application, Groupe Hektor may collect personal data concerning the User. This personal data is provided by the User, with full knowledge of the facts, which he accepts, when entering his contact details and the various information requested on the User account creation forms or when making a Tip via the Application. This personal information includes surname, first name, address, town, zip code, country, telephone number and e-mail address.
Why is this data collected by Groupe Hektor?
This personal data is collected by Groupe Hektor, which is solely responsible for processing it. The personal data provided by the User is intended to process his/her request, i.e. to financially support an Employed User, to manage his/her account, to inform him/her of any updates, and to improve the services offered on the Application.
In accordance with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended, the User has the right to access, query, modify and delete any information concerning him or her, at any time, by writing to Groupe Hektor at the following address: Groupe Hektor - 42 Avenue Felix Faure, 75015 Paris - FRANCE, or by e-mail to the following address: firstname.lastname@example.org. The information collected may be communicated to third parties bound to Groupe Hektor by contract for the execution of sub-contracted tasks necessary for the management of the User's account and more particularly to proceed with payment and without the User having to obtain any authorization whatsoever, which the User acknowledges and accepts without restriction. In the event of a proven infringement of legal or regulatory provisions, this information may be disclosed at the express request of the judicial authorities.
Data is not transmitted outside the European Union.
Where certain information is mandatory in order to access specific functionalities of the Site, Groupe Hektor will indicate this mandatory nature at the time the data is entered.
How do we protect your personal data?
Groupe Hektor makes every effort to ensure optimum protection of its Users' personal data in order to prevent any unauthorized or illicit collection and/or processing, as well as any loss, destruction or damage. Groupe Hektor guarantees the User that the measures implemented on the Application are intended to protect its User database, access to which is furthermore restricted internally. Groupe Hektor retains the personal data collected only for the time required to process Users' requests or for the time required by the law in force. After this period, Groupe Hektor deletes the personal data collected.
Article 19 - Cookies
Browsing the Application may result in the installation of cookie(s) on the User's connection device. A cookie is a small file which does not enable the User to be identified, but which records information relating to the browsing of an Application by a mobile device. The data thus obtained is intended to facilitate subsequent browsing of the Application, and is also used to measure the number of visitors to the site.
Cookies collect information such as User ID and password for rapid subsequent connection, as well as personal account form data with automatic completion of input fields in the event of subsequent reconnection. Session cookies are used to improve navigation and may retain certain information provided by the User in the User account creation form. They are also used to collect statistical data on the Application. These cookies are automatically deleted when the Application is closed.
Persistent cookies are stored on the User's mobile device and remain there until deleted by the User. These cookies store information enabling the User to connect quickly to the Application in the event of subsequent consultation (login, password, e-mail address, telephone number). The storage of this information is accepted by the User when he agrees to create a User account. The User may refuse the installation of cookies. Refusal to install a cookie may make it impossible to access certain services. The User may, however, configure his mobile device via his browser settings to refuse the installation of cookies.
Article 20 - Applicable law
The present conditions of use of the Application are governed by French law and are subject to the jurisdiction of the courts of PARIS, subject to any specific jurisdiction arising from a particular legal or regulatory text.
Article 21 - Contact us
If you have any questions or require information about the Application, you can leave a message at the following address: email@example.com.