General terms and conditions of sale and use of TePeeLib services


GENERAL TERMS AND CONDITIONS OF SALE AND USE OF TEPEELIB SERVICES

CHAPTER I - Preliminary Remarks

These general terms and conditions of sale and use of TEPEELIB services (henceforth referred to as T&COS-T&COU) determine the marketing, operation and usage of the TEPEELIB Product. In their entirety, they accordingly constitute the contract made between the users of the TEPEELIB product on the one hand, and the company EMP Corp S.A., a limited liability companies founded and headquartered at 10,Boulevard royal, L-2449 LUXEMBOURG, registered under the number B181670 with the Luxembourg Commercial and Companies Register, on the other hand.
The TEPEELIB Product and its related services enable a Merchant to accept payment Card transactions from their customers using electronic currency by using our payment smartphone application.
Use of the TEPEELIB Product is free for the Merchant’s customers, and it is billed to the Merchant by way of a commission taken by EMP Corp S.A. in accordance with the tariff grid assigned to the Merchant.
Access to the TEPEELIB Product and its related services requires a compatible mobile phone and Internet access via this mobile phone. This device and the necessary Internet access for using the TEPEELIB Product and its related services are likely to incur costs for the User in accordance with their operator.
The Merchant who has subscribed to get the TEPEELIB Product and related services will have an Account with the company EMP Corp S.A. in the form of a wallet containing the electric currency and a Personal Space on the TEPEELIB app.
When the Merchant’s customers carry out a payment with the TEPEELIB and its related services, they become users of the TEPEELIB Product and its related services, and buy vouchers representing the electronic currency, to an amount equivalent to the Transaction requested by the Merchant, which are consumed and credits the Merchant’s wallet. Transactions may not exceed EUR 2500.
By default, the Merchant’s wallet will then be regularly debited in order to reconvert the electronic currency thus accumulated into standard currency which will be deposited into the Merchant’s bank Account, after deduction of the applicable fees charged by EMP Corp S.A. All of the transactions will be logged in a dedicated space to which the Merchant will have access in real time.
The obligations of the company EMP Corp S.A. in the framework of the present T&COS-T&COU are limited to supplying the Merchant with an Account with TEPEELIB and allowing the Merchant and their customers access to the TEPEELIB Product and its related services. EMP Corp S.A. will use every reasonable means to provide access to the TEPEELIB Product and its related services twenty-four (24) hours a day, seven (7) days a week. These obligations may, however, be suspended or limited, as specified in the conditions below, in order to carry out maintenance services, for legal reasons or if the Merchant and/or their clients do not respect their own obligations defined below, or in the event of a force majeure.
Upon clicking “I accept the T&COS” or upon entering their bank details with TEPEELIB, the User accepts the present Contract defined by the present T&COS-T&COU.
The present Contract defined by the present T&COS-T&COU can be terminated at any moment in writing, subject to a notice of 30 days, without termination fees due by one party or the other. If the Merchant’s TEPEELIB Account has been dormant for one (1) consecutive year, they will be sent a notification to their registered email address and, in the event of no response to this notice for maintaining the Account within a period of thirty (30) days, the said Account will be automatically closed.
Furthermore, the User has a 14-day withdrawal period in accordance with the terms described in the present T&COS-T&COU. After this period, they will be deemed to have fully accepted the present T&COS-T&COU. Notification of withdrawal should be made via email to the address contact@tepeelib.com .
The present T&COS-T&COU are available and printable in a permanently and long-term in their most recent version on the site www.tepeelib.com .

CHAPTER II – General Provisions of the Contract

Article 1 - Contractual value

In accordance with the preliminary notes, upon clicking “I accept the T&COS or entering their bank details on TEPEELIB, the User accepts the present T&COS-T&COU as forming a contract in its own right between themselves and the company EMP Corp S.A. The User is deemed to have given consent, and consequently to have accepted the terms of the present Contract once they have clicked “I accept the T&COS” or supplied their bank information on the TEPEELIB Application.
Chapters I and II of the present Contract apply to every User of the TEPEELIB Application. Chapter III of the present Contract, however, is only applicable to the Merchant registered as such with the TEPEELIB Product, and Chapter IV is only applicable to the Merchant’s Customer, who has agreed to pay for the service or good sold by the Merchant through the payment service as offered by the TEPEELIB Application.

Article 2 – Objective of the Contract

The objective of the present Contract is to determine the terms and conditions for delivery, pricing and use of the TEPEELIB Product and its related services, as well as the length and terms of cancellation of the present Contract.

Article 3 – Definitions

For the purposes of the present Contract, the following terms are thus defined:
“TEPEELIB Application” or “TEPEELIB Product”: the programme supplied by EMP CORP, downloadable and et executable from the operating system of a mobile electronic device with an Internet connection (e.g. smartphone, tablet) and including all of the TEPEELIB services. The list of platforms the application can be downloaded from is available under the “Help” section.
“Bank Card” or “Card”: Valid CB, VISA and MASTERCARD payment cards, issued by credit institutions duly recognised and located in countries within the European Union, for which the User is the holder.
“Customer”: Designates the Merchant’s customers who wish to pay using the TEPEELIB Application.
“Trader” or “Merchant”: Designates any physical person of age or legal entity acting for the purposes of their professional activity and having correctly provided the necessary information with the TEPEELIB Application and accepted the present T&COS-T&COU to be able to open a TEPEELIB Account, in accordance with the identification instructions listed in the present T&COS-T&COU.
“Account” or “TEPEELIB Profile”: User’s account open in TEPEELIB’s books, and materialised by a wallet receiving electronic currency.
“Personal Space”: interface accessible via the TEPEELIB Application downloaded and installed by the User onto their smartphone or computer and which allows them to access their personal information on their Account. This space is accessible on a secure platform by entering or recognising the username and the User’s secret password.
“Transaction Fee”: Designates the fixed and/or variable amount levied by TEPEELIB on the received transactions, as remuneration for their services.
“Username”: this identifier is the User’s mobile telephone number and allows them to access their Personal Space.
“Personal Information”: Any confidential information and/or personal identification of the users, particularly pertaining to the following information: title, surname, first name, date of birth, email address, postal address, telephone number and bank information. This information is accessible on the User’s Personal Space.
“Service” or “TEPEELIB Service”: The services offered by the TEPEELIB Application or pertaining to it.
“Acceptance System” : the network allowing for a financial transaction to be carried out with a Bank Card, in particular including a payment service provider, a buyer and a Visa or MasterCard or other acceptance network.
“Transaction”: the payment transaction carried out by the Merchant’s Customer for the Merchant using the TEPEELIB Application. This transaction may be up to a maximum of EUR 2500.
“User”: Designates all persons who use the TEPEELIB Application, whether the Merchant’s Customer or the Merchant themselves.
Generally speaking, the terms defined above are used indistinctly the singular and the plural forms and without prejudice regarding their definition.
In case of doubt regarding the interpretation of a term not defined in the present Contract, the given meaning is that which is generally accepted and the most general possible.

Article 4 - Pre-use restrictions for TEPEELIB services

To use the TEPEELIB Product and its related services, users will require a compatible mobile device and Internet connection services provided by a third party. These third parties may charge users a fee for the use of a mobile device and/or an Internet connection to access the services and the users are entirely responsible for paying these fees.
By accepting the present Contract, the User confirms that they are a physical person or legal entity acting in their own personal, commercial or professional capacity. As regards the Merchant, they confirm at the moment that they accept the present T&COS-T&COU that they are duly authorised to carry out business activities in one or several of the countries where the TEPEELIB application is in operation.
As a physical person, the User acknowledges that they are eighteen (18) years or above to use the services. EMP Corp S.A. reserves the right to demand the User to provide a form of identification or a document proving that they are the right age at any moment.
Without prior explicit agreement with EMP Corp S.A., users are not allowed to ask for the execution of or to accept execution of transactions linked to products and/or services that:

  • Are not provided for their own Account or are on the order of a third party other than the User themselves;
  • Are not provided in the normal activities of the User, such as described and identified upon acceptance of this Contract, including the acceptance of repayments related to a pre-existing loan or cash payment made by the User, to the holder of the Bank Card used to perform the Transaction;
  • Involve or are in relation to illegal material, whatever that may be;
  • Are related to illegal gambling services;
  •  Are related to illegal activity;
  • Give reason to believe that the Transaction is in a position to tarnish the reputation of EMP Corp, the reputation of any of the acceptance networks, and/or the reputation of the TEPEELIB Product in general terms.
Any Transaction carried out in violation of the present Contract or the law is susceptible to being cancelled, suspended and/or blocked, and to lead to the closure or the suspension of the User’s Account.
Furthermore, EMP Corp S.A. reserves the right to take action against the User carrying out transactions in violation of the present Contract, as well as the right to keep the amount of the disputed transactions as a guarantee of the damages incurred, whether until the dispute has been resolved or whether definitively.

Article 5 - Responsibilities of EMP Corp S.A.

Article 5.1 - Regarding TEPEELIB services

EMP Corp carries out payment orders placed on TEPEELIB with the expected diligence of a professional by assuming only an obligation of means. For this reason, they will be responsible only for direct damages resulting from a fault attributable to them. They will not be responsible, in particular, in the event of late or incorrect delivery or a failure to deliver due to the means of communication used by users or due to incorrect or incomplete information provided by users.
No financial or contractual sanctions shall be enforced upon the User in the case of error or fault attributable to TEPEELIB. Furthermore, TEPEELIB is responsible to the User for transmitting and properly carrying out payment transactions that conform with the legal provisions in force.

Article 5.2 - Regarding services of the TEPEELIB programme

Function of TEPEELIB
TEPEELIB only hosts the information of the traders, who are themselves the sole editors for this. In particular, TEPEELIB does not act as a moderator and does not edit any content of the information hosted.
Relation between TEPEELIB and the User
TEPEELIB’s responsibility is strictly limited to the obligation to carry out the necessary measures for transmitting and properly carrying out transactions, excluding any other obligations, with it being specified that this obligation is an obligation of means.
This is noted in case of false or misleading allegations, indications or representations, particularly concerning the existence, availability or nature of products and services offered by the traders, their essential characteristics, their prices or methods of calculations for these, etc.
Equally, TEPEELIB has no control over the quality, safety, legality, authenticity etc. of the products and services presented by the traders using the TEPEELIB Application.
Relations between traders and customers
TEPEELIB has no responsibility for the relation between the Trader and their Customer.
Users contract directly among themselves, TEPEELIB does not intervene in any way in the transactions between customers and traders. TEPEELIB does not transfer ownership of the products, nor do they carry out the traders’ services.
Among other things, prior to any transaction between them, users are obliged to:

  • take note of the legal notices, general conditions of sale or service for their services with the traders;
  • have the sufficient funds in their bank Account to be able to proceed with payment and to accept delivery of the products or services bought or taken out.

Users will not be able to hold TEPEELIB responsible due to the relations between them and/or the products or services bought, including in cases of lack of conformity or safety, hidden defects, missing parts, delay to delivery, counterfeiting etc.

Article 6 - Modifications to the T&COS-T&COU

The present T&COS-T&COU may be modified by EMP Corp S.A. at any moment. The new T&COS-T&COU as amended will be immediately displayed in the TEPEELIB Application and on the website www.tepeelib.com.
Once the User accepts the present T&COS-T&COU, they are right to believe that the present version is the latest in force.
At the time of a modification to the T&COS-T&COU, all dealers registered with TEPEELIB will receive a notification via email informing them of the modifications as well as a link to the new T&COS-T&COU as modified.
The modifications will be deemed to have been accepted by the Merchant in the absence on their part of written disapproval before the expiration of the deadline of one month starting from the day of the email. If the User rejects the proposed modification, they can terminate the present Contract with immediate effect, or at the date that the modification comes into force if this has not occurred yet has already been announced.
Not considered to be a modification to the conditions of the contract are developments, particularly technical ones linked to the methods of access, contact and functionality of the Service. The same applies to changes in features or the addition of new services to the TEPEELIB programme. These developments will be brought to the User's attention by any means yet may not be terminated with immediate effect. In the event that TEPEELIB cannot keep or decides to discontinue a function, they are obliged to inform the User by any means.

Article 7 – Personal data

The User’s personal data collected by TEPEELIB in the framework of the present Contract or later in the course of the business relationship is processed automatically. This data is principally used by TEPEELIB for the following purposes: execution of the contract and management of the Customer Account, management of relations in the framework of the TEPEELIB programme, risk evaluation, combating money laundering and the financing of tourism, security and prevention of outstanding debts and fraud, and the legal obligations of EMP Corp.
The User has the right to access and amend their personal data. To exercise one of these rights, the User can write to TEPEELIB’s service via a contact form accessible online at www.TEPEELIB.com or by email to contact@tepeelib.com.

Article 8 - Acceptance of the use of electronic means

The User accepts that TEPEELIB may communicate with them by email, text message or notification, or by any other means of remote communication, in connection with the present Contract.

Article 9 - Language of the Contract and durable medium

Communication between TEPEELIB and the User will be carried out in the French language and any information and notifications will be sent electronically on a durable medium.
The User can request to be notified of the present T&COS-T&COU on paper or on another durable medium at any moment, to the extent that it will not be able to access it through the TEPEELIB Application or on the website www.tepeelib.com .

Article 10 – Sanctions

Any false declaration in the data required to register with the TEPEELIB Application or to carry out a Transaction is liable to sanctions imposed by EMP Corp S.A., in particular: the blocking of sums of the transactions received for the benefit of the User in question, the temporary or definitive closure of the Account of the User in question, the subject of a complaint to the competent judicial authorities, if necessary.
Any false declaration or misuse of the TEPEELIB services can equally lead to legal sanctions. All actual fees and expenses incurred by EMP Corp S.A. for the forced recovery of transactions by virtue of an enforcement order are at the expense of the User.

Article 11 - Claims – Mediation and appeals

The User’s requests for the proper delivery of the present Contract or any claims or information requests pertaining to the services offered by TEPEELIB should be made directly to EMP Corp via contact form accessible online at www.tepeelib.com or via email at contact@tepeelib.com.
In case of disputes or potential problems between a User and EMP Corp S.A., the party who feels aggrieved must contact the other party by email to attempt to amicably resolve the dispute or problem before any legal action.

Article 12 - Applicable law and relevant jurisdictions

The law applicable in the present Contract is the law of Luxembourg. In the event of a judicial remedy, the relevant jurisdiction will be the District Court of Luxembourg, dealing with commercial matters for disputes between EMP Corp S.A. and a Merchant, and dealing with civil matters for disputes between EMP Corp S.A. and a Customer.

Article 13 - Forces majeures and unforeseen circumstances

In any event, the responsibility of TEPEELIB may not apply if the inability to carry out their obligations is the result of a case of force majeure or unforeseen circumstances within the scope of article 1148 of the civil code.
In particular, this includes the following events: natural disasters, fires, internal or external strikes, breakdowns, shortages, war, power cuts, disruption to telecommunications network, loss of Internet connection owing to public or private operators and, in a general sense, any event beyond the control of TEPEELIB and making execution of the Contract impossible, including by a User or a third party.

Article 14 - Intellectual property

The TEPEELIB Application, in particular its graphic layout, is classed as an intellectual work under the legislation on intellectual property.
Any representation or reproduction is strictly prohibited.

Article 15 – Non-waiver

The fact that EMP Corp S.A. does not does not require one or more Users to enforce any specific provision of the present T&COS-T&COU does not mean, however, that EMP Corp S.A. waives this clause.
In other words, a User is not entitled to claim past non-delivery of any of the clauses in the present T&COS-T&COU to continue not to deliver it if EMP Corp S.A. were to require delivery of it.

Article 15 – Non-waiver

The fact that EMP Corp S.A. does not does not require one or more Users to enforce any specific provision of the present T&COS-T&COU does not mean, however, that EMP Corp S.A. waives this clause.
In other words, a User is not entitled to claim past non-delivery of any of the clauses in the present T&COS-T&COU to continue not to deliver it if EMP Corp S.A. were to require delivery of it.

CHAPTER III – Provisions applicable to Merchant

Article 16 - Description of electronic currency services from TEPEELIB

TEPEELIB provides a smartphone application and/or programming interface allowing the Merchant to integrate a system of payment with electronic currency with their customers’ Bank Card on their smartphone application.
The Merchant will access the payment Service from their smartphone connected to the Internet via the application offered by TEPEELIB.
By connecting to their TEPEELIB Account, the Merchant can :

  • consult their transaction history;
  • consult and manage their receipts;
  • export their Account statements;
  • manage their Customer Account.
The payment transactions carried out using the TEPEELIB Product will be exclusively made in Euros.

Article 17 - Prerequisites for subscribing to the TEPEELIB Product

Article 17.1 - Persons concerned

The Merchant must have full legal capacity to enter into a contract and must operate for professional purposes.
Every Merchant must have a mobile telephone number. In addition, they must have a bank Account opened at a credit institution in one of the countries where the TEPEELIB application is available.

Article 17.2 - Creation of the TEPEELIB Profile and opening of an Account

The creation of the TEPEELIB Profile is done via the TEPEELIB Application, which will have been downloaded and installed previously on the Merchant’s mobile phone, or on the TEPEELIB website.
Once the TEPEELIB Application has been launched, the Merchant must click on “Registration” and enter all of the following information: the company in question’s trading name, their title, their surname, their first name, their date of birth, their telephone number, their email address and their postal address (address, postcode, town/city). The use of aliases and pseudonyms is prohibited.
The Merchant is committed to providing sincere and exact information upon registration. In the event that the Merchant provides false, inaccurate, obsolete or incomplete information, EMP Corp S.A. will reserve the right to suspend or to proceed to close their TEPEELIB Account and to refuse them access to the TEPEELIB Service in the future, in accordance with the provisions of the present Contract.
To complete their registration, the Merchant must mark a first box where they commit to providing the documents confirming the registered information, namely: a recent extract of the commercial and companies register of the country in which they are established, an IBAN into which the money in the Merchant’s wallet can be deposited after conversion from electronic currency to standard currency, a form of identification and a proof of address from their legal representative.
If necessary, EMP Corp S.A. will request from the Merchant supplementary information that the latter is required to provide following the request, and at a maximum of two weeks after the request has been formulated.
If the Merchant does not provide their documents within at least two weeks from the time of their registration, or within a period of two weeks following the request by EMP Corp S.A. for the additional documents, the Merchant’s TEPEELIB Account will immediately be blocked until all the required documents have been received.
If transactions take place in the meantime, EMP Corp S.A. will retain the amount of these transactions and will not proceed with any payments to the Merchant while the latter has yet to provide the required documents.
Furthermore, to be able to proceed with a payment of the sums indicated on their Account and cashed by the TEPEELIB Application, it is imperative that the Merchant provide EMP Corp S.A. with complete bank details (IBAN, swift code) for their bank Account. The registered bank Account must belong to the Merchant, be held in euros and be based within the European Economic Area (SEPA zone).
EMP Corp S.A. reserves the right to refuse registration of a bank Account, in particular if it has been previously registered in connection within another TEPEELIB Account or if it has not been opened with a credit institution within a country in the European Economic Area.
TEPEELIB reserves the right to block the Account of a Customer while waiting to receive all the documents and information deemed necessary.
As long as the Merchant hasn’t sent all the documents sent as part of their registration and/or requested subsequently by EMP Corp S.A., the latter the latter will retain any sums received in the meantime from its accounts. No interest will be charged to the Merchant for the sums withheld in this way.
The Merchant must then mark a second box where they declare to accept the present T&COS-T&COU. Chiefly, a link will direct them to the said T&COS-T&COU. The Merchant should take note of the present T&COS-T&COU prior to accepting them. From the moment the Merchant marks the box “I accept the T&COS” and completes their registration, the present T&COS-T&COU form the contract binding them to EMP Corp S.A. and governing use of the TEPEELIB Service.
The Merchant then licks on “Create my Account” to finalise their registration. They then will receive a confirmation email containing a link allowing them to activate their Account, as well as their username and password. Once they have clicked on this link, their Account is activated and they can start to use the TEPEELIB Product and its services.
The Customer is solely responsible for all usage that may be done with their username and password, and is the sole guarantor for their confidentiality, as well as any use of their TEPEELIB Account. 
Once these steps have been carried out, the present Contract is considered to have been accepted by the Merchant and TEPEELIB, and is thus concluded between them.

Article 17.3 – Right of withdrawal

The Merchant has a legal period of 14 days to withdraw. In this case, the Merchant notifies EMP Corp S.A. of their withdrawal in writing to the address of their headquarters or by email to contact@tepeelib.com within 14 days, starting from the moment they accept the present T&COS-T&COU. If the 14th day is a non-working day, the deadline is extended to the next working day immediately following the 14th day.
However, so that the User may fully benefit from the advantages of the present Contract and the TEPEELIB Product, EMP Corp S.A. will offer to make the Service taken out available to them in accordance with the present Contract.
Consequently, in the event of a withdrawal, the Transaction Fees for the transactions already conducted by the TEPEELIB Product remain payable to EMP Corp S.A., and the transactions conducted remain and are not cancelled.
In the event of an exercise of the right of withdrawal, the User will not be required to pay any fees aside from Transaction Fees like those explained above.

Article 17.4 – Updating and monitoring identification information

The Merchant will be identified by their email address and mobile telephone number. During the contractual relation between TEPEELIB and the Merchant, the latter is required to notify of any changes concerning their personal and professional information as well as any other information necessary for the proper execution of the Service.
The information provided by the Merchant at the moment of their registration constitutes the obligatory information in the framework of processing financial transactions and will be shared by EMP Corp S.A. with the competent authorities and the members of the Acceptance System.

Article 17.5 - Material and technical conditions

To use the TEPEELIB Service, the Merchant must have a mobile telephone connected to telecommunications networks and a subscription permitting them access to the Internet network. They can use the TEPEELIB Service via their mobile application. The User is committed to using the TEPEELIB Application in accordance with the conditions set out in the present T&COS-T&COU.
The Merchant is solely responsible for taking all necessary measures to guarantee the necessary level of protection for their mobile telephone against all virus or spyware risks, whatever they may be.
EMP Corp S.A. cannot therefore be held responsible for any defect in the Service due to any such alteration, which the Merchant accepts. Furthermore, the Merchant acknowledges that they have been advised that incidents in the operation of the Service cannot be excluded. Consequently, they authorise EMP Corp S.A. to cease or modify the functioning of the Service at any moment to preserve reliability and security, and clear EMP Corp S.A. of any responsibility to this end.
EMP Corp S.A. cannot be held responsible for potential defects or poor functioning of the telephone services, mediums and software used to allow for access to TEPEELIB’s services, neither in the event of a force majeure or similar (war, natural disasters that make the communication networks unusable etc.) nor, ultimately the risks linked to the characteristics of the Internet or inherent with sharing information via the Internet, risks that the Merchant declares to accept.

Article 18 – Elements of the TEPEELIB Application

Article 18.1 - The Personal Space

Functionality
The Personal Space namely allows the Merchant to consult their Account. They may consult the following data – the number and amount of payments carried out and their transaction records – and to gain access to modifying their password.
On the website www.tepeelib.com, the Merchant can equally modify their personal and bank details via this Personal Space. TEPEELIB reserves the right to ask them the relevant supporting documents.
The Merchant has the option of modifying their password in accordance with the instructions that are sent to them by TEPEELIB during the procedure for their intended modification. They must enter their former password to choose a new one and confirm the latter by re-entering it. Choosing their password and modifying it is done under the responsibility of the Merchant.
Access to their Personal Space
To access their Personal Space, the Merchant signs in by using the means of authentication that they hold in accordance with their Contract with TEPEELIB and which are personal to them.
It is strictly prohibited for a third party to be granted access to their TEPEELIB Account or their personal space. The Merchant is equally prohibited from making any functional or computer alteration to the TEPEELIB Service that may hinder its operation. Its usage is strictly limited to carrying out the defined transactions.
The Merchant is responsible for their password. They must therefore keep it absolutely secret and not communicate it to anybody. The Merchant must enter their password to open their TEPEELIB application on the one hand, and whenever the TEPEELIB Application asks them on the other hand.
In case they forget or incorrectly enter the password, the Merchant may have access to the password reset procedure. To do this, they must head to their TEPEELIB Application and click on the section “Password forgotten?”. They must then enter their email address and a confirmation email will be sent to them to confirm the taking into Account of their password reset request and by providing them with a new password.
Objection to access
In the event of fraudulent access by a person other than the Merchant, the latter should object to the access to the Service as soon as they are aware by informing EMP Corp S.A. By any means that suits them, in particular by email at contact@tepeelib.com .
From the moment the objection is made until its lifting, use of the Service will be blocked. Any verbal objection made must be immediately confirmed in writing, in particular to the email address contact@tepeelib.com .

Article 18.2 – Payment request

On the TEPEELIB Application, the Merchant may initiate payment requests with their customers. They will thus enter the Customer’s title, their name, their mobile telephone number, the language of the message and the requested amount.
The Merchant will then request on “Request payment”. An SMS is then sent to the listed mobile telephone number with a link upon which the Customer must click to carry out the payment. The SMS will in particular list the name of the Merchant as registered, the amount of the requested Transaction and the link to TEPEELIB’s secure payment site.
Clicking on the link from their mobile telephone, the Customer accesses the payment page where they must provide their name, their Bank Card numbers, the expiry date and the CVV code. Once all these fields have been filled in, the Customer clicks on “Pay” and the Transaction is begun.
The Customer and the Merchant will each receive a confirmation SMS if the Transaction has been carried out or has failed. If, however, the Customer does not carry out payment within a 15 minute period, the Transaction will expire and no SMS will be sent.
The Merchant is responsible for asking the Customer to read the T&COS-T&COU before the Transaction, and to explain the payment process via the TEPEELIB Application to them in the best way possible.
The Customer is committed to initiating a payment request only when they have performed or are about to perform a payment request for the Customer. The Merchant is not authorised to send payment requests that are untimely, unjustified, or of an incorrect amount, nor may they misappropriate the prime purpose of the TEPEELIB Application to pay themselves or to get money in an unjustified way.
EMP Corp S.A. reserves the right to block the Account of the Merchant if it does not correctly use the TEPEELIB Application correctly and to reimburse the customers who demonstrate that the Merchant has requested an amount from them in an untimely, unjustified or incorrect manner. This procedure involves a debit on the Merchant’s Account and the extraction of a flat fee of €100 per reported infringement.
For security and confidentiality reasons, the Customer’s bank details will not be stored and recorded on the Merchant’s mobile device but will be stored securely by EMP Corp S.A.

Article 19 - Procedures in the event of loss or theft of mobile telephone

The Merchant must visit the site www.tepeelib.com to make a claim of loss or theft of their mobile telephone. The Merchant can equally make this claim via email at contact@tepeelib.com . To do this, they must enter or provide their mobile telephone number. Once this step has been carried out, an email confirming receipt of the claim of loss or theft of their telephone will be sent to the Merchant for validation. The blocking of their Personal Space will then come into effect.
This claim of loss only concerns use of TEPEELIB. It does not replace in any way a claim of loss or theft made with the relevant judicial authorities.

Article 20 - Statement of transactions and contestation

The information pertaining to the functioning of the Merchant’s Account that can be retrieved in “History” are stopped at the final computer processing before the consultation and supplied subject to the transactions in process.
The Merchant should monitor the recorded transactions on their Account.
If the Merchant wishes to contest a Transaction, they must inform EMP Corp S.A. of it via email so that the latter may formulate the procedure to follow in accordance with the contestation being made.

Article 21 – Monitoring of the Service and cap on usage

The Merchant is informed that, as part of the fight against money laundering and the financing of terrorism, the Transactions carried out via the TEPEELIB Application are subject to constant monitoring and to certain maximum limits per transaction, namely the limit of EUR 2500 maximum for a Transaction amount.
The Merchant can request EMP Corp S.A. to provide them with additional information on the amount of these limits at any moment.
The TEPEELIB Application will block any transactions that lead to an exceedance of the caps on use, and EMP Corp S.A. reserves the right to request proofs of identification and address at any moment, as well as any other relevant document, including those below the required for security reasons or to update the Merchant’s file.Any refusal may lead to the suspension or the closure of the Merchant’s Account.

Article 22 - Blocking of Account and access to the TEPEELIB Service

EMP Corp S.A. can block the Merchant’s Account usage and access to the TEPEELIB Service for serious security reasons in accordance with the legislation in force, particularly for preventing any use of the Service for unauthorised, illegal or fraudulent purposes, for money laundering or financing of terrorism.
This blocking decision is not subject to any motive or prior notification to the Merchant.
EMP Corp S.A. can equally block the Merchant’s Account usage and access to the TEPEELIB Service for contractual reasons or, at their sole discretion, for technical reasons, in particular for maintenance. This blocking decision is subject to a motive and notification via email to the Merchant.
Furthermore, as soon as the Merchant discovers misappropriation of their Account or any fraudulent usage of the latter or the data tied to their usage, they must inform TEPEELIB of it without delay for the purposes of blocking their Account and access to the TEPEELIB Service by indicating the reasons why they are requesting for it to be blocked.
The blocking request is immediately taken into Account and must be confirmed without delay by the User, who must click on the link that has been sent to them in an email by EMP Corp S.A. EMP Corp S.A. cannot be held responsible for the consequences of a blocking request by telephone, email or internet that does not stem from the Merchant.
Unblocking of access to the application can be requested by the Merchant by email.

Article 23 - Receipt of the payment order and execution of the payment transaction

Article 23.1 - Payment transactions

A payment transaction is defined as an action whereby the Merchant requests their Customer to pay them via the TEPEELIB Application.
A payment transaction is deemed to be authorised by the Merchant once the latter has entered the Customer’s information on the payment request form.

Article 23.2 - Turnaround time

The execution of payment transactions is immediate. In fact, once the Merchant has validated the initiation of the payment request, and the Customer has validated their payment order by entering their Bank Card details, the amount of the transaction is immediately and automatically credited into the Merchant’s TEPEELIB Account if successful, and will therefore be immediately visible on the Merchant’s Account.
The order to carry out the Transaction is irreversible without the express and reasoned request of the Merchant. This express request will be subject to a fee charged to the au Merchant at an amount of EUR 30.00.
By subscribing to the TEPEELIB Service, the Merchant accepts receipt of payment transactions carried about by a Customer for their profit. For this purpose, it is specified that any payment received by the Trader being paid into their wallet will be credited into their personal bank Account provided during their registration when they request it via the transfer request button on their personal space.
This automatic payment is only possible for a minimum of EUR 5.00. For automatic payment requests made after the 20th day of the current month, a minimum of EUR 7.00 will be held in the Merchant’s TEPEELIB Account until the end of the current month if no cancellation of their Account has occurred before this date.

Article 23.3 – Transaction failure

The Transaction carried out is liable to fail with the Merchant being unable to oppose it, particularly but not exclusively, if:

  • The Customer does not have sufficient funds on their Bank Card;
  • If the usage caps mentioned are exceeded;
  • If the Customer’s Bank Card has expired;
  • If the Customer’s Bank Card is not one of the bank cards accepted by TEPEELIB;
  • If fraud is suspected;
  • If the Transaction is carried out from a lost or stolen Bank Card;
  • If the Transaction is refused by the Customer’s bank

Article 23.4 - Refusing execution

EMP Corp S.A. reserves the right to refuse to execute a payment transaction. Such a refusal will be justified upon a simple request by the Merchant by email.
Transactions that fall through on their own do not constitute a refusal to execute. Thus, transactions that fall through for reasons other than EMP Corp S.A.’s own will do not fall within the scope of the present article. Reasons other than EMP Corp S.A.’s own will may include in particular, but are not limited to: insufficient funds on the Bank Card, incorrectly provided bank data, automatic blocking of certain countries, limits etc.

Article 24 - Responsibilities of the Merchant

Article 24.1 - General

The Trader is committed to use the TEPEELIB Application in accordance with the present T&COS-T&COU, as well as with the laws and regulations in force.
In the event of suspected fraud, serious breach of the rights of clients or third parties, infringement or failure to comply with these conditions and in general with laws and regulations, TEPEELIB reserves the right to take one the measures below without delay or without any prior notification necessary:

  • restrict or limit access and/or use of the TEPEELIB Application;
  • delete the TEPEELIB Profile or close the Trader’s TEPEELIB Account and to permanently disable access to the TEPEELIB Application and its services;
  • Maintain on its books the amounts received from the transactions for the benefit of the Trader, and until sufficient supporting documents for these transactions or any other necessary documents required by EMP Corp S.A. are transmitted to the latter.

Article 24.2 - Responsibility of the Trader and TEPEELIB in the event of unauthorised payment transactions

No transaction is accepted by the Merchant after the blocking request, without exception.
By way of exception, the Merchant accept all losses incurred by unauthorised transactions, if these losses are the result of fraudulent activity on their part or if they have been unsatisfactory intentionally or by gross negligence.
The Merchant remains responsible for any damages concerning the good or service that they intend to sell to the Customer and for which the Customer pays the Merchant using the TEPEELIB Application. Furthermore, TEPEELIB is only responsible for the transmission and execution of the payment transactions.

Article 25 - Pricing

The TEPEELIB services, along with usage of the services of the TEPEELIB Application described in the present T&COS-T&COU, are billed according to the the tariff grid assigned to the Merchant.

Article 26 - Duration of Contract and termination

Article 26.1 - Duration of Contract

The present Contract is concluded for an undetermined duration. EMP Corp S.A. or the Merchant may terminate it in accordance with the conditions below.

Article 26.2 - Termination of Contract

The present Contract can be terminated at any moment by either party, in writing and with a notification period of 30 days. However, EMP Corp S.A. will be exempted from this notification period in the event of objectionable behaviour by the Merchant or their clients or circumstances specified by the regulations that make maintaining the Service impossible. Termination will lead to the cancelling of the Service. No fee will be due by the Merchant in the event of the Service ending.
When termination happens after the 20th day of the current month, the Merchant recognises and accepts that an amount of EUR 7.00 minimum must be kept on their Account to cover the potential fees that may arise at the beginning of the month in accordance with the tariff grid that applies to them (like a subscription etc.), and that in the event of an automatic payment from their TEPEELIB Account to their personal bank Account, the Merchant must keep at least the amount of EUR 7.00 in their TEPEELIB Account.
While the present Contract is terminated by one or the other of the parties, the Merchant may request the reimbursement of the balance amount resting in their Account, this being subject to the outcome of the transactions in progress.

Article 26.3 – Inactive Account

In the event of an inactive Account, meaning that the Merchant’s TEPEELIB Account has not made a successful transaction for more than 30 days, inactivity fees of EUR 5.00 will be taken from the Account balance. If and when the Account has a balance of zero following the levying of the inactivity fee, this Account may be closed without notice in accordance with the conditions of article 26.2.

Article 26.4 - Death of Merchant

In the event of the death of the Merchant, and once TEPEELIB has been informed, the service is blocked and no transaction initiated following the death may be debited or credited until the rights of the heirs have been proven or the instructions of the notary in charge of the estate have been given.

CHAPITRE IV – Provisions applicable to customers

Article 27 - Registration with TEPEELIB services

The Customer is only registered with TEPEELIB services to carry out the Transaction required by the Merchant. For this, they will provide the Merchant wit their title, their surname, their first name and their mobile telephone number so that the Merchant can enter these items in the payment request.
The Customer will then receive a confirmation SMS inviting them to settle the amount indicated by following a link contained in the SMS. This link leads the Customer to a secure TEPEELIB site where they must enter their Bank Card numbers, expiry date and CVV code, then click on “Pay”. The amount to pay is specified on the site’s payment page.
The Customer has no other information to enter or communicate to the Merchant. In particular, the Customer is asked to not share their Bank Card details with the Merchant, and to fill out the fields in TEPEELIB’s secure payment request form away from prying eyes and without any external tool that may fraudulently memorise and use this data thereafter.
It is noted that, in order to allow the Transaction to be properly carried out, the Customer authorises the TEPEELIB Application to transmit the personal information mentioned to the payment service provider and the entire Acceptance System.

Article 28 – Execution of the Transaction

By communicating their personal information to the Merchant, by clicking on the payment link contained in the confirmation SMS that they receive, then by entering their Bank Card details and by clicking on “Pay”, the Customer initiates the Transaction.
By initiating and carrying out the Transaction, the Customer credits the Merchant’s TEPEELIB Account with electronic currency to an amount indicated by the Merchant in their payment request and indicated in the confirmation SMS.
The electronic currency is automatically credited in the wallet of the Merchant, who now holds, in the form of electronic currency, the amount of the initiated Transaction.
The Customer then receives an SMS confirming their payment with the date of the Transaction, the number of the Transaction and the amount in EUR. By clicking on the link contained in the first SMS, they will then return to TEPEELIB’s payment page and can then download the invoice in pdf (document) or jpg (image) formats.
In their bank Account, the Customer will see the title “www.tepeelib.com” appear.

Article 29 – Acceptance and contestation

By communicating their personal information to the Merchant, then by clicking on the payment link contained in the confirmation SMS that they receive, and finally by entering their Bank Card details and by clicking on “Pay”, the Customer is deemed to have fully accepted the present T&COS-T&COU. Equally, the Customer is deemed to have accepted this mode of payment, as well as the payment itself.
If the Customer contests the Transaction in relation to the service or good bought, they must do it directly with the Merchant. If the Customer contests the execution of the Transaction itself, they should do so by email to contact@tepeelib.com, providing their identity, the date of the Transaction, the Merchant who is beneficiary of the Transaction and the reasons for contestation.
EMP Corp S.A. will take the necessary steps to take into Account the requests made by customers, and if need be, to put the Customer in contact with the Merchant, so as not to leave any contestation unanswered.

Article 30 – Data management

In accordance with the legislation in force, the Customer’s data will be held in a secure storage space for five years after the final Transaction they have made, for the sole purposes of being transmitted to the competent authorities if necessary and if EMP Corp S.A. is legally required to.
In no case will the Customer’s bank details be transmitted to the Trader nor stored on the Trader’s mobile device.

Article 31 – Responsibility of the Customer

The Customer is responsible for the information that they transmit to the Merchant and the information that they enter on the TEPEELIB payment page.
Furthermore, the Customer has the duty to ensure when paying for the Transaction that the good or service provided by the Merchant has been properly delivered to them or will be properly delivered to them. EMP Corp S.A. cannot be held responsible for payments carried out by the Customer for offers from a Merchant that are clearly implausible or at a price that is clearly too low or too high.

Article 32 – Tariffs

Use of the TEPEELIB Product is free for the Customer.