Terms and Conditions
Last Update: 4/12/2018
The site you are visiting is owned and administered by flywallet SAS.
Unless context requires otherwise, capitalized terms not defined within the Agreement shall have the following meanings:
- “Account” or “flywallet Account” or “Wallet” or “MangoPay Account” means the account you must register for through the “Site” or “App” in order to use the Service. This account is linked to your “Card” for the purpose of receiving and holding transferred funds according to your budget “Settings”.
- “Affiliates” refers to any third party, firm, corporation, limited liability company, or other entity that now or in the future, collaborates with flywallet to provide travel experiences through the flywallet “Site” or “App”
- “App” or “Platform” or “Site” means the website or mobile application developed by flywallet SAS
- “Balance” or “Fund” means the amount that has been saved to date and the sum of transactions debited from a “card” to the platform
- “Bookings” or “Purchases” means any flight, accomodation, package, or experience bought through the “flywallet” platform.
- “Card” means the debit or credit card registered on the “Site” or “App” in order to deposit funds into your “flywallet Account”.
- “Commission” or “Flat Fee” or “Service Charge” or “Service Fee” or “Fee” means the amount you pay to flywallet for the “Service” at the moment of booking or if you decide to refund saved funds from your “Account”.
- “Content” means any text, pictures, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Site and Service).
- “flywallet“, “we”, “our” or “us” shall mean flywallet SAS or any of its Co-founders.
- “Payment provider” or “MangoPay” means the entity licensed to provide e-wallets and covering and maintaining the collection and transfer of your ”Saved Amounts”.
- “Parties” means flywallet and the Users.
- “Profile Details” or “Profile Settings” or “Settings” means the information that you provide through your Account that authorize flywallet to take certain automated actions including, without limitation, (i) transfer funds from your “Card” via direct debit to your “flywallet Account” on specified dates or at regular intervals as decided by the “User”.
- “Recommended budget” means the amount and rate that the flywallet platform advises the “User” to save in order to reach their personal travel goals defined through their “Profile Settings” , tracked flights, budget calculator page, or anywhere else on the App or website.
- “Saved Amounts” or “savings” or “deposits” or “funds” means the amounts collected by the Users on their flywallet Account.
- “Savings Goal/Plan” or “Budget” means the amount and conditions determined by the User anywhere on the App before starting to save.
- “Service” or “Products” means the flywallet interactive platform that assists you with establishing and meeting personal travel goals through various automated actions including, without limitation, (i) providing personalized recommended budgets, (ii) notifying you of savings and booking opportunities, (iii) automatically charging your “Card” to move funds into your flywallet Account based on your “Settings” via direct debit, (iv) allowing you to share your flywallet account on social media to crowdfund towards your “Bookings”(vi) and book travel experiences from our “Affiliates” through the “Site” or “App” as decided by the “User”.
- “Terms” or “Agreement” means these general terms and conditions.
- “User” or “you” or “your” means the natural and legal persons using the App.
2/ Acceptance of the Terms & Conditions
- Eligibility – To be eligible to use the service, you must be at least 18 years old. You represent and warrant that you are eligible to use the service.
- Your rights and obligations with respect to the “Site” and “Service”, as well as your username, password, or any other piece of information as part of our security procedures, are personal to you and you may not transfer such rights and obligations to any other person or entity. You are solely responsible for maintaining the confidentiality of Your flywallet “Account”, and for all activities associated with or occurring under Your flywallet Account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
- You hereby acknowledge and agree that you are responsible for maintaining and protecting accurate and current User Information. If you believe that your User Information or a device that you use to access any Site has been lost or stolen, that someone is using the Site or Service with your User Information and without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at firstname.lastname@example.org.
- You represent and warrant to flywallet that you have the authority to share this information with us and to grant us the right to use this information as provided in these “Terms”.
- YOU EXPRESSLY AGREE THAT USE OF THE “SITE” AND “SERVICE” IS AT YOUR SOLE RISK. THE “SITE”, SITE CONTENT AND “SERVICE” ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
4/ Prohibited Use
In connection with your use of the “Site” or “App”, you agree you will not:
- provide your Account information (including your Account log in credentials), flywallet profile information, Settings, or access to the Service to any third party unless such third party is an accepted flywallet service provider;
- upload or transmit any message, information, data, text, software or images, or other “Content” that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- create a false identity for the purpose of misleading others or impersonate any person or entity, including any flywallet representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- violate any Applicable Law or international law;
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage in accordance with the Limited License and Site Access outlined above;
- probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Service if you are not expressly authorized to do so;
- harvest or otherwise collect information about others, including e-mail addresses; or
- use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site.
- use the Site in any way that could damage, disable, overburden, or impair any server, or the network(s) connected to any service
- use the Site for any illegal purposes or other than the business purpose for which it was intended.
We provide an interactive platform that assists you with establishing and meeting personal travel and savings goals by (i) offering an integrated flight search engine (ii) providing recommended saving budgets, (iii) notifying you of savings and booking opportunities, (iv) automatically moving money from your “Card” via direct debit to your flywallet Account based on your “Settings”, (v) allowing you to share your flywallet account on social media to crowdfund towards your “Bookings”(vi) and book travel experiences from our “Affiliates” through the “Site” or “App” as decided by the “User”.
- Registration – To use our “Service”, you will need to create an “Account”, username, and password. You may be asked to provide certain registration and personal details including but not limited to your full name and date of birth. You should use caution when accessing your account from a public or shared computer and ensure that you log out from your Account at the end of each use so that others are not able to view or record your password or other personal information.
- Saving with flywallet – Saving through flywallet occurs through the transfer of funds via direct debit from a linked “Card” into an e-wallet supported by a partner “Payment provider”. As soon as an automatic budget has been set via “Settings” or anywhere else on the “App” or “Site”, the “User” agrees that flywallet may withdraw funds from the linked “Card”. All funds are stored securely with a partnered “Payment Provider”. At the moment a “User” adds funds or begins a “Savings plan”, the “User” agrees that their saved funds will be used to spend on bookings through the platform. Otherwise, in order to withdraw funds back into a personal bank account, the “User” will owe “flywallet” a refund fee that includes incurred transaction pay-out fees by “Mangopay” as well as a fixed sum of 10€.
- Booking through flywallet – You authorize flywallet to manage your booking information. Bookings will be charged automatically to the balance displayed on your account. You will receive your e-ticket and confirmation details through the flywallet platform once your payment has been successfully received. flywallet may subject your purchase to a review period before confirming your booking to verify the information you’ve provided for your booking is correct. If your booking is not approved, the price of the booking is refunded to you immediately. You agree that once your payment is complete and booking is approved, all changes or flight cancellations must be performed by you directly with the airline and according to that airline’s policy. Flywallet does not manage flight changes and cancellations.
- Fees & Transactions – The price that is displayed on our flight search engine is the price for the flight ticket(s) or bookings alone and it includes the base fare to the destination, the airport charges, fuel charges, and VAT. The amount displayed anywhere else on the “App” or “Site” is the full price including both the booking fare and the “Service Charge”. Luggage could come at a separate charge and is not displayed or included in the ticket price on our website. Flywallet does not collect a fee per transaction while a “user” is saving. The “User” will only pay a “Service fee” at the moment of booking. The amount is determined by the accumulation of transaction fees that the payment provider “MangoPay” charges (found here: https://www.mangopay.com/pricing/) plus a fixed sum of 25€.To withdraw funds from your flywallet account to your funding account there is a refund fee equal to 10€ plus any accumulated transaction fees due. Notwithstanding the foregoing, you acknowledge and agree that flywallet reserves the right to set and charge fees in the future for your use of the Site and the Services. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Flywallet reserves the right to change, modify, supplement, or update this Agreement (each, an “Amendment”), from time to time without advance notice by posting such Amendment on the Site. All changes are effective immediately when we post them, and apply to all access to and use of the “Site” or “App” thereafter. We encourage you to periodically visit this Agreement to check for any Amendments. In the event that an Amendment to this Agreement materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the website or mobile application or sending notices to you at your email address. You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the “Site”, the “App”, or “Service” after such amendment is posted. Unless otherwise indicated, any new Service added to the Site will also be subject to this Agreement effective upon the date of any such addition. You are encouraged to review the “Site” and this “Agreement” periodically for updates and changes. The most current version of this Agreement will be effective as of the date specified in the “Last Updated” legend set forth above. We may update the content on the website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend this website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
8/ Consent to Electronic Communications
When you accept this Agreement, you acknowledge that flywallet may provide certain information, including information regarding your use of the “Site” or “App”, the “Service”, and flywallet Account, to you electronically through email, the “Site” or “App” or “Service”, or links to notices posted on the website, unless and until you withdraw your consent. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any communications provided by us electronically are deemed to be given and received on the date we transmit any such communication as described in this Agreement. You understand and agree that if flywallet sends you an electronic communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic communications, flywallet will be deemed to have provided the communication to you.
The categories of Communications that may be provided by electronic means include:
- any Amendments to this Agreement;
- disclosures or notices provided in connection with the “Service”, including any such notice required by Applicable Law;
- any statements concerning your flywallet Account;
- any customer service communications, including communications with respect to claims of error or unauthorized use of the “Site”, “App” or “Service”; and
- any other communication related to the “Site” or “App” or “Service”.
flywallet reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which flywallet provides electronic Communications. flywallet will provide you with notice of any such termination or change as may be required by Applicable Law. You are free to withdraw Your Consent at any time. If at any time you wish to withdraw Your Consent, you can send us your request by emailing us at email@example.com. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and Company may close or limit access to your account.
9/ Ownership of Content
You acknowledge and agree that the “Site” and its entire contents, features and functionality (including but not limited to all information, software, products, procee, algorithms, user interfaces, know-how, technologies, designs, text, displays, images, video and audio, other tangible or intangible technical materials or information made available to you by us throughout the provision of the services or by using our “Site” or “App”), are owned by flywallet SAS. Unless expressly set forth herein, no expressed or implied license, trade mark, design right, content right or right of any kind is granted to you regarding our website, “Site”, “App”, or any part thereof. These “Terms” permit you to use the “Site” for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website. You may download information from the “Services” and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or “Content” obtained from the “Site” or “Services”, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of flywallet or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by flywallet. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. flywallet does not warrant or represent that your use of Content or the Services will not infringe rights of third parties. FLYWALLET DOES NOT SCREEN ALL THIRD PARTY CONTENT ACCESSIBLE THROUGH THE PRODUCTS AND ALL USE OF SUCH CONTENT BY YOU IS AT YOUR OWN RISK AND FLYWALLET SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THIRD PARTY CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY THIRD PARTY CONTENT USED IN THE PRODUCTS IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that the content of a third party included in the platform violates any laws or regulations, including, without limitation, any copyright laws, you should report it to the Company via email at firstname.lastname@example.org
Flywallet SAS may terminate this “Agreement” at any time in its sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of this “Agreement”. You may terminate this “Agreement” at any time by ending your use of the ‘Site” and the “Service”. You may close your account at any time by contacting us at email@example.com. “flywallet” may close your account if you do not log in to the “Site” or use your “Account” for one or more years.
You agree to release, indemnify, and hold harmless “flywallet” and its “Affiliates”, and their respective shareholders, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way related to your violation of this “Agreement” or your use of the “Site”, including, but not limited to, your “Protile Details” and other contributions, any use of the website’s or mobile application’s content, services and products other than as expressly authorized in this “Agreement” or your use of any information obtained from the “Site”.
12/ Limitation of Liability
YOU UNDERSTAND AND AGREE THAT FLYWALLET, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, SERVICE OR THIS AGREEMENT, EVEN IF FLYWALLET HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, PRODUCTS AND SERVICE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICE OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE AND SERVICE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE FLYWALLET DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13/ General Disclaimers
- The booking conditions described apply to the contract you enter into for any travel services arranged by or through flywallet SAS. Other terms and conditions may also apply in these cases; flywallet SAS is an intermediary and does not itself operate or provide any travel services. For all bookings your contract will be with flywallet “Affiliates” whose flights are made available through flywallet. For more information regarding terms and conditions regarding your journey – see the travel conditions of the relevant air carrier.
- “flywallet” may choose not to provide service to you, to a specific airline or to an online travel agency at any time for any reason, including but not limited to, your history of transactions on our site.
- If you need to make changes to your flight, email us at firstname.lastname@example.org first and foremost. You understand that if the airline charges a fee for these changes, you must pay this fee directly with the airline. If, during the provision of our services, the conditions of carriage are changed by a selected carrier, flywallet will notify you accordingly in a reasonable manner.
- In the case of flight delay(s) or cancellation(s), flywallet is absolved of all responsibility to further compensate and/or reimburse you.
- Flywallet emphasises that for your ticket’s specific luggage allowances it is recommended to contact the relevant air carrier directly.
- Flywallet does not handle any funds or bank account information and does not hold or own any funds in your Account.
- We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your flywallet account, either with or without your knowledge.
- flywallet does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, service, text, graphics, and or links associated with the site. If your use of the site or the materials, service, text, graphics, and or links associated with the site results in the need for servicing or replacing equipment or data, flywallet is not responsible for those costs.
14/ Consent to Jurisdiction
This Agreement will be deemed, will be governed by and interpreted in accordance with French law, without regard to conflict of laws principles.
15/ Entire Agreement
This “Agreement”, as may be amended from time to time, and each of its exhibits or appendices, constitute and contain the entire agreement between the “Parties” with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
16/ Contact Us
If you have any questions about this Agreement, please contact us. We will attempt to respond to your questions or concerns promptly after we receive them.
flywallet can be contacted by email at email@example.com or at the official social media accounts by private message at https://www.facebook.com/Flywallet and/or https://twitter.com/Fly_wallet, and or/ instagram: @flywallet
9 rue Jean Grandel
94360, Bry-sur-marne, FRANCE