Terms Of Use of the Ingenico Financial Solutions payment service

TERMS OF USE OF THE TUNZ.COM PAYMENT SERVICE
1. Definition
For the purposes of the terms of use, the following words have the meaning that follows when they
are indicated with a capital letter, unless the context requires a different interpretation:
Balance: balance of E-money available in a User's Electronic Wallet, i.e., the nominal value of the
funds transferred by the User to Tunz in order to credit such Electronic Wallet, plus all payments
made to the credit of such Electronic Wallet by using the Services, net of the value of all payments
made by the User by using the Services or transferred by Tunz to the User's bank account.
Business Day: bank working day in Belgium, before 5:00 PM.
Electronic Money (or E-money) or Electronic Wallet: the electronic money (e-money) issued by
Tunz at its face value in exchange for remittance of funds, representing a claim on Tunz and enabling
use of the Services, pursuant to the provisions on the issue of e-money in the Belgian law of March
22, 1993 on the status and control of credit institutions or in any other applicable law. Each Electronic
Wallet is associated with a particular set of Services and can be used only in relation to such
Services.
Equipment: computer, telephone equipment or any other equipment used by the User in order to
access/use the Services.
Identifier: password, code, number or any other identifier communicated to the User enabling the
User to use certain Services and Electronic Money issued by Tunz.com, as specified in the Practical
Tips pertaining to such Services.
Merchant: any tradesman or craftsman, natural or legal person, with whom Tunz has made an
agreement enabling payments to this merchant by his customers, using the Services.
Practical Tips: detailed information, requirements and guidelines supplementing these Terms, and
regarding the main characteristics of each set of Services (including applicable technical requirements
and spending ceilings). The Practical Tips pertain to one specific set of Services. References herein
to the Practical Tips are references to the Practical Tips that are relevant to the set of Services being
used in relation to an Electronic Wallet.
Services: The Tunz.com Electronic Wallet and payment services and all other ancillary services
proposed by Tunz, as they are specified in the Practical Tips.
Terms: These Terms of Use of the Tunz.com payment service, registered in Brussels on <•>, as they
may be amended from time to time.
Tunz: Tunz.com SA, a limited company (société anonyme) approved as an e-money institution,
having its registered office in 1200 Brussels, 102 Boulevard de la Woluwe, registered in the register of
legal persons under number 886.476.763 (email : info@tunz.com). Tunz.com is subject to the
supervision of the National Bank of Belgium, Boulevard de Berlaimont 14, 1000 Brussels – tel.
02/221.21.11 – www.nbb.be) and is included (search by name function) in the list of approved credit
institutions given on the website of the National Bank of Belgium.
User: any natural or legal person having agreed to these Terms, and holding Electronic Money. A
User has several Electronic Wallets if he uses several sets of Services.

Website: Tunz Website, i.e., www.tunz.com.

2. Scope
2.1 Tunz.com offers and operates Services enabling Users holding E-money to give payment
instructions to Tunz, by means of the functionalities defined in the Practical Tips, in the form of a
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transfer of E-money in favour of third parties, whether they are Users or not. Tunz can also offer other
related services as specified in the Practical Tips. Tunz can make amendments or improvements that
it deems helpful or necessary to ensure the continuity, development and security of its Services
without owing any compensation. The Services can also be limited or extended at any time by Tunz
(either individually or collectively for all Users), without this giving entitlement to any right to
compensation, after informing the User(s) thereof to the extent required by law, pursuant to the
provisions of Article 20 hereunder.
2.2 The Terms constitute an offer of agreement between Tunz and the User and, along with the
Practical Tips, they govern the use of the Services. The Practical Tips are an integral part of the
agreement between Tunz and the User in respect of the E-Wallet to which the Services apply. The
Terms and Practical Tips are available at any time on, or through a link on, the Website. The User can
consult and reproduce them at any time and in order to keep a copy, can store them (i) on his
computer or on another medium, (ii) send them to himself by e-mail or (iii) print them on paper. On
formal request to Tunz, he can receive those documents free of charge on paper or any other lasting
medium.
2.3 Each Service will be provided by Tunz pursuant to the Practical Tips applicable to that
Service, as they are in force at the time of receipt of the User's request. In the event of a discrepancy
between the information available on the Website and the provisions of these Terms, these Terms
shall prevail. In case of discrepancy between these Terms and the Practical Tips, the latter shall
prevail.
2.4 By checking the box "I accept" relating to the Terms on the Website, the User explicitly
certifies that he has carefully read and understood the Terms (including the Practical Tips) in force on
the day of his acceptance, and that he accepts them in full, with a view to signing the agreement
between the User and Tunz pursuant to these Terms. Acceptance of the Terms by the User as
indicated hereabove and the version of the Terms accepted by the User are recorded and archived by
Tunz in its computer systems in an inalterable, secure and reliable manner and the User can obtain a
copy of the Terms as accepted by himself on written request addressed to Tunz’s registered office (or
to any other address indicated in the Practical Tips). Tunz can (but is not required to) communicate an
Identifier to the person to the benefit of whom a Electronic Wallet has been created by Tunz without
this person having first accepted the Terms (it being understood that when a person receives a
payment through the Services without having accepted the Terms beforehand, the Identifier given to
this person shall be an Identifier enabling the use of the same type of Services as the Services related
to the Electronic Wallet from which the payment has been made to this person). Tunz may consider
that the remittance of funds or the communication of a payment instruction given by a person in
accordance with the Practical Tips is equivalent to acceptance of these Terms (including the Practical
Tips) by this person.
2.5 The Terms and Practical Tips are available in the languages defined in the Practical Tips, at
the User's choice. Tunz undertakes to communicate with the User throughout the duration of the
agreement, in one of those languages, at the User's choice. Nevertheless, this is without prejudice to
the use of the Identifier and other identification languages associated with the Services as specified in
the Practical Tips.