The company Wilout, SAS registered with the Antibes RCS under number 820 656 346, whose head office is located 14 rue Jean Raymond Giacosa, 06800 Cagnes-sur-Mer, offers its users, event organizers, a dematerialized payment solution allowing participants of an event to make purchases within the venue of this event via a medium equipped with an NFC chip.
It is specified that this payment solution is neither a payment service, nor a service for issuing or distributing electronic money.
These General Terms of Service (” CGS ”) detail the conditions under which Wilout offers access to its Cashless services to Participants.
Any Participant wishing to use the Cashless Service acknowledges having read, understood and accepted all of these T&Cs without reservation.
In addition to the terms defined in the body of the CGS, the following are understood to mean:
Credits: refers to the value units loaded onto the Participants' Cashless Support.
Enclosure: refers to the venue of an event in which the Cashless Services are offered.
Event: refers to the event organized by an Organizer in which the Cashless Services are offered.
Organiser: refers to event organizers offering the Cashless Service as part of their Events.
Cashless payment: refers to any payment made by a Participant using their Support.
Participant: anyone participating in an Event.
Cashless services: the services offered by Wilout under these general terms of service.
Cashless support: refers to the hardware medium, generally consisting of a bracelet equipped with an NFC chip or a plastic card, made available by Wilout and used by Participants to make a Cashless payment.
Wilout provides a Cashless payment solution allowing access to the following functionalities:
However, the precise scope of the Cashless Services provided to Event Participants is the sole choice of the Organizer, who may at any time decide to set up, delete or modify some of the functionalities offered by Wilout.
The Participant is also informed that certain functionalities of the Cashless Services are only accessible provided that the Cashless payment terminals located in the Venue have access to a functional internet connection during the Event (hereinafter “the Internet Connection”).
Thus, the functionalities described in this article correspond to an exhaustive presentation of the functionalities of the Cashless Services, which will not necessarily all be applicable in the context of the Event in which the Participant participates, only the Organizer's general terms and conditions being authentic in this regard.
To access the Cashless Services, the Participant is given a personal and individual Support inside the Venue or prior to the Event being held.
The Support has a unique identification number (hereinafter “the Identification Number”) that it is the responsibility of the Participant to keep and not to disclose to third parties.
The Participant is solely responsible for the good conservation of his Support, which he must use in accordance with the instructions given by the Organizer in order not to damage it.
The Participant can create a personal Cashless account on the Event website (hereinafter “the Cashless Personal Account”) at any time, by:
Each Cashless Personal Account is individual and nominative. It is also unique, as the Participant can only create a Cashless Personal Account.
The Participant has the option of obtaining Support without creating a Cashless Personal Account by going to one of the dedicated counters located in the Venue (hereinafter “the Ticket Office (s)”).
In this case, the Participant is informed that he will not be able to benefit from all the functionalities of the Cashless Services offered, Wilout and the Organizer cannot in any way be held responsible for the consequences of the Participant's choice not to link his Support to a Cashless Personal Account.
The Participant has the possibility to create a Cashless Personal Account at any time and to link his Support to it via his Identification Number in order to access all the Cashless Services offered on the Event.
The Participant provided with a Support credits it with a sum of money, which is then converted into Credits, expressed in units of value chosen by the Organizer or in Euros, to be spent at the Organizer's and/or its Partners' points of sale in the Venue.
The Support can be loaded or reloaded with Credits as many times as the Participant wishes during the Event, within the limits of any minimum amount and maximum ceiling defined by the Organizer.
Credits can only be used for Cashless Payments made to the Organizer and/or its Partners and cannot be used outside the Event Venue. Likewise, Credits cannot be the subject of any transfer or exchange between Participants.
The loading or reloading of the Support is analyzed as a sale of goods and/or services paid in advance by the Participant, whose execution is then ensured within the Enclosure. Depending on the Cashless Service options chosen by the Organizer, the loading or reloading of a Support may take place online, via the Participant's Personal Cashless Account, or at a Ticket Office.
Subject to Internet Connection, the Participant has the ability to:
At the time of payment by bank card, the Participant is sent back to the secure payment interface of the Wilout payment provider. Wilout does not at any time hold the bank details of Participants, which are only and temporarily kept by the above-mentioned payment provider. As soon as the transaction is finally validated, the Participant's bank account is debited for the amount of the order and the Participant will be able to obtain a receipt of payment through his Personal Account.
In the absence of an Internet Connection, the Organizer will inform the Participant that only charging or recharging at the Ticket Office will be admitted during the Event, under the conditions of article 4.2 below.
In the event of a failure of the Internet Connection to the Venue during the Event, the Credits corresponding to the uploads and reloads made online during the Event may take longer to be recorded on the Participant's Support, without Wilout being held liable in this respect.
The amounts of money credited to the Cashless Personal Account through an online payment are collected by Wilout and deposited into an account opened in the name of Wilout at a banking institution, this account being separate from the accounts used by Wilout in the context of its current commercial activity, so that Wilout will in no way be able to use them for its own account.
Thus, when the Participant charges or recharges his Cashless Personal Account online, he contracts with Wilout, which thus acquires the status of seller in the context of this transaction.
However, the Participant is informed that as soon as he makes a purchase in the Enclosure via the Support reloaded online, Wilout transfers his status as a contractor to the Organizer under the conditions provided for in article 1216 of the Civil Code.
By charging or recharging his Cashless Personal Account online, the Participant expressly consents to this transfer, by Wilout, to the Organizer of the contract thus concluded and acknowledges that Wilout only temporarily acquires the status of contractor in the context of remote charging or recharging, but that it is in no way intended to provide goods or services directly to the Participant in the Event Venue.
Thus, Wilout cannot be held under any obligation or responsibility for the execution of sales within the Venue, the Organizer being solely responsible for complying with the legal and contractual obligations relating to these sales.
During the Event, the Participant always has the option of charging or recharging his Support at the Desk.
The amounts of money credited to the Support via a payment made at a counter are collected directly by the Organizer, without ever being transferred to Wilout's bank account, so that Wilout's bank account is, from the beginning, completely foreign to the sale thus concluded.
The payment methods accepted for loading or reloading at the counter are defined by the Organiser.
The Support allows the Participant to make purchases in the Enclosure provided that they are credited with a sufficient number of Credits, i.e. greater than or equal to the Credits required to make the desired purchase. In the event of insufficient Credits, the purchase is refused, unless the Participant recharges his Support beforehand.
The prices charged at the Venue's points of sale are freely defined by the Organizer and/or its Partners.
When the Participant makes a purchase using Support, it is instantly debited for the number of Credits corresponding to the value of the purchase.
When the Support is linked to the Participant's Personal Cashless Account, all Cashless Payments made with the Support can be viewed in real time through this account, subject to Internet Connection. In the absence of an Internet Connection or in the event of a faulty Internet Connection at the venue of the Event, the Cashless Payment history will only be accessible as soon as the data is synchronized by the Organizer.
It is recalled that the Participant can create a Cashless Personal Account at any time, including after the Event, in order to link his Support to it by entering the latter's Identification Number and thus access the history of all his Cashless Payments.
The Participant is solely responsible for the proper conservation and use of his Support and the attached Identification Number.
Wilout and the Organizer cannot be held responsible for any compensation or reimbursement of a Participant in the event of loss or theft of the Support or use by a third party, including in a fraudulent manner, of the Support or its Identification Number.
However, in the event that the stolen or lost Support was linked to a Cashless Personal Account, or upon presentation of its Identification Number, the Support may be deactivated at the Counter and replaced by a new Support which will be credited with the number of Credits existing on the lost or stolen Support, this option being however only offered subject to Internet Connection.
The Participant is informed that in the absence of an Internet Connection, the deactivation of his stolen or lost Support will be technically impossible, which will cause the loss of the Credits attached to it, without the responsibility of Wilout or the Organizer being able to ever be sought in this respect.
The Participant has no right to be reimbursed for the amounts credited to his Support at the end of the Event or in the event of its cancellation, this reimbursement being the sole will and responsibility of the Organizer. If necessary, the Organizer decides on the terms of refunds allowed, such as the requirement for a minimum Credit balance.
Wilout cannot therefore be held liable in this respect and will only be able to make refunds subject to having been previously authorized for this purpose by the Organizer.
It is also specified that Wilout will only be able to make refunds provided that the corresponding amounts are available or that they are actually made available to it by the Organizer.
Any request for reimbursement regardless of the cause must be accompanied by the bank details (IBAN) of the account to be reimbursed, which must be in the same currency as that of the loads made. Once these bank details have been submitted to Wilout, the Participant will not be able to make any changes.
The refund will take place in the form of a bank transfer to the bank account provided by the Participant, within the period defined by the Organizer.
When the Organizer's commercial policy provides for the possibility of a refund of credits not consumed at the end of the Event, the Participant may send his request for reimbursement to Guichet before leaving the Venue, and/or online via his Cashless Personal Account, according to the options offered by the Organizer.
In the event of a refund at the Ticket Office, the Organizer will provide the Participant with the sum corresponding to the Credits remaining on the Support under his sole responsibility.
In the event of an online refund, Wilout will only be able to reimburse Participants who have previously created a Cashless Personal Account and linked their Support to this account. It is reminded that the Participant can create a Cashless Personal Account at any time, including after the Event to request a refund.
When the Organizer sets up a refund policy for Credits not consumed at the end of the Event, this reimbursement is only possible for a limited period after the Event, the duration of which is defined and communicated by the Organizer.
The Participant must therefore make sure to send his request for reimbursement to Wilout within this period, otherwise his request will be refused.
The Participant is informed that the absence of a refund request sent within the required period will be equivalent to a donation of unused Credits from the Participant to the Organizer, to which the Participant unreservedly consents.
In the event of cancellation of the Event prior to its holding, the Participant will be reimbursed as soon as possible any amounts credited to his Cashless Personal Account, subject to providing Wilout with his bank details (IBAN).
In the event of the Postponement of the Event, these amounts may, depending on the option offered by the Organizer, be refunded under the conditions provided for in the previous paragraph or kept on the Cashless Personal Account pending the holding of the Event.
The Organizer may deduct Credits loaded on the Support from any costs associated with participating in the establishment of Cashless Services, such as fees for activating the Support or even reimbursement fees at the end of the Event. However, it is expressly stated that the invoicing of these fees is independent of Wilout and is the sole responsibility of the Organizer.
Wilout will therefore not be able to accept any complaint regarding the possible invoicing of such costs by the Organiser.
Any Participant is entitled to request the deletion of their Cashless Personal Account at any time, by going to the “My Account” section of their Cashless Personal Account.
Wilout cannot be held responsible for the consequences associated with the deletion of a Participant's Cashless Personal Account, such as the possible loss of the Credits allocated to it.
In the event of a serious and/or repeated breach of one or other of the provisions of these T&Cs, Wilout reserves the right to deactivate a Participant's Personal Cashless Account and suspend their access to the Services, without the latter being able to receive any compensation or reimbursement in this respect.
The Participant undertakes to make fair use of the Cashless Services and not to compromise their security.
The Participant is solely responsible for the identifiers and passwords of his Cashless Personal Account as well as for his Support and the associated Identification Number that he undertakes to keep and not to give or communicate to a third party.
In the event that his Personal Cashless Account or his Support is used by an unauthorized third party, the Participant concerned by this illicit use undertakes to inform Wilout immediately, which will then do its best to take the appropriate measures.
Any Participant acknowledges that they are solely responsible for the consequences of the use of their Cashless Personal Account, their Support and the associated Identification Number, whether by themselves, by an unauthorized third party or by any person to whom they would have allowed access.
The Participant undertakes to inform Wilout without delay if he should notice a malfunction of the Cashless Services.
Users expressly acknowledge that the Cashless Services, their interface and their contents, including images, photographs, and contents, including images, photographs, design, graphics, logos, designs, models, arrangements, brands, texts, are the exclusive property of Wilout and are protected by the French intellectual property code as well as by applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of Wilout under penalty of civil and criminal legal proceedings.
Wilout is the sole owner of all rights, titles and interests in the Cashless Services, their interface and their contents, including all intellectual property rights including, in particular, all rights relating to copyright, design rights, trademarks, signs, trade names, trade names, company names, trade names, company name, company name, name, company, domain, domain names, domain names, technology, know-how, and content, domain names, technology, know-how, and contents, including information relating to any request, any registration or renewal of those that may be protected by intellectual property laws, regulations or rules of any country.
Wilout grants a non-exclusive license to the Participant in order to be able to use the Cashless Services, their interface and their content within the strict framework of these CGS.
The Participant is the sole guarantor of the veracity and accuracy of the information provided when creating his Personal Cashless Account. Consequently, Wilout and the Organiser cannot be held responsible for the inaccuracy or the obsolescence of the data and information provided by the latter. In the event of a change in this data or information, it is up to the Participant to notify Wilout as soon as possible.
Wilout makes every effort to ensure that the Participant has unhindered access to the Cashless Services.
However, Wilout reserves the right, at any time, to restrict, totally or partially, access to the Cashless Services in order to ensure their maintenance, the updating of the proposed functionalities, as well as the backup of the data collected. Wilout undertakes not to make the Services unavailable for an excessive time, especially during the course of an Event.
Wilout cannot under any circumstances be held responsible to the Participant for the inaccessibility of the Cashless Services, if the origin of this inaccessibility does not result from Wilout's network equipment or is not under its control, for example in the event of damage to the Organizer's Cashless terminals or the failure of the Venue's Internet Connection during the Event.
Wilout is committed to implementing all state-of-the-art techniques necessary to ensure the security of the Cashless Services and to prevent any intrusion by unauthorized persons, regardless of the nature or technique used.
However, it is understood that Wilout cannot guarantee absolute security and that its security obligation is understood as an obligation of means. Wilout is not responsible for illicit intrusions or illicit uses of the identifiers and passwords of the Participant's Cashless Personal Account, unless it is shown that they are the result of a failure by Wilout in securing its network.
Wilout collects information about the Participant when the Participant creates a Cashless Personal Account. The information collected includes his name, first name, date of birth, date of birth, email address, mailing address, and telephone number. In addition, Wilout automatically records information from the Participant's computer and browser, including the Participant's IP address.
This information can be used to:
- Execute Cashless Services
- Personalize the Participants' experience on the Cashless Services interface
- Improve the Cashless Services interface
- Contact Participants by email
This processing is necessary for the performance of Wilout's contractual obligations and is based on its legitimate interest in providing Participants with relevant content. Wilout is the sole owner of the information collected on the Cashless Services interface, which will not be sold, exchanged, transferred, or given to another company for commercial purposes, without the express prior consent of the Participant.
However, this data may be entrusted to Wilout's subcontractors for the proper execution of the Cashless Services, who are in no way authorized to use for purposes other than the strict scope of their mission or to sell, exchange or transfer this data to third parties.
By validating these CGS, the Participant accepts that Wilout transmits his personal data to the Organizer and to his own subcontractors. Any use of the Cashless Services therefore implies recognition of the transmission of the information provided to the Organizer.
The Participant's personal data may only be disclosed pursuant to a law, regulation or court order. Non-private data, i.e. data that does not allow identification, may possibly be provided to third parties for statistical, marketing or advertising purposes. Wilout implements a variety of security measures, such as encryption, to keep Participants' personal information safe. Wilout also ensures that any service provider or subcontractor that it may use in connection with the collection and processing of this data presents adequate guarantees in terms of confidentiality, use and data protection.
The Participant has the right to access, limit, rectify and oppose the use of his personal data transmitted on the Services interface. Any request in this regard must be sent to the Wilout data controller and to the following address: 11 Avenue Frédéric Mistral 06800 Cagnes sur mer or by sending an email to support@wilout.com.
Any request must be accompanied by a photocopy or a scan of your identity document (identity card, passport, driver's license). Wilout undertakes to respond to this request within a maximum of one month following receipt of it.
For any assistance in carrying out his procedures, the Participant can consult the CNIL's letter templates allowing him to request:
- Access to personal data: https://www.cnil.fr/fr/modele/courrier/exercer-son-droit-dacces
- Rectification, updating, locking or deleting personal data: https://www.cnil.fr/fr/modele/courrier/rectifier-des-donnees-inexactes-obsoletes-ou-perimees
- Opposition to the processing of personal data for a legitimate reason or when this data is used for commercial prospecting purposes: https://www.cnil.fr/fr/modele/courrier/supprimer-des-informations-vous-concernant-dun-site-internet
Wilout cannot be held responsible for the consequences of the use of a Cashless Personal Account by an unauthorized third party.
Wilout cannot be held liable in any way whatsoever in the event of loss, theft or damage to the Participant's Support.
Wilout cannot be held responsible for a breach of one or other of its obligations if this breach was caused by an event of a force majeure nature within the meaning of French case law.
Wilout reserves the right to modify these T&Cs at any time, partially or totally. Any User is deemed to accept the current version of the CGS at each new use of the Cashless Services.
If one or more clauses of these CGS are held to be invalid pursuant to a law, regulation or following a court decision that has become final, the other clauses will remain in full force and scope.
Writing in electronic form will be an admissible method of proof of the rights and/or obligations of the parties to these GCS.
The computerized records, kept in Wilout's computer systems under reasonable security conditions, are considered by the Participant to be valid proof of communications, orders and payments made as part of the Cashless Services.
These terms and conditions are governed by French law.
In the event of a dispute that may arise during the interpretation and/or execution of these terms and conditions or in connection with the Cashless Services, the Participant may decide to submit it to a conventional mediation procedure or any other alternative dispute resolution method. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, in the event of a dispute not resolved after a prior request to Wilout, the Participant has the option of contacting the Service of the Association of European Mediators whose contact details are as follows: 197, Boulevard Saint-Germain, 75007 PARIS.
The procedures for contacting the Mediator are available on the following link: http://www.mediationconso-ame.com/
Last updated: May 2020