These Terms and Conditions (“T&Cs”) are applicable to newly registered customers from July 30th, 2020. They shall apply to customers who were already registered on the above mentioned date as of September 30th, 2020. Previous versions are available at https://lydia-app.com/en/info/cgu-lydia-particuliers-23102018.
1. What is Lydia? *
Lydia Solutions ("Lydia") is a simplified joint-stock company registered in Paris under RCS number 534 479 589 with capital of € 1,478,203, established at 14, avenue d’Opéra, 75001 Paris.
Lydia is registered with the Autorité de contrôle prudentiel et de résolution - ACPR, established at 4 Place de Budapest - 75436 Paris Cedex 09, under number 534 479 589.
Lydia is a mobile application that allows its Private Customers to benefit from payment services.
Within the framework of its activities, Lydia is mandated, as a Payment Services Provider Agent ("PSP agent") as defined in articles L.523-1 and following of the monetary and financial code, by two Partners:
- For payment account management by the Société Financière du Porte-Monnaie Électronique Interbancaire (SFPMEI), electronic money issuer (Establishment code 14378) whose registered office is located at 29 rue du Louvre, 75002 Paris, registered with the Paris RCS under number 422 721 274, approved by the ACPR ("the Banking Partner");
- For the provision of payment initiation and account information services by Budget Insight, payment institution approved by the ACPR (Bank Code 16948), whose registered office is located at 86 rue de Paris, 91400 Orsay, registered with the Paris RCS under number 749 867 2006;
- For card and IBAN issuance by Treezor SAS, approved by the ACPR as an electronic money institution, whose registered office is located at 94 rue de Villiers, 92300 Levallois-Perret, registered with the Nanterre RCS under the number 807 465 059 ("The Bank Card Partner") in the context of the provision of a payment card, the provision of electronic money and the management of the Wallet in the context of this activit.
Lydia is also :
- Mandataire en Opération de Banque et Service de Paiement (MOBSP) of the Banque du Groupe Casino for the provision of an instant loan offer;
- Mandataire d’Assurance (MA) of CNP Caution for the provision of an insurance offer allowing the Private Customer to protect one or more of their mobile devices.
2. Purpose of the Lydia TOS for Private Customers *
- Managing the Private Customer's account (the "Customer Account") associated with their payment accounts (the "Payment Account(s)");
- The execution of payment orders;
- All the services and products offered by Lydia (the "Service");
Certain related services may be subject to additional agreements that the Private Customer will be asked to read and accept later if they want access to them.
By accepting these terms, the Private Customer undertakes to use the Lydia Service in accordance with its purposes and under the conditions described in these Terms of Service for Private Customers.
3. Cessation of Lydia Terms of Service for Private Customers
At the initiative of the Private Customer
The Private Customer may make use of their right of retraction within 14 (fourteen) calendar days of starting their membership of one of the paid services governed by these TOS, in accordance with article L.227-7 of the French Consumer Code, by sending a letter to the address indicated in Article 17 hereof.
The commencement of execution does not deprive the Private Customer of the right of retraction. The Private Customer will be required to pay the price corresponding to the use of the product for the period between the date of commencement of execution of these TOS and the date of retraction, to the exclusion of any other sum.
The Private Customer must retract using the form attached to the last page of these TOS.
The Private Customer is a Lydia member for an indefinite period.
The Private Customer can terminate their Lydia membership at any time, and to this end request the closure of their Lydia Private Customer Account by paying, if applicable, all sums due. The Customer may also have the balance on their Payment Accounts transferred to a bank account opened in their name with a credit institution, as defined by article L.511-1 of the Monetary and Finance Code (Bank Account), prior to closing the Customer Account.
To implement this, the Private Customer shall contact Lydia Support by email at the address firstname.lastname@example.org. An email will be sent to them confirming the termination within 5 working days of receiving the termination request.
Death of the Private Customer
The death of the Private Customer ends their membership of the Lydia Service from the moment it is brought to the attention of Lydia. Transactions carried out from the deceased's Lydia Payment Accounts after the time of death are considered to be unauthorised, except with the agreement of the beneficiaries or the notary in charge of the succession. The Lydia Customer Account is kept open for the time necessary to settle the succession and Lydia ensures the settlement of the balance with the agreement of the beneficiaries or the notary in charge of the succession.
If in the three years following the death of the Private Customer the beneficiaries have not made themselves known or have not asserted their rights, the balance of the Payment Accounts of the deceased Private Customer is paid to the Caisse des Dépôts et Consignations (Deposits and Consignments Fund).
At the initiative of Lydia
Lydia may terminate the Private Customer's access to the Service without charge by simple email notification after the expiration of a thirty calendar day notice period.
However, Lydia is exempt from respecting the notice period and may close the Lydia Private Customer Account in immediately the event of seriously reprehensible behaviour by the Private Customer (in particular if the Private Customer refuses to provide information or provides false or inaccurate documents, or if they threaten or insult a Lydia employee), or they fail to comply with one of the obligations of these TOS for Private Customers. In this case, the Private Customer may be required to pay adjustment/file processing fees (see Prices Appendix).
Effect of termination *
At the end of the termination and after settlement of the operations in progress, Lydia will close the Private Customer Account and transfer the balance of the amount in the Lydia Payment Accounts, minus any costs relating to the Lydia Service, to the Private Customer's Bank Account using the details previously provided to Lydia Support or stored in the application.
If the Private Customer does not reclaim its funds, their Lydia Payment Account will be considered as inactive and subject to inactivity fees on the terms set here bellow (cf. Inactivity fees).
The closure results in the deactivation of the Lydia Service.
The closing of a Lydia Customer Account is irrevocable and prevents the Private Customer from opening another Lydia Customer Account (at least for a period of one year or definitively in the event of violation of these TOS or legally reprehensible act).
How Lydia works
4. The rules of use
The Lydia Service for Private Customers is reserved exclusively for personal use. Anyone wishing to use Lydia for professional purposes, as part of a regular purchase and resale activity for profit, craft activities or even associative activities, must subscribe to the Lydia PRO Service.
The Private Customer declares that at the time of registration:
- They are over 18 years of age, or over 14 years of age and using the Lydia Service in agreement and under the supervision of their legal representative;
- They are not under any legal or judicial prohibition, nor of any incapacity;
- All the information provided during registration is honest, accurate and up to date, and that they will inform Lydia of any change to this information;
- They act on their own account and in their own interest;
- They reside in France or in the European Economic Area;
- They do not already hold a Lydia Service Customer Account;
- They are not a "US Person", i.e. they are not an American taxpayer within the meaning of the American tax administration. In particular, the Private Customer may not:
- Be an American citizen (be an American national or be born in the United States), even if residing in France or in the EEA;
- Have a United States permanent residence permit or spend a significant number of days in the United States each year (more than 183 days in the last three years including at least 31 days in the current year, subject to compliance with certain conditions).
It is up to the Private Customer to provide written communication to Lydia of any change relating to their user circumstances for the Lydia Service (telephone number, address, email, modification of professional activity, etc.). The failure to notify Lydia of any change in circumstance cannot in any case create liability for Lydia for any harmful consequences to the Private Customer, such as the blocking of the Customer Account.
The Private Customer can modify some of the personal data given when subscribing to the Service by following the instructions and providing any documents requested. This can be done either via the Lydia Application or Lydia Support, at email@example.com, or via a non-Lydia partner application that integrates all or part of the Lydia Service ("Partner Application").
The transfer or assignment of a Lydia Customer Account to a third party is strictly prohibited.
In addition, the Service cannot be used by the Private Customer for the purchase of goods or services relating to activities that are illegal or contrary to public order or morality, including in particular activities:
- Whose nature is directly or indirectly threatening, insulting, defamatory, discriminatory, racist, xenophobic, homophobic or damages the honour or reputation of others;
- That degrade or damage human dignity;
- That incite the execution of an offence, a misdemeanour, a crime or an act of terrorism or that praise war crimes or crimes against humanity;
- That offer or propose online gambling and betting services not authorised by regulations (including, where applicable, the services of instant wins) or gambling services, prohibited by regulations, based on the requirement of a financial sacrifice by the player in the hope of a reward of any kind whatsoever;
- That allow third parties to obtain illicit substances or products directly or indirectly;
- Subject to a specific legal regime and exercised in violation of said regime (e.g. travel agents, medical professions, legal professions, etc...);
- Linked to the acquisition, use or disposal of cryptocurrency.
Lydia is also entitled to refuse certain activities in a discretionary manner in view of the controversial nature or significant number of frauds to which they are subject. The following in particular are refused, without this list being exhaustive:
- Paid dating services;
- Erotic products or services;
- The sale of cannabidiol (CBD) or products containing it;
- Spiritualism or alternative medicines: (hypnotist, medium, fortune-teller, energetician, magnetiser, shaman, etc.);
- The sale of electronic cigarettes and tobacco and related or similar products;
- Loans between individuals, including tontines;
- Political associations ;
- Cultual associations which are not legally incorporated and/or having controversial activities.
If the Private Customer wishes to obtain more information, they can contact the support service at the email address firstname.lastname@example.org.
If the Lydia Service is used to purchase products or services resulting from such activities, the Private Customer Account will be closed (see Cessation of Lydia Terms of Service for Private Customers). In addition, the Private Customer will be liable to a penalty (see Prices Appendix) for non-compliance with these TOS, taken directly from their Lydia Payment Accounts before the closure of the Customer Account.
Also, Lydia Payment Accounts are not intended to serve as a channel for cash flow between different accounts or payment means. "Round trip" transactions, particularly between a deferred debit account and an immediate debit account, constitute improper use of Lydia. In the event of repeated use of this type of operation, Lydia reserves the right to close the Lydia Private Customer Account and/or levy a penalty (see Prices Appendix) for non-compliance with these TOS, taken directly from their Lydia Payment Accounts before closing the Customer Account.
5. How to install Lydia
The countries in which the Lydia Application is available are listed in the Lydia user manual (Lydia Manual).
To be able to access the Lydia Service, the Private Customer must have a smartphone or a tablet and access to the Internet.
The Lydia Service can be accessed by various means, and in particular by downloading the app to smartphone or tablet, and in rare cases via dedicated websites (see Other services and features offered by the Lydia app).
Lydia undertakes to keep the Private Customer informed of any modification of these TOS and its associated documents in the event that the rights or obligations of the Private Customer would be affected by such modification. Lydia will inform the Private Customer by email of such modifications at least two months before the date of entry into force.
Until the entry into force of the new Individual TOS, the Private Customer may oppose them in writing addressed to the Complaint Service, using the details indicated in Article 17 hereof.
Beyond this period, the new Individual TOS are deemed to have been accepted.
In the event the Private Customer rejects the proposed modification, they must terminate their membership of the Lydia Service in writing, free of charge. This request does not affect any operations performed previous to the termination which will be completed before the closing of the Private Customer Account.
6. The cost for Lydia *
By default, the Private Customer subscribes to a free account, subject to the limits indicated in the Pricing and Limits Appendices. Private Customers who wish to use Lydia beyond these limits may obtain Verified User status and/or subscribe to the paid Lydia service.
Inactive fees will be withdrawn from the Private Customer Account if the Private Customer does not perform any operation, from or to its Private Customer Account, in any form, excluding direct debit, for twelve consecutive months.
The Private Customer will be informed by email in advance and will be invited to either keep their account open or close it. If the Private Customer does not answer the email and/or does not perform any operation from or to their Payment Accounts within the delay prescribes :
If the Private Customer Account balance is null, the account will be close 2 months after the receival of the first email ;
If the Private Customer Account balance is creditor, Lydia will collect fees. If the Private Customer remains inactive for ten consecutives years, their Account will be closed and the balance remaining will be transferred to the Caisse des dépôts. The Private Customer will be informed of such a transfer six months in advance. The Private Customer can contact the Caisse des dépôt within 10 years after the transfer to reclaim their funds.
Inactivity fees amount is detailed in the Pricing and Limits Appendices and cannot be superior to the Private Customer Account balance.
If the collect of the inactivity fees makes the Private Customer Account balance is null, the account will be closed two months later.
Private Customer Accounts are denominated in euros per default. If Private Customers want to denominate their account in another currency, additional fees are applicable. The amount of maintenance fees is detailed in the Pricing Appendix.
7. How to obtain Verified User status *
Private Customers who reach certain limits, detailed in the Limits Appendix, must obtain the "Verified User" status before being able to continue using their Lydia Customer Account.
The "Verified User" status also allows Private Customers to access specific services (for example, issuing Internetcards).
The Private Customer may therefore request this status at any time from the Application.
To obtain the "Verified User" status, the Private Customer is requested to provide the following identity documents from the Private Customer's Lydia Application or via the Cagnotte website:
- A colour copy of a valid official identity document issued by a member state of the European Union (front and back of a national identity card, front and back of a residence permit, detail page of a passport or front of a driving licence in new European format);
Note: From 1 January 2014, the validity period of the national identity card has been increased from 10 to 15 years for adults (over 18). This extension of the validity period does not apply to persons who were minors at the time their national identity card was issued (article 10 of Decree No. 2013-1188 of 18 December 2013 relating to the duration of validity and conditions of issue and renewal of the national identity card).
- Two additional check measures to be chosen from the following three:
- Creation of a "selfie video" during which the Private Customer is required to orally clarify certain information. The "selfie video" must be recorded in an appropriate setting and attire,
- Addition of a bank card in the full name of the Private Customer attached to an account opened with a financial institution established in the European Union or the European Economic Area, OR aggregation of a Bank Account opened with a financial institution operating in the European Union or the European Economic Area,
- Provision of a second proof of identity (colour copy of a current official identity document issued by a Member State of the European Union and not yet provided, a healthcare card, international student card (with hologram) or the old version of the French driving licence (pink paper)) AND a "selfie" type photo;
- If the Private Customer is between 14 and 17 years of age or is placed under guardianship, curatorship or judicial protection, a dated and signed certificate from the legal representative, drawn up on plain paper, specifying that the Private Customer acts under their supervision and with their agreement, accompanied by a colour copy of a valid official identity document of the legal representative.
The Private Customer will also be requested to enter their residential address.
In the context of exceptional events, the Private Customer can also obtain the "Verified User" status by a face-to-face verification of their identity with an authorised Lydia Agent. In this case, the Private Customer presents their current identity document to the authorised Lydia Agent, who will check its validity. The Lydia Agent will take a copy and confirm the face-to-face meeting by sending an email.
8. How Lydia works
Step 1: Opening a Payment Account
To benefit from the Service, the Private Customer accepts the opening of at least one Payment Account when subscribing. Lydia sends the Private Customer a message acknowledging receipt of their request and informing them of the opening of a Payment Account, under the conditions described in Article 17 hereof.
A Payment Account is denominated in Euros (€) and records the payment, collection and transfer operations carried out by or for the benefit of the Private Customer. All Payment Accounts related to a Customer Account are denominated in the same currency.
A Private Customer can only issue or receive payments in the currency in which their Payment Accounts are denominated. Thus, if the Private Customer's Bank Account is in a different currency to their Lydia Payment Accounts, its banking institution might charge conversion fees.
A Payment Account can never be used as a Bank account.
The balance of a Payment Account cannot be in debit.
Step 2: Adding a payment method to the Customer Account
Private Customers can register a bank card, of which they are the holder, in the Application in order to use it as a means of payment for payment transactions or to recharge one of their Payment accounts.
Lydia has set up a priority selection mechanism for bank cards issued by the CB group of bank cards. Private Customers can override the automatic priority selection by choosing another brand from those displayed as "accepted" by Lydia (see Lydia Manual> Accepted bank cards).
The deposit account agreement governing the bank card must authorise the transfer of funds by card. The Private Customer then receives confirmation of the addition of a payment means under the conditions provided for in Article 17 "Method of communication between Lydia and the Private Customer" > "Communicating with the Private Customer".
The Private Customer accepts that the data relating to their card is kept by Lydia's technical service providers in charge of debiting and managing user payment cards (service providers responsible for implementing the secure software and protocols required for registration, transmission and secure processing of card fund transfer orders), for the sole purpose of executing their payment transactions or recharging of their Payment Accounts.
Step 3: Payment transaction
The Private Customer can initiate a payment:
- Either as part of a face-to-face payment with the Beneficiary, via a QR code or via Bluetooth (if device is compatible);
- Or as part of a remote payment:
- With the Lydia Application, by selecting the payment beneficiary from the contacts in their directory (which implies that the Private Customer has agreed to link the contact directory to the Lydia application) or by entering their telephone number, email address or IBAN number;
- With the Lydia Application, by accepting a request for payment issued by another Private or Professional Customer using the Lydia PRO Service;
- With a bank card, outside the Lydia Application, by performing a payment transaction through a CB Form offered by a Private or Professional Customer using the Lydia PRO Service.
The payment means (Lydia balance, bank card or Bank Account) of the paying Private Customer is debited immediately and the Beneficiary's Payment Account, if the latter has a Lydia Customer Account, is credited upon receipt of confirmation from the Lydia technical service provider in charge of debiting the payment method. The transaction cannot be cancelled either by the payer or by Lydia. Only the beneficiary can, by whatever means, return the funds to the payer (see 15. The responsibility of the Private Customer > Final payment order).
Unless the Private Customer directly enters the IBAN of the Beneficiary, if the beneficiary does not hold a Lydia Customer Account, they then receive an SMS or an email inviting them to install the Lydia application or to perform a transfer to their Bank Account by entering their IBAN within seven days. After this period, the transaction is cancelled and the payment means used is re-credited.
When consenting to the execution of a payment, the Private Customer selects the payment means they wish to use to debit the funds. The operation can only be carried out if the selected payment means is linked to an account with sufficient funds.
An electronic transaction receipt is sent to the Private Customer, under the conditions set out in Article 17 "Method of communication between Lydia and the Private Customer" > "Communicating with the Private Customer".
The Banking Partner may refuse a payment order. The Customer will be informed of the reason for refusal the day following the refusal at the latest, unless a national or European provision prohibits it.
The Private Customer is solely responsible for the payment transactions they issue. Once a transaction has been carried out and confirmed, the selected payment means is debited. Lydia cannot be held responsible in the event of an error made by the Private Customer.
Step 4: Receipt of funds (collection)
The funds are credited to the Beneficiary's Customer Account instantly if the latter is a professional or is already a Private Customer.
Otherwise, the Beneficiary is informed of the transaction by SMS or email and can receive funds within seven days:
- By downloading the Lydia Application;
- By making a transfer to the Bank Account of their choice. To do this, the Beneficiary provides their IBAN.
Otherwise, after seven days, the transaction is cancelled and the Customer Account issuing the payment is re-credited.
Step 5: Transferring funds to the Bank Account
Private Customers can, if they wish, transfer all or part of their Lydia balance to the Bank Account of their choice, within the limits set out by the conditions in the Pricing and Limits Appendices. To do this, the Private Customer is requested to provide the IBAN relating to the Bank Account to which they wish to make a transfer. This can be achieved by:
- Aggregating their bank to the Application. In this case, they must accept the Budget Insight General Conditions of Use (this functionality is only available in certain countries for Private Customers with a local telephone number, for more information please read the Manual);
- Directly entering their IBAN in the Application.
If the Private Customer Account is blocked, they should refer to the section "How Lydia ensures the security of its Service".
9. Other services and features offered by the Lydia app
Lydia offers the Customer the possibility to buy gift cards from a partner brand.
Before choosing the gift card, the Customer acknowledges and accepts the conditions of validity and use of the gift card specific to each brand. The choice of a gift card is final and may not give rise to an exchange or a refund in any form whatsoever from Lydia or its partners brands.
Lydia sends the Customer their gift card by email within the deadlines indicated.
The offers are independent of Lydia, the brand publishing the gift card is solely responsible for ensuring its validity under the conditions indicated on it and previously accepted by the Customer. For any question or complaint regarding the use of the gift card, the Customer must contact the brand directly using the contact details given on the gift card.
Lydia does not pass the Customer’s personal data to the brand or to any third party. Only information concerning the use of the gift card and the beneficiary's profile can be used and shared with a third party in order for them to receive the most relevant offers.
For more information, please refer to the Lydia Manual.
Private Customers can subscribe to the Lydia Premium offer. The Lydia Premium status offers access to more services, such as the issuing of several Internet cards, the use of contactless mobile payment with extended limits (see Pricings and Limits Appendices). Private Customers can consult the PremiumSale Conditions.
Private Customers over the age of 18 can obtain a payment card, virtual or plastic, with automatic authorisation. Private Customers should consult the General Conditions of Use of the Lydia card.
For Private Customers who have obtained the "Verified User" status (see The cost for Lydia) with an IBAN (Customer Account identification number). The Customer can make transfers to or from their Customer Account via this IBAN. Private Customers should consult the General Conditions of Use of the Lydia IBAN Service.
Customer discounts and rewards from a Professional
In partnership with Lydia, some Professionals offer discounts and rewards to Lydia Private Customers, who can obtain a pro-rated refund on their Lydia Customer Account after a purchase is made using the application.
Change of payment method
Private Customers can change the source of each payment after it was made from their Lydia Customer Account.
The original payment method used will be re-credited and the new payment method debited for the same amount.
For each payment or money withdrawal, the payment method can only be changed once.
Set up recurring payments
Private Customers can set up reminder rules for recurring payments, according to the frequency they choose:
- Either to carry out remote payment operations, meaning they will periodically receive a payment request (with the chosen frequency);
- Or to make remote payment requests, meaning the payer designated by the Private Customer will periodically receive a payment request (with the chosen frequency).
Private Customers can register their loyalty cards in the Application so that they are always available on their phone or tablet.
Private Customers can apply for an instant loan from the Banque du Groupe Casino using the Lydia Application. Private Customers should consult the General Conditions of Use of the instant loan.
What is the Money Pot service?
The Money Pot Service ("Money Pot") allows the organiser of a Money Pot ("Organiser") to solicit other people, the "Participants", in order to obtain joint funding for a defined purpose.
Operation of a Money Pot
Who can create a Money Pot?
The restrictions applicable to the Money Pot, in terms of people and activities, are the same as those applicable to the Service (see How Lydia works > Rules of usage).
The Organiser, in order to be able to create a Money Pot, must have compatible up-to-date equipment as well as a number with an identifier for a country in which Lydia operates (see Lydia Manual). To be able to participate in the Money Pot, the Participants must either be a Lydia Private Customer or have a bank card or payment card that is accepted by Lydia (see Pricings and Limits Appendices).
If there is any doubt about the purpose of the Money Pot, Lydia can block access to it and request additional information (see How Lydia ensures the security of the Service).
The Organiser remains responsible for the Money Pot and cannot transfer responsibility for it to others, including the final beneficiary of the Money Pot.
How much does the Money Pot service cost?
The creation of a Money Pot is free.
There are three ways to withdraw funds:
- Transfer to a bank account,
- Transfer to the Organiser Lydia Payment Account,
- Transfer to a third party Lydia payment account,
- Exchange of funds for gift cards.
For more information on the prices applicable to the Money Pot service, the Private Customer should consult the Pricing Appendix.
How the Money Pot service works
Creating a Money Pot
From the Application
Private Customers can create a Money Pot via the Application by following the procedure described in the Lydia Manual. They then choose the title of the Money Pot before finalising the creation.
From the cagnotte.me website
If they are not a user of the Application, or if they prefer, the user can also create a Money Pot from a web page. The Organiser should go to the site https://cagnotte.me/, choose the name of the Money Pot and then create it. The Organiser must then choose a secure username and password.
The Organiser then receives a link via SMS. This link allows them to consult the transactions made on the Money Pot (see "Monitoring transactions carried out on the Money Pot").
The Organiser can provide the url link of their Money Pot by SMS, e-mail or any other means of communication such as social networks.
If the Money Pot has been created from the Application, they can also invite Participants by assigning them rights to the Money Pot (see Other services and features offered by the Lydia app > Shared accounts).
Participating in the Money Pot
Participants invited to contribute to a Money Pot are free to contribute the amount they want, either by credit card payment or, if they are Lydia Customers, using the available balance on their Lydia payment account or by making a transfer via the Lydia application. The transfer must be in euros.
The Organiser is informed of a Contribution under the conditions provided by Article 17 ("Method of communication between Lydia and the Private Customer" > "Communicating with the Private Customer"). The contributions received are automatically accepted by the Organiser, beneficiary of the payment transaction.
A Contribution to the Money Pot cannot be cancelled. Only the Organiser can refund the payer.
Ending the Money Pot
The Organiser can freely define the period during which the Participants can contribute to the Money Pot. They can end it early at any time, especially when the target amount has been reached before expiration of the Money Pot.
Clearing the Money Pot
Once the Money Pot has been closed, the Organiser can:
- Withdraw funds
The Organiser can :
- transfer the funds to a bank account;
- transfer the funds to their Lydia account;
- transfer the funds to the Lydia account of a third party, if the Money Pot has been created from the Application;
- convert the funds into a gift card (under the condition above).
If necessary, the Private Customer can then make payment transactions with the funds transferred to their Lydia Account (see How Lydia works > Step 3: Payment transaction).
If the amount of the funds exceeds the limits indicated in the Pricing and Limits Appendices, the Organiser must obtain a Verified Account in order to be able to withdraw the funds. The procedure to be followed is specified in the Lydia TOS.
How is a Money Pot ended?
At the initiative of the Organiser
The Organiser may exercise their right of retraction within 14 calendar days of their acceptance of these conditions.
This right of retraction can no longer be exercised once a contribution has been made to the Money Pot.
Participants do not have a right of retraction.
Provided no contribution has been made to the Money Pot, the Organiser may terminate it without charge.
Monitoring operations carried out on the Money Pot
Operations related to a Money Pot are accessible in real time from the website http://cagnotte.me or directly from the Application if the Private Customer creates the Money Pot via the Application.
At the end of the Money Pot, the Organiser may ask Lydia Support to obtain a PDF format document summarising all contributions to the Money Pot.
10. Monitoring operations carried out via the Lydia Customer Account
Private Customers can monitor transactions relating to their Lydia Customer Account (debits and credits) directly from the application. On request they can obtain a free transaction report in electronic format from Lydia Support at the email address email@example.com.
Private Customers are encouraged to check the information contained therein in order to assert their rights as soon as possible if necessary (see What to do in the event of unauthorised or incorrectly executed transactions).
10. What to do in case of loss or theft of the device linked to the Lydia Customer Account
As soon as they become aware of the loss, theft or any fraudulent use of the telephone or tablet on which the Lydia Application is installed, the Private Customer should either:
- If possible, connect to their Lydia Customer Account from another phone/tablet and block their Customer Account manually, from the Security section (4th tab > Security > Block my account). The Lydia Account Customer will be temporarily blocked;
- Request the blocking of their Customer Account via Lydia Support, without delay, by sending an email to firstname.lastname@example.org or by phone on 01 82 88 11 69 (Monday to Friday from 9am to 7pm).
Lydia cannot be held responsible for the consequences of a blocking request which does not come from the Private Customer.
The unblocking of the Lydia Customer Account will take place after analysis by our services and in consultation with the Private Customer.
11. What to do in the event of unauthorised or incorrectly executed transactions *
The Private Customer must, without delay, notify Lydia of any unauthorised or incorrectly executed operations that they dispute by filling in the appropriate form, and at the latest within 13 (thirteen) months following the date of debit from their Customer Account.
The dispute of said operations must be made by email or by registered letter with acknowledgment of receipt to the addresses indicated in Article 17 hereof.
Once the legitimacy of the dispute has been established, Lydia will reimburse the Private Customer, at the latest, on the working day following receipt of the dispute, except in the event of suspected fraud.
12. How Lydia ensures the security of its Service *
Protection of Private Customer funds
The funds of the Private Customer are deposited in an account opened with a credit institution in the name and on behalf of the SFPMEI. Thus confined, the funds benefit from the guarantee provided for in article L312-4-1 of the Monetary and Financial Code, up to the amount of 100,000 Euros per customer (as provided for in article 5 of the decree of 27 October 2015).
Identification through strong authentication
Accessing a Customer Account
When subscribing to the Service, Private Customers must register their identifiers on the Lydia Application. Private Customers must register two identifiers, their email and their mobile phone number, associated with a password. The Private Customer must take all the measures necessary to ensure the security of their tablet or mobile phone and their personalised security device. They must keep their personalised security devices absolutely secret and not communicate them to anyone.
To ensure that passwords are secure, they must respect a certain format. The identifiers allow the Private Customer to login when the Application is opened for the first time, when the Application is disconnected and each time a connection is made with a new mobile device.
The combination of one of the two identifiers and the password constitutes the personalised security device made available to the Private Customer by Lydia, which is specific to the Private Customer and placed under their protection.
In certain cases, the use of the personalised security device is coupled with a single-use password, with the aim of performing strong authentication of the Private Customer.
Performing an operation
When using the Application, the Private Customer must register a four-digit personal security code. This code must be entered during recharging, payment and reimbursement operations carried out at the request of the Private Customer, as well as when consulting sensitive payment information.
By entering and validating their personalised security device and confirming the transaction, the Private Customer gives their definitive consent to the payment order. From this moment, the Private Customer can no longer revoke their order. It is also at this moment that Lydia receives the execution order, except in the case of a face to face transfer, where the reception of the order occurs during the code scan by the beneficiary of the transfer (see Lydia user manual).
For more information on personalised security devices, the Private Customer should consult the Lydia Manual.
Each time they register or enter their personal identifiers, the Private Customer must ensure that their environment is secure.
Communications with the Service are made only through secure channels. Lydia does not, for example, ever request the provision of confidential data via a website. If the Private Customer has a doubt about the legitimacy of a request relating to the provision of confidential data, it is recommended they do not provide this data and should contact Lydia support via the email address email@example.com.
The fight against money laundering and the financing of terrorism
In application of the provisions of articles L.561-2 and subsequent of the Monetary and Financial Code relating to the participation of financial organisations in the fight against money laundering and the financing of terrorist activities, the Partners in their capacity as electronic money or payment service establishments and Lydia as PSP Agent, are bound by certain obligations.
They can carry out all the procedures necessary for the identification of the Private Customer and the beneficiary. They can also obtain information from the Private Customer about the purpose and origin of the funds received and their destination.
The Private Customer undertakes to perform all due diligence to allow Lydia and the Partners to carry out a detailed examination of the operations, to inform them of any exceptional operation in relation to the operations usually recorded in their Customer Account and to provide them with all document or information required.
The Private Customer acknowledges that Lydia and its Partners may be required to set up surveillance systems with the aim of combating money laundering and the financing of terrorist activities.
The Private Customer also recognises that Lydia and its Partners may issue reports to the competent authorities, voluntarily or on request.
The Private Customer acknowledges that Lydia or its Partners may at any time terminate or postpone the opening of the Lydia Customer Account, or the execution of an operation in the absence of sufficient information on its object or nature.
In this respect, no prosecution based on article 226-13 of the penal code and no civil liability action can be brought against Lydia or its Partners, their managers or their employees who have in good faith made the declarations mentioned in articles L.561-15 and subsequent of the Monetary and Financial Code.
When a Lydia Customer Account may be blocked
As soon as an operation leads to the passing of one of the limits mentioned in the Limits Appendix in relation to the Verified User status and where, if applicable, the Private Customer does not provide the information or documents necessary for the verification of their identity, Lydia will be unable to execute the transaction and the Lydia Customer Account of the Private Customer will be temporarily blocked.
The requested operation can be carried out as soon as the Private Customer has provided the required documents and evidence and Lydia has verified said documents provided by the Private Customer. The latter will then receive an email confirmation of the unblocking of their Customer Account.
A Private Customer can also be blocked if the amount of their transactions, singular or cumulative, exceeds certain ceilings within a given time (see Pricing and Limits Appendices). Exceeding these limits temporarily prevents operations from being carried out.
Lydia may also block access to the Service and to the Lydia Customer Account of the Private Customer:
- In the event of a suspected unauthorised or fraudulent transaction;
- In the event of a significantly increased or proven risk that the paying Customer is unable to fulfil their payment obligation;
- If it turns out that the Private Customer is in breach of these TOS, for example if they hold several Customer Accounts with the Lydia Private Service.
When Lydia refuses to execute a transaction, the Private Customer is immediately informed by email, as soon as possible and, in any event, within three working days of the refusal. Lydia also indicates to the Private Customer:
- The reasons for the refusal, unless prohibited by other community or national legislation;
- In the event of a material error, the appropriate correction;
- In case of insufficient funds, the need to recharge the Lydia Private Customer Account.
To request the unlocking of their Lydia Customer Account, the Private Customer can contact Lydia Support at the following email address: firstname.lastname@example.org.
Rights & duties of the Lydia Private Customer
13. The responsibility of the Private Customer *
Veracity of the personal information
On request, the Private Customer undertakes to provide Lydia and its Partners all the information necessary to verify their identity and their transactions. The Private Customer certifies the veracity of all the information they provide to Lydia or its Partners.
As a reminder, the use of false documents is punishable under articles 441-1 and subsequent of the Penal Code. Private Customers using false documents will be penalised by the closure of their Lydia Customer Account and will be subject of a declaration to the relevant authorities.
Strictly Personal Customer Account
A Lydia Customer Account is strictly personal. The Private Customer may not assign it, for a fee or free of charge, or lend it to a third party, including a relative, or dispose of it in any other way.
Duty of vigilance
When the Private Customer makes a payment transaction, whether face to face or remotely, they must ensure the identity of the recipient and verify the amount of the transaction.
Likewise, in the case of remote payment, on the Internet for example, the Private Customer must be vigilant in ensuring that the payment platform used by the seller is secure.
Lydia and its Partners are not responsible for any loss due to a technical breakdown of the payment system if such is reported to the Private Customer by a message on the device or in another visible manner.
The Private Customer undertakes not to use their Lydia Payment Accounts for the purchase of services or products prohibited by law. In addition, the Private Customer undertakes to make normal use of their Customer Account and Payment Accounts in order to exclusively perform the operations for which the Application is intended.
Credit Payment Account
Before each and every payment or withdrawal operation, the Private Customer must systematically ensure that the balance of the Payment Account selected to support the operation is sufficient and available to be able to perform the operation and must stay that way until the operation is completed.
The Private Customer undertakes to honour any payment order made with their Lydia Payment Accounts. The Private Customer assumes sole responsibility for the consequences which may arise from an insufficient or unavailable bank balance.
The existence of a dispute between the Private Customer and a third party, notably due to the non-conformity of an item or service sold, may not justify the refusal to honour a payment order.
All actual costs and expenses incurred for enforced recovery by writ of execution for operations are the responsibility of the Private Customer.
Rectification of a negative balance
Theoretically, the Private Customer Account balance cannot become negative (less than 0). However, the Private Customer Account balance may become negative following certain events (cf. Lydia Manual). If such a situation occurs, the Private Customer should recharge his account.
The Private Customer will immediately be informed of the situation and should recharge his account without delay.
If the Private Customer does not recharge his Account within a reasonable delay, the Private Customer accepts that Lydia will debit the credit card or payment card connected to the Private Customer Account up to the amount required to make the Private Customer balance null.
Under the condition provided in the “Communicating with the Private Customer” article, the Private Customer will be informed of :
- The amount debited ;
- The credit or payment card concerned ;
- The date of the debit.
The Private Customer should make sure that the balance of the account connected to the credit or payment card concerned has sufficient funds.
The Private Customer should contact Lydia support at email@example.com, before the scheduled date of debit if they wish to use another mean of payment.
Final payment order
Private Customers cannot revoke their consent once their payment orders have been received by the beneficiary's service provider.
Consent to carry out a payment transaction is given by Private Customers, before or after determining the amount, by:
- Entering their confidential code on their phone or tablet;
- Remote communication and/or confirmation of the data;
- Communication or use of any personalised security data during a payment transaction;
- Presenting and holding the smartphone or tablet in front of a device identifying the presence of "contactless" technology;
- The use of a biometric recognition device (e.g. fingerprint sensor on the mobile phone).
When the Private Customer provides their banking data as part of a series of payment transactions, they give their consent once for all transactions. The Private Customer may however withdraw their consent no later than the working day preceding the execution of a transaction.
In all cases, any Private Customer facing bankruptcy cannot revoke their consent to a payment order.
14. The responsibility of Lydia to Private Customers *
Correct execution of payment orders
Lydia, in its role as a PSP Agent, is responsible vis-à-vis the Private Customer for the proper execution of payment transactions ordered or received via the Service, namely:
- Payment orders from the Payer's Bank Account to that of the beneficiary;
- Payment orders between two Lydia accounts;
- Transactions to or from a Lydia Payment Account.
In the event that Lydia incorrectly executes a transaction, Lydia shall immediately return the amount of the transaction concerned to the Private Customer or shall correct the error and, if applicable, restore the Private Customer Payment Account to the situation in which it would have been had the transaction not taken place.
In the event that the Private Customer incorrectly executes a transaction, Lydia shall endeavour to retrace the transaction and shall report on the result of its search, at the request of the Private Customer and without any liability for Lydia provided it has respected its obligation of means.
Apart from the exceptions described below, Lydia does not cover unauthorised operations carried out before the blocking request, excluding the deductible of 50 Euros payable by the Private Customer, and with the exception of the cases provided for by Article L.133-19 of the Monetary and Financial Code.
Lydia does not assume any financial loss in the event of gross negligence of the obligations referred to herein or fraudulent acts on the part of the Private Customer.
Lydia cannot be held responsible in the event of force majeure (an external, unpredictable and unavoidable event as defined by article 1218 of the Civil Code).
Transactions and personal data are covered by professional secrecy to which Lydia and its Partners are bound. However, to meet legal and regulatory obligations, Lydia and its Partners are sometimes required to communicate information to the legally empowered judicial or administrative authorities.
Lydia cannot be held liable for the direct and indirect consequences linked to measures imposed on it by legal or regulatory provisions, in particular the freezing of assets, which it may have to implement in the context of obligations enforced upon it by the public authorities, in particular in the fight against money laundering and the financing of terrorism. As such, Lydia cannot be held responsible for any delays in execution that may be caused.
Continuity of service and malfunctions
Lydia will make its best efforts to ensure the continuity of the Service. However, Lydia cannot be held liable with respect to the Private Customer in the event of a malfunction, error or interruption of the Service as long as it has taken all the necessary measures at its disposal to remedy these malfunctions.
Private Customers acknowledge that their access to the Service may be occasionally restricted to allow the correction of errors, maintenance or the introduction of new features or new services.
Private Customers must ensure that their equipment is compatible with the Lydia Application and that they have installed the updates necessary for the proper functioning of the Service.
Lydia cannot be held responsible for malfunctions in networks over which it has no control.
15. Lydia's use of Private Customer personal information *
Lydia attaches great importance to the protection and respect of privacy of its Private Customers. For this reason, a Personal Data Protection Policy has been put in place to show:
- The way in which Lydia, as data controller, collects, uses and shares the personal data given directly by its Private Customers and/or collected indirectly by Lydia during the use of the Service by Private Customers;
- The rights of Private Customers over their personal data and how to exercise them.
By accepting these TOS, the Private Customer acknowledges having read and accepts Lydia's personal data protection policy.
In accordance with the legislation relating to the fight against money laundering and the financing of terrorism, Lydia is required by the French legislator to keep the below items in transitional archiving (restricted access, transitional stage before deletion) for five years from the closing of the Customer Accounts of its Private Customers, or if no transaction is carried out for twenty-four consecutive months on a Lydia Customer Account:
- Documents relating to the identity of regular or occasional Private Customers;
- Documents and information relating to transactions made by Private Customers.
For more information, the Private Customer can refer to the Lydia Personal Data Protection Policy and to that of its Partners:
16. Method of communication between Lydia and the Private Customer *
Communicating with the Private Customer
When Lydia wishes to pass information to the Private Customer, it can use various communication means such as smartphone notifications, notifications in the app, emails or SMS. Private Customers can at any time, via the 4th tab in the app, "Preferences", activate or deactivate certain means of communication or the communication of certain information.
Contacting the Service to obtain information
The Lydia Support service is accessible :
- By letter addressed to the Support Service at 14 avenue de l’Opéra 75001 Paris France,
- By email to firstname.lastname@example.org.
Contacting the Service for claims
Any complaint relating to these Terms of Service for Private Customers is to be made by the Private Customer to the Lydia Claims Department at the following address:
- Post: Service Réclamation, 14 avenue de l’Opéra, 75001 Paris France;
- Email: email@example.com.
To help with the rapid processing of claims and with a view to perserve the environment, Lydia prefers to respond to claims by email or telephone rather than on paper.
The Private Customer agrees to receive registered letters with electronic acknowledgment of receipt, as defined in article 100 of the Code des postes et des communications électroniques (Post and Electronic Communications Code). This sending will be preceded by an email from the service provider responsible for sending the letter, allowing the Private Customer fifteen (15) days to refuse this means of communication.
In the event of a complaint and if no agreement is reached with the Claims Department, or in the absence of a response within fifteen working days, thirty five days if the response is beyond Lydia's control, the Private Customer may take the matter to the competent court (see 17. Recourse in the event of litigation > Competent jurisdictions).
17. Intellectual property *
Lydia grants the Private Customer a personal, non-exclusive, non-transferable, non-assignable and terminable right to use the Lydia mobile applications, APIs and website for the sole purposes of using the Service. The Private Customer acknowledges that the mere use of these mobile applications, APIs and Lydia website does not allow them to claim intellectual property rights of any kind over them.
Lydia retains exclusive ownership of the rights attached to the Lydia mobile applications, APIs and website, as well as all of their content, including the names, brands, domain names, logos or other distinctive signs that it owns. Reproduction of these elements is only permitted for information or reproduction purposes for strictly private use.
18. Recourse in the event of litigation *
Litigation between a User and a third party to Lydia
Lydia is not party to any dispute, even regarding the Service, between a Customer or Money Pot User and a third party, Professional, Participant, Money Pot Organiser or even distributor of gift card.
Burden of proof
Proof of the operations carried out on the Payment Accounts by the Private Customer is the responsibility of Lydia and results from the accounting entries of the latter, unless proven otherwise by any means provided by the Private Customer who is responsible for keeping documentary evidence of transactions (statements of account).
The law applicable to these Terms of Service is French law. Only the English language version hereof is valid. Lydia and the Private Customer agree to use English in their relationships.
Amicable settlement of disputes
For any dispute not resolved by making a complaint and relating to the management of a Customer Account, to the execution, non-execution, interpretation, validity and termination of the application hereof, and before any legal action, Private Customers are invited to make their complaint directly to the Mediator of the SFPMEI, by post, to the following address: M. le Médiateur de l'Association des Sociétés Financières 75 854 Paris Cedex 17.
For any other dispute, as a consumer the Private Customer may also refer to the Association Nationale des Médiateurs - ANM (National Association of Mediators) in writing to 62 rue Tiquetonne 75002 Paris or by email by filling out a form on the site http://www.anm-conso.com.
In the absence of an amicable settlement, the competent courts are the French courts.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this agreement, affects your rights as a consumer to rely on such mandatory provisions of local law.
In accordance with article L.121-20-12 of the Consumer Code, I have a retraction period of 14 (fourteen) calendar days from subscription without cost or motive. This retraction is only valid if legibly addressed and completely filled out, before the expiry of the time period mentioned above, by post to the following address: 14 avenue de l’Opéra, 75001 Paris, France or to the email address firstname.lastname@example.org.
I, the undersigned (SURNAME / First names), ________________ wish to retract my subscription to the Lydia Service, in accordance with the contract entered into on (subscription date dd/mm/yyyy) __________________ with Lydia and its Partners.