Terms and Conditions

Last date of publication: 01/2/2022.

1. Subject

The Flywallet company publishes and operates the Flywallet software and web solution (hereinafter the "Application"), which allows its users (hereinafter: the “Users”) to set and achieve their personal travel goals through saving, tracking and booking flights. The functional and technical characteristics of the Application are described on the site  https://flywallet.io (hereinafter: the "Site"). The purpose of these general conditions is to define the terms and conditions of use of the services offered on the Application (hereinafter: the "Services") as well as to define the rights and obligations of the parties within this context. They are accessible and printable at any time by a direct link at the bottom of the page of the Application. They can be supplemented if necessary by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradictions prevail over the latter.

2. Company Contact

The Flywallet company can be contacted at the following email address:
Email address: info@flywallet.io

3.  Access to the Application and Services

3.1 Legal capacity

The Application and the Services are accessible to any natural person having the full legal capacity to commit under these general conditions. The natural person who does not have full legal capacity cannot access the Application and the Services unless approved by their legal representative.

3.2 Application and Services for individuals

The Application and the Services are intended for individuals.

4. Acceptance of the general conditions

The acceptance of these general conditions is materialised by a checkbox in the Registration Form. This acceptance can only be full in order to use the application and its services. Any membership without acceptance is considered null and void. The User who does not agree to be linked by these general conditions must not access the Application or use the Services.
Regarding Users not registered with the Application, their use of it and / or Services implies acceptance of these general conditions, without restriction or reservation.

5. Registration on the Application

The use of the Services requires either that the User registers on the Application by filling in the form provided for this purpose, that is, using email credentials or login credentials to a third-party site, including Facebook and Google Connect.
In this case, the user must provide Flywallet with the additional information requested. The user expressly authorizes Flywallet to access its account data on the third party site concerned.
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The User must provide all the information marked as mandatory, choose a username (email address) and password, and check the box "I have read and accept the Terms of Service ". Any incomplete registration will not be validated.
Once the form has been validated, a registration confirmation email will be sent to the User to access to the Application.
Registration leads to the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which allows him to manage its use of the Services in a form and according to the technical means that Flywallet deems the most appropriate for rendering said Services.
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The User guarantees that all the information mentioned in the registration form is accurate, current and sincere and are not tainted by any misleading character.
He undertakes to update this information in his Personal Space in the event of any modifications, so that they always meet the above criteria.
The User is informed and accepts that the information entered for the purposes of creation or updating of his Account is worth proof of his identity. Information entered by the User is committed upon validation.
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The User can access his Personal Space at any time after identifying himself using it’s connection identifier as well as it’s password.
The User agrees to use the Services personally and not to allow any third party to use them in its place or on its behalf, unless it bears full responsibility.
He is also responsible for maintaining the confidentiality and security of his username and password, all access to the Application using them being deemed performed by the User. The latter must immediately contact Flywallet using the contact details. mentioned in the article "Company information" if he notices that his Account was used without his knowledge. It recognizes Flywallet's right to take all measures appropriate in such cases.

6. Description of Services

The User has access to the Services described on the Site, in a form and according to the functionalities and technical means that Flywallet deems most appropriate, and in particular:

6.1 Savings for booking an airline ticket

The User provides information on the Application:

• The chosen destination,
• The period in which he would like to leave,
• The amount of the sum he wishes to provision monthly in view of his journey,
• And the frequency of its payments.

Once registered, and depending on the itinerary purchased by the User, a travel assistant can contact through the Application (hereinafter: the "Travel Concierge"), in order to establish his traveler profile, assist him in choosing his destination and offer him accommodation and activity recommendation according to his profile.
The User has the possibility of saving through the Application for the reservation of the desired flight.
The User is thus automatically and monthly withdrawn from the amount he will have previously informed in his Personal Space, in order to finance the flight he wishes to book, on their bank card and through the payment provider selected by Flywallet.
The User can recover the sums he has provisioned at any time through the Application as long as they are available and not used for the purchase of a flight ticket

6.2 Search engine and flight booking

Thanks to its partner search engine, Flywallet searches and offers updated itineraries to the User according to their search. 
The User receives an email notification when the amount they have provisioned is enough to book the desired flight, and the Application will book the ticket.
Flywallet can also send notifications and suggestions of other flights that the User could book with the sums provisioned.
If he wishes to confirm his reservation, the User must provide all of the required information relating to the passenger boarding this flight and can then proceed to the payment confirmation of the ticket for the selected flight, through the Application.

A confirmation email is sent to him, including his invoice and all of the booking information. Flywallet's partner search engine issues airline tickets in the name and for the User’s account.

In the the event of a flight cancellation:

• By the user, the terms and conditions of the airline take priority. Refund requests and flight change requests are only accepted within 24 hours of the booking. This applies if the airline also follows this practice. After the 24 hour period, all changes must be dealt with by the airline directly.
  
• By the airline, the terms and conditions of the airline take priority.

6.3 My plans

The User can find in the "My Plans" tab the flights he has selected and his preferences, mentioning the destination, the number of travelers concerned and the month during which he wishes to leave.

6.4 Dashboard

Each User has access to a personalized dashboard (hereinafter: "the Dashboard"), gathering various information which reflects the activity on the Application and especially :

• The User profile information;
• The history of the searches carried out and the flights observed;
• All of the transactions;
• And any other information and statistics that Flywallet deems relevant.

6.5 Book Now, Pay Later

"Book Now, Pay Later" allows certain users to pay for their flight purchases in up to four installments with their bank card or crypto wallet. In accordance with article L.312-4 of the Consumer Code of France, the offer of "payment in installments" is not subject to the provisions of articles L.312-1 et seq. Of the Consumer Code, in particular because the reimbursement period is not exceeding three months and the negligible costs which may be collected therein under this contract.

Our “Book Now, Pay Later” Service will allow you to buy your preferred flight with a payment of the non-refundable deposit equal to 50% of the desired flight cost. Flywallet will provide you with a deadline at the time of quotation which will be customisable by you to the extent that you can choose:

• When to pay your installments;
• How much time you would like between each installment with the final balance required at most 3 months after the initial deposit of 50% or 2 weeks prior to departure, whichever date comes first.

Payment of the non-refundable deposit signifies your consent to be bound by the terms of this agreement. By using our “Book Now, Pay Later” Service to purchase a flight, you provide us with unconditional and irrevocable consent and direction to pay the Airline Provider on your behalf in exchange for your agreement and obligation to repay or pay to us in accordance with this Agreement, the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by an Airline Provider) and by the date provided to you by Flywallet, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the provided deadline date.
Flywallet will, to the best of our ability endeavour to contact you should payments be missed, including via email or phone. We will not charge you a late fee, however, your financial institution may charge you a dishonour fee in the event of failed payments.
Flywallet does not issue credit, nor perform any credit checks to provide this Service.

‍6.6 Flywallet Pro

Flywallet Pro is a flight booking service that enables users to connect their cryptocurrency wallet to the Application. Once linked, the user can see their cryptocurrency wallet balance, and has the ability to spend it on flights through the Application following the same terms as 6.2 and save towards flights using their tokens following the same terms as 6.1.

6.7 Other Services

Flywallet reserves the right to offer any other Service it deems useful, under a form and according to the functionalities and technical means it deems most appropriate to provide said Services.

7. Financial conditions

7.1 Price

Flywallet will charge a commission on every booking:

• For each airplane ticket reservation made by the User through the Application;
• For each withdrawal by the User, Flywallet reserves the right to retain the commission retained by its payment provider for each transaction fee accumulated.

7.2 Billing

The Services are the subject of invoices which are communicated to the Customer by email at the time of their registration and with each reserved ticket, which can be consulted at any time in their Personal Space.

7.3 Payment terms

The payment of the reservation is made by direct debit from the User's credit/debit card number or cryptocurrency wallet.
The transaction is implemented by the payment service provider of Flywallet, which alone retains the User's payment details for this purpose. Flywallet does not keep any payment method/Bank details.
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The User guarantees to Flywallet that he has the necessary authorizations to use the chosen method of payment.

8. Right to retract

The User has a right of withdrawal for a period of 14 (fourteen) days from his registration on the Application.
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He can exercise this right by contacting Flywallet via the coordinates mentioned in article 2, before the expiration of the afore mentioned period, the form appearing in the Appendix hereto, duly completed, or any other declaration, unambiguous, expressing his will to retract.
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In the event of exercise of the right of withdrawal, Flywallet will reimburse the User for the cost of its registration without undue delay and, in any event, no later than 14 (fourteen) days from the day on which Flywallet has been informed of the User's decision to withdraw. Reimbursement will be made using the same means of payment as that used for the initial transaction, unless the User expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the User.
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If the Customer has requested that the Services start before the expiration of the withdrawal period, by checking the box to this effect at the bottom of the registration form, he may exercise his right of withdrawal within the time limit and according to the above mentioned terms . In this case, he will be liable to Flywallet for the price of his registration, calculated pro rata for the period elapsed until the communication of his decision to withdraw from Flywallet.

9. Evidence agreement

The User expressly acknowledges and accepts that the data collected on the Application and the IT equipment of Flywallet is proof of the reality of the operations carried out within the framework of the present.
The User can access this data in his Personal Space.

10. Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:

10.1

The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

10.2

The User acknowledges having read the Application of the characteristics and constraints, including technical, of all of the Services. He is solely responsible for his use of the Services.

10.3

The User undertakes to provide Flywallet with all the documents, elements, data and information necessary for the provision of the Services. More generally, the User agrees to actively cooperate with Flywallet and in particular with its dedicated staff with a view to the proper performance of the Services.

10.4

The User is solely responsible for the documents, elements, data, information and content he provides to Flywallet. He guarantees to Flywallet that he is authorized to provide him with these documents, elements, data, information and content and that he has all the rights and authorizations necessary for their exploitation within the framework of the Services.
The User is solely responsible for their accuracy, their sincerity and their completeness, Flywallet cannot in any case be held responsible for any errors, mistakes, omissions or indications likely to mislead the airlines or organizations concerned because a breach by the User of this clause.
In no case will Flywallet's responsibility be engaged if the trip booked was made impossible, due to a booking error attributable to the User.

10.5

The User undertakes to make strictly personal use of the Services. He therefore refrains from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever.

10.6

The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10.7

The User acknowledges that the Services offer him an additional, non-alternative solution for flight searches, and that this solution cannot replace other means that the User may otherwise have to achieve the same objectives.

11. User Guarantee

The User guarantees Flywallet against any complaints, claims, actions and / or claims of any kind that Flywallet may suffer as a result of the violation by the User of any of its obligations or guarantees under these general conditions.
He undertakes to indemnify Flywallet for any damage it would suffer and to pay all costs, charges and / or convictions that it may have to bear as a result.

12. Prohibited behaviors

12.1 

It is strictly prohibited to use the Services for the following purposes:

• the exercise of illegal, fraudulent activities or activities which infringe the rights or security of third parties,
• breach of public order or violation of applicable laws and regulations,
• intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate its integrity or security,
• sending unsolicited emails and / or prospecting or commercial solicitation, manipulations intended to improve the referencing of a third party site,
• the use of the Application to distribute information or redirecting links to a third-party site,
• assistance or incitement, in any form and in any way, to one or more of the acts and activities described above,
• and more generally any practice diverting the Services for purposes other than those for which they were designed.

12.2 

It is strictly forbidden for Users to copy and / or divert for their purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Application.

1‍2.3 

The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Flywallet systems, (iii) any diversion of system resources from the Application, (iv) all actions likely to impose a disproportionate burden on the latter's infrastructure, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and financial, commercial or moral interests of Flywallet or the users of its Application, and finally more generally (vii) any breach of these general conditions.‍

12.4 

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Application, as well as to the information which is hosted and / or shared there.

13. Penalties for breaches

In the event of a breach of any of the provisions of these general conditions or more generally, of a violation of the laws and regulations in force by a User, Flywallet reserves the right to take any appropriate measure and in particular to:

• Suspend, delete or prevent access to the Services of the User, author of the breach or offense, or having participated in it,
• delete any content posted on the Application,
• publish on the Application any information message that Flywallet deems useful,
• notify any relevant authority,
• initiate any legal action.
  

14. Liability and warranty of Flywallet

14.1

Flywallet undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which Users recognize and expressly accept.

14.2

Flywallet undertakes to update the airline data accessible on the Application daily.

14.3

Flywallet cannot be held responsible for decisions made by the User or by any third party designated by him, or for flight cancellations, delays, overbooking, and modifications due to airlines.

14.4

Flywallet cannot be held liable in any case if the User fails to provide enough to book the selected flight.

14.5

Flywallet undertakes to use its best efforts to ensure the security of the Application. It guarantees the exclusive access of Users to their Accounts and is prohibited from communicating the content to any third party.
However, Flywallet cannot be held liable in the event of malicious entry into the User Area, as long as it has not been shown that the security measures it has implemented were seriously flawed .
In addition, Flywallet cannot be held responsible for any lack of vigilance on the part of Users in maintaining the confidentiality of their username and password.

14.6

Flywallet's intervention includes the provision of the Services, their free access by the User as well as their accommodation. As such, the User acknowledges and accepts that the Services are provided to him personally, Flywallet in no way intervening in relations between the User and the airlines, or any other third party.
Except in the event of a proven breach by Flywallet in its obligations, the User undertakes to exclude Flywallet from all causes or disputes between said persons and to make it their personal matter to resolve them.

14.7

Flywallet does not guarantee to the User that the Application and the Services, subject to constant research to improve its performance and progress in particular, will be completely free from errors, vices or defects. In any event, Flywallet reserves the right to temporarily interrupt access to the Application for maintenance reasons.

14.8

Likewise, Flywallet cannot be held responsible for temporary difficulties or impossibilities of access to the Application which would arise from circumstances external to it due to a case of force majeure, or which would be due to disturbances of the telecommunications networks.

14.9

Flywallet undertakes to keep the personal data it receives in the context of the Services strictly confidential and to take all necessary measures to ensure the security and confidentiality of this data.
Flywallet refrains from reusing all or part of this data in any form whatsoever and diverting it from its purpose, namely the provision of the Services.
Flywallet therefore refrains from using this data for prospecting or commercial solicitation.

14.10

In any event, the liability likely to be incurred by Flywallet hereunder is expressly limited to only proven direct damage suffered by the User.

15. Intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by Flywallet within the Application are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Flywallet are strictly prohibited and may be subject to legal proceedings.

16. Authorization to broadcast User testimonials

For the duration of their use of the Services, Users authorize Flywallet to use thetestimonials that they publish on the Application or on social networks (hereinafter:"Testimonials") for the promotion of the Application in the following ways:

• They agree to have their Testimonials distributed free of charge by Flywallet on the Application, as well as on all other websites, published by all companies with which Flywallet has agreements.
• They agree that their Testimonials will be disseminated by Flywallet by any means and on any medium for the purpose of promoting the Application,
• They accept that their Testimonies be translated into all languages,
• They recognize and accept that the Testimonies may be the subject of modifications, in particular with regard to their framing, format and colors, as well as alterations of degradations in their quality, depending on the constraints Application techniques,
• They renounce asking Flywallet for any remuneration, royalty, indemnity or financial compensation in this respect.
  

17. Personal data

Flywallet practices a policy of protection of personal data whose characteristics are explained in the document entitled “Privacy Policy", which the User is expressly invited to take knowledge.

18. Advertising

Flywallet reserves the right to insert on any page of the Application and in any communication to Users of all advertising or promotional messages in a form and under conditions of which Flywallet will be the sole judge.

19. Third party links and sites

Flywallet can in no way be held responsible for the technical availability of websites or mobiles operated by third parties (including its possible partners) to which the User would access through the Application.
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Flywallet accepts no responsibility for content, advertising, products and / or services available on such sites and third-party mobile applications which are reminded that they are governed by their own terms of use.
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Flywallet is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User would be guided through through the Application, and would in no way be a party to some possible disputes whatsoever with these third parties.

20. Duration of Services, unsubscription

The Services are subscribed for an indefinite period.
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The User can unsubscribe from the Services at any time through his Personal Space.
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The unsubscription is effective immediately. It automatically deletes theUser account and cannot emit refund transactions.

21. Modifications

Flywallet reserves the right to modify these general conditions at any time.
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The User will be informed of these modifications by any useful means.
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The User who does not accept the modified general conditions must unsubscribe from the Services according to the terms provided in the article "Duration of Services, unsubscription".
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Any User who uses the Services after the entry into force of the modifications is deemed to have accepted these modifications.

22. Mediation

In the event of a complaint possibly made by a European consumer, who cannot find an amicable solution with Flywallet customer service, the said consumer may use the European platform for the settlement of consumer law disputes accessible at the following url address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

23. Applicable law and jurisdiction

These general conditions are governed by American and French law. In case of a dispute over the validity, interpretation and / or execution of these conditions and terms, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, except imperative rules of procedure to the contrary.