General terms and conditions of sale

Use of the website www.joxko.com and the "Joxko" application (the "Site") published by TELLUS implies unreserved acceptance of these general terms and conditions of use and sale (the "Terms and Conditions") by any User wishing to benefit from the Services provided by the Site, the latest version of which shall prevail.

The Site is published by TELLUS, a public limited company with a share capital of €37,012, registered with the Antibes Trade and Companies Register under number 448 560 847, whose registered office is located at 950 Route des Colles, 06410 Biot, France ("TELLUS").

The following terms, whether used in the singular or plural herein, shall always have the following definitions:

- “Order”: refers to the order for one or more Services placed by the User on the Site;

- “Account”: refers to the account created by the User on the Site, from which they access the Services, in accordance with these terms;

- “Personal Data”: refers to all types of information, data, and/or content collected and processed in connection with the use of the Services provided by the Site, hosted by TELLUS or its hosting provider, as defined by Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which allows for the direct or indirect identification of a natural person;

- “Joxko Wallet”: refers to the electronic wallet tool available to the User on the Site, allowing them to store money and use certain features of the Services;

- “Services”: refers to all the features and services offered on the Site, including services for purchasing and sending digital mobile phone top-ups, purchasing and sending digital gift cards and food vouchers, paying electricity bills, viewing order history, managing favorite numbers, etc.;

- “User”: refers to any legally competent adult who qualifies as a consumer under applicable law and jurisprudence, has an Account on the Site, and uses the Services.

These Terms and Conditions of Use are expressly accepted by the User, who must read them before using the Site. In any event, any use of the Services offered by the Site subjects the User to these Terms and Conditions of Use. The User is therefore deemed to have read, understood, and accepted all the rules set forth herein, as well as those contained in any document available on the Site, which are incorporated by reference into these Terms and Conditions of Use, without reservation.

TELLUS reserves the right to modify these Terms and Conditions of Use, in whole or in part, according to the technical development of the Site or its Service offerings, or due to changes in legislation, at its sole discretion and without prior notice.

The Site is hosted by the professional hosting provider OVH. The Site and all databases are hosted in this provider's data centers, located in France. It is specified that the Business Continuity Plan (BCP) servers are hosted by the professional provider SCALEWAY at its sites located in France, and that backups are stored on SCALEWAY's servers located in France.

OVH and SCALEWAY act as data processors for TELLUS within the meaning of the regulations applicable to the protection of Personal Data, in accordance with their contract, which does not deviate from this article.

TELLUS reserves the right to migrate the Site's hosting to other data centers of this provider and/or to change hosting providers, in full compliance with the regulations applicable to the protection of Personal Data.

TELLUS is committed to making its best efforts to:

- Ensure the physical and logical security of the servers hosting the Site and, in particular, the integrity of the network and servers against any external malicious act or known cyberattack. The servers are protected against intrusion by a firewall. Security updates for the operating systems and antivirus software are installed regularly;

- Implement and maintain Site security and confidentiality measures that take into account the principles of Personal Data protection and are adapted to the risk posed by their processing to the rights and freedoms of the data subjects, in accordance with the requirements of applicable Personal Data protection regulations. These measures aim to (i) protect data – and in particular Personal Data – against its destruction, loss, alteration, or disclosure to unauthorized third parties, and (ii) ensure the restoration of data availability – and in particular Personal Data – and access to it within appropriate timeframes in the event of a physical or technical incident. TELLUS also has a procedure in place to regularly test, analyze, and evaluate the effectiveness of the aforementioned security measures.

In the event of server failure, TELLUS will make every effort to restore service as quickly as possible, within the limits of the service level agreements (SLAs) made by the hosting provider.

4.1 Account Creation

Placing an order requires the creation of an account.

Users can create an account by clicking the link on the Site's homepage. They register by providing their email address, phone number, first and last name, and choosing a password. Users also have the option to create their account using their Google, Facebook, or Apple credentials, in accordance with the terms of service of those platforms.

At this stage, users can choose to subscribe to the TELLUS newsletter, which is optional.

At this stage, users click "Register" to finalize the creation of their account. By clicking, users acknowledge having read, understood, and fully accept all of the General Terms and Conditions of Sale (GTCS) without restriction or reservation.

An email is sent to the User. The User must then click on the link in the email to validate their email address. The User's phone number is then verified. For this purpose, the User receives a code via SMS to the phone number they provided. The SMS is sent only once to the number specified by the User. Operators are not responsible for delayed or undelivered messages. Requests to resend the code via SMS are limited to three times. Apart from the phone verification SMS, TELLUS does not send any other SMS messages during service use. The User does not send SMS messages to TELLUS. Should this situation arise, please note that message sending and data usage charges may apply depending on the User's mobile operator. Once the code received via SMS is validated, the User's registration is complete.

Once registration is validated, the User can log in to their Account at any time using their login credentials, or via their personal Google, Facebook, or Apple accounts. The User can then access the Services.

The User agrees to provide and maintain accurate, up-to-date, and complete personal information. TELLUS shall not be held liable under any circumstances for any delay or inability to access the Site due to incorrect or incomplete information provided by the User when creating an Account. The User can modify their personal information and password at any time directly from their Account.

The User's login credentials (username and password) are personal and confidential. The User must keep their login credentials secure and agrees not to disclose them to any third party for any reason, in any manner, or in any form whatsoever. The User also agrees to ensure that they log out properly at the end of each session using the Site.

In the event of loss, forgetting, or theft of their login credentials, the User must change their password as soon as possible by following the process detailed in their Account.

Under no circumstances shall TELLUS be liable for the loss, theft, or forgetting of the User's login credentials or for their fraudulent use. The User is solely responsible for accessing and using the Site with their login credentials.

4.2 Equipment

Access to the Site requires the User to have computer equipment (including PC or Mac, tablet, or smartphone) and a high-speed internet connection.

All costs related to accessing and using the Site, including hardware, software, and internet access fees, are the sole responsibility of the User. The User is solely responsible for the proper functioning and security of their computer equipment and internet connection.

4.3 Site Availability

The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of a force majeure event or an event beyond TELLUS's control, and except in the event of interruption, suspension, or limitation for maintenance and/or updates necessary for the proper functioning of the Site.

TELLUS is only bound by an obligation of means regarding the accessibility, operation, and availability of the Site and its content. TELLUS reserves the right to interrupt, suspend, or limit access to all or part of the Site at any time, particularly due to legal or technical constraints.

The User expressly acknowledges that the aforementioned suspensions, interruptions, or limitations may occur at any time without prior notice and will not give rise to any obligation or compensation in their favor.

4.4 Support

TELLUS customer service can be contacted by telephone, Monday through Friday from 9:00 a.m. to 5:00 p.m., or via a form available on the Website.

TELLUS customer service can also be contacted by the User via a chat service. The User has the option to start a conversation, view their chat history (when the User uses the chat after logging into their Account), etc.

The User agrees not to misuse the support service. TELLUS reserves the right to refuse to process a User's request if their behavior or the frequency of their requests is likely to disrupt the normal operation of the support service.

TELLUS will make every effort to respond to the User's request within a reasonable timeframe, but a definitive resolution cannot be guaranteed.

5.1 General Information Regarding Site Use

The User agrees to use the Site in accordance with these Terms and Conditions of Use (TCU), and in compliance with all applicable laws and regulations.

TELLUS may suspend or terminate the User's access to the Site or restrict access to the Services in the event of non-compliance with the Site's terms of use, without prejudice to any damages that TELLUS may claim.

5.2 Ordering Process

The User selects the Service(s) they wish to use from the "Shop" menu or directly via the Site's homepage. They then proceed with the Ordering process. It should be noted that the User may order several Services in a single Order.

Depending on the selected Service, the User may be required to select the country of use, the beneficiary's number, and other information.

Depending on the selected Service, the User may choose a payment amount, which they will pay according to the terms of Article 5.3 of the General Terms and Conditions of Sale.

Once the User has reviewed the contents of their shopping cart and wishes to place an Order, they can proceed to payment. At any time before confirming their Order, the User can modify or delete Services.

The User's Account will display an Order summary, including the amount of the selected Service(s) and the applicable fees for each Service ordered. The User can also enter a promotional code, if applicable, and any discount vouchers they may be entitled to.

It is the User's responsibility to check for any errors, after which they confirm having read and accepted the Terms and Conditions by checking the designated box, and indicate their intention to proceed with the Order by clicking on their preferred payment method and completing the online payment, in accordance with Article 5.3 of the Terms and Conditions.

At any time before proceeding with payment, the User may return to the previous pages to correct any errors.

5.3 Payment – ​​Financial Conditions

Once the User wishes to pay for their Order, they have the option to:

- Pay by credit card, PayPal, or PaySafeCard;

- Pay using all or part of the balance in their Joxko Wallet, which has been previously funded by a Joxko prepaid card. It should be noted that at this stage of the Order process, the User has the option to top up their Joxko Wallet;

- Pay via Google Pay or Apple Pay.

The User will be redirected to TELLUS's personalized payment page on the website of its payment partner. Payment will be processed in accordance with the terms and conditions applicable to the secure payment service of the payment provider, accessible on its website.

Please note that in the event of suspected fraudulent payment, TELLUS may request the User to provide a copy of an identity document. If the User refuses to provide this document or has doubts about its authenticity, TELLUS reserves the right to block or cancel the Order.

If payment cannot be processed for any reason, the Order will be automatically canceled.

The Order will only be considered final after TELLUS sends the User a confirmation email and receives full payment, it being understood that full payment is received when the User places the Order.

Upon sending this email, the ordered Service(s) will be made available to the recipient, according to the method specified on the Website. Depending on the type of Service ordered, the User has the option to inform the recipient of the Order via a paid SMS service, the terms and conditions of which are specified on the Website. It is hereby specified that TELLUS does not have access to the content of these SMS messages. They are encrypted and archived under conditions ensuring their security and confidentiality.

The User can access their Order history and associated invoices in their Account.

5.4 Loyalty Program Features

With each Order, the User accumulates loyalty points.

When placing an Order, the User has the option to use the loyalty points accumulated from previous Orders as discount vouchers. These discounts will reduce the amount due, provided that the User has at least one hundred (100) loyalty points on the day the Order is placed.

Each loyalty point can be used by the User for a period of eighteen (18) months from the date it is earned. After this period, the loyalty points are automatically deleted and the User can no longer use them. The expiry date of the loyalty points is specified in the User's Account.

5.5 Subscription Features

With regard to the Prepaid Mobile Top-Up Service specifically, the User has the option to subscribe to a plan (the "Subscription"). During the ordering process, the User determines the type and amount of the Subscription, as well as its frequency. An indefinite term can also be chosen. Automatic renewal is excluded.

The Subscription price will be paid by credit card at the frequency determined during the ordering process. The first payment will be made on the day the order is placed.

In the event of late payment, for any reason whatsoever, and in particular in the event of insufficient funds, the Service will not be provided, meaning the phone credit will not be sent to the subscriber.

For a fixed-term Subscription, the Subscription ends at the end of that term, unless the Customer cancels it from their Account.

For an indefinite-term Subscription, the Subscription ends at the Customer's discretion, from their Account.

In any event, the termination of the Subscription has an immediate effect.

In order to be able to benefit or provide the Services directly after validation of the Order, Users expressly agree to waive their right of withdrawal, in accordance with Article L. 221-28 of the Consumer Code, when validating their Order.

TELLUS represents and warrants that it has all the necessary titles, licenses, and authorizations to provide the Site to the User. TELLUS also represents and warrants that the Site it provides complies with all applicable European and national laws and regulations, as well as the state of the art in force at the date of this agreement.

TELLUS makes no other express or implied warranties, including, but not limited to, warranties of continuity, performance, and/or availability of the Site, fitness for a particular purpose, or suitability of the Site and/or Services for the User's needs, nor does it warrant that the Site will be free from anomalies, errors, or bugs, or that it will operate without failure or interruption. The Site is provided "as is" and "as available."

Accessing the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for accessing, querying, or transferring information, the risk of interruptions, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection for certain data against potential misuse, and the risk of contamination by viruses circulating on the network. TELLUS does not guarantee that the Site or its servers will be free at all times from viruses, worms, Trojan horses, or any other component likely to cause damage. It is the User's responsibility to take all appropriate measures to protect their own hardware, data, and/or software stored on their computer equipment from any damage.

By express agreement and subject to the provisions herein, TELLUS is bound by an obligation of due care in providing the Site and Services. The User expressly acknowledges having received from TELLUS all the necessary information to assess the suitability of the Site and Services for their needs and to take all necessary precautions for their use.

No advice or information, whether oral or written, obtained by the User during the use of the Site and Services shall create any guarantees not expressly provided for in these Terms and Conditions of Use, nor shall it render TELLUS liable for any damages of any kind caused to the User or third parties as a result of the User's misuse of the Site and/or Services, in violation of the provisions of this article and, more generally, of the non-compliance with these Terms and Conditions of Use.

The User is solely responsible for the proper, judicious, and thoughtful use of the Site. The User is responsible for any damage to their computer system, the Site, and/or its content, as well as any data loss that may result from their use of the Site. As such, the User is responsible for implementing antivirus software and other security measures for their computer system.

TELLUS is only liable for direct damages that may be caused to the User due to the improper performance and/or non-performance of its obligations under these Terms of Use. To the fullest extent permitted by applicable law, TELLUS shall not be liable for any indirect damages of any kind whatsoever suffered by the User.

The User acknowledges that TELLUS remains free to correct and/or modify the Site at any time and without prior notice, without such correction and/or modification giving rise to any legal recourse on its part.

TELLUS cannot be held liable, in general, in any case where the non-performance or improper performance of the General Terms and Conditions of Sale results from a case of force majeure or fortuitous event independent of its will.

The Site and all content on the Site, published by TELLUS (the “Protected Elements”), are protected by intellectual property rights (including, but not limited to, all copyrights, patent rights, trademarks, database producer rights, and any other existing or future intellectual property rights, both French and international) and belong to TELLUS or to third parties who have authorized TELLUS to use them.

Use of the Site does not in any way grant the User ownership and/or intellectual property rights to the Protected Elements, except for a personal, non-exclusive right of access limited solely to using the Site in accordance with its purpose and in compliance with these Terms of Use.

The User is prohibited from representing, reproducing, and/or using the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of TELLUS. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, disseminate, distribute, or transfer all or part of the Site, create derivative works from the Site, or authorize any third party to do so, without the prior written consent of TELLUS.

Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of TELLUS and/or its licensors and may result in civil and criminal prosecution.

TELLUS is committed to protecting the Personal Data of Site Users and undertakes to protect it in accordance with applicable regulations, in particular Regulation (EU) 2016/679 of 27 April 2016, known as the "General Data Protection Regulation" or "GDPR," and French Law No. 78-17 of 6 January 1978, as amended, known as the "Data Protection Act."

For more information on the rules for protecting Personal Data, Users are invited to consult the TELLUS privacy policy, available at the following address: https://www.joxko.com/fr/privacy/privacy-policy.

11.1 Duration

These Terms and Conditions of Use (TCU) become effective upon acceptance by the User and remain in effect for the entire duration of the User's use of the Site or Services.

Users wishing to delete their Account and no longer be subject to these TCU may do so directly through their Account, following the associated procedure. In the case of a Subscription, deleting the Account will terminate the Subscription.

It is specified that an inactive Account may be deleted by TELLUS under the following conditions:

- If there is no balance in the Joxko Wallet: in the event of inactivity for more than two (2) years, after sending three (3) reminders, TELLUS may close the Account. TELLUS will send reminders to the User three months before this deadline, then two months before this deadline, and finally one week before this deadline, before closing the Account;

- In the event of a balance on the Joxko Wallet: if the account remains inactive for more than three (3) years, after three (3) reminders, TELLUS may close the Account. TELLUS will contact the User three months before this deadline, then two months before, and finally one week before, before closing the Account. After these periods, if the Account is still inactive, TELLUS will retain the amount corresponding to the Joxko balance. It is understood that simply logging into their Account and/or placing any Order will reactivate their Account, and in this case, the Customer will retain their Joxko balance as is, without any deductions.

In the case of a Subscription, these Terms and Conditions will end at the end of the Subscription period.

11.2 Termination

If the User uses the Site in a manner inconsistent with these Terms of Use, if the User breaches these Terms of Use, or more generally, if the User violates any applicable laws and regulations, TELLUS may terminate, without prior notice, warning, or compensation, all or part of the User's access to the Site. TELLUS may terminate the Site without prejudice to any other rights, actions, and remedies available to TELLUS to seek compensation for any damages it may have suffered as a result of these breaches.

11.3 Consequences of Termination or Expiration of the Terms of Use

Upon expiration or termination of these Terms of Use for any reason whatsoever, TELLUS may delete the User's Account.

The User accepts that the deletion of their Account, for any reason whatsoever, will prevent them from using the Services and any loyalty points they may have accumulated will be forfeited.

TELLUS will return all Personal Data to the User upon request, within a reasonable timeframe and within ten (10) calendar days of the termination of these Terms and Conditions of Use, in a format readable by standard commercial software. Beyond the aforementioned ten (10) days, TELLUS will delete the Personal Data, with the exception of one copy that TELLUS may retain for evidentiary purposes in the establishment, exercise, or defense of legal claims. The User's Personal Data will be archived in accordance with the terms of TELLUS's privacy policy.

These General Terms and Conditions of Use (GTCU) are governed by and construed in accordance with French law.

The parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation, or performance of these GTCU. In the event of a persistent disagreement, the dispute will be brought before the competent courts.

Notwithstanding the foregoing, the User has the right, in any event, pursuant to Articles L. 612-1 et seq. of the French Consumer Code, to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute between them and TELLUS. To this end, they may, in particular, contact: SAS Médiation Solution, which TELLUS has designated, by registered membership number 53345/VM/2407, as its consumer mediation entity.

To contact the mediator, the consumer must submit their request:

- Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

- Or by email to: contact[@]sasmediationsolution-conso.fr

- Or by completing the online form entitled "Contact the mediator" on the website https://www.sasmediationsolution-conso.fr

Regardless of the method used, the request must include:

- The applicant's postal, telephone, and email contact information,

- The name, address, and registration number with Sas Médiation Solution of the professional concerned,

- A brief summary of the facts,

- A copy of the initial complaint,

- All documents relevant to the investigation of the request (order form, invoice, proof of payment, etc.)

The mediator must be contacted within a maximum period of one (1) year from the date of the written claim sent by registered mail with return receipt requested to TELLUS.