Version effective October 1, 2021
Studely provides, through its web and mobile application, a service to assist students (hereinafter: the “Users”) in the accomplishment of their expenses inherent to their student life. The application is available on the Internet and on mobile devices.
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 in this context.
They are accessible and printable at any time, by means of a link located in the Application, allowing them to be displayed on a stand-alone web page.
2. Operator of the Application and Services, contact
The Application and the Services are operated by the company Studely, (hereinafter: “Studely”).
Studely has a status :
- of agent of Payment Service Provider mandated by Treezor and governed by the French Monetary and Financial Code, registered in the register of intermediaries in banking operations and payment services under N°16005471 (can be consulted on the site of Orias, www.orias.fr) and having subscribed to a civil liability insurance (policy N°RCPIOB3542) and a financial guarantee (policy N°GFIIOB3542) with the insurer CGPA (www.cgpa.fr), pursuant to articles L.519-3-4 and R.519-16-17 of the Monetary and Financial Code. Studely operates under the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - 75436 Paris
STUDELY can be contacted at the following address:
Telephone : 00331 80 88 90 77
Mail : firstname.lastname@example.org
3. Access to the Application and Services
The Application and Services are accessible to:
- To any natural person with full legal capacity to enter into commitments under these Terms and Conditions. The natural person who does not have full legal capacity can only access the Application and the Services with the agreement of his legal representative exercised through Studely
The Application and the Services are exclusively intended for students from their country of origin or after their arrival in Europe in the framework of their studies and having to pay for expenses related to student life.
4. Acceptance of the general conditions
Acceptance of these terms and conditions by Users is evidenced by an electronic signature during the registration process.
This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these terms and conditions should not download the Application or use the Services.
These GTC are concluded between the Client and STUDELY for an indefinite period.
STUDELY acknowledges that all Clients adhere to the GCU at a distance and therefore have a withdrawal period of 14 calendar days from the date of subscription under the provisions of Articles L. 222-1 to L. 222-18 of the Consumer Code.
5. registration on the application
In order to use the Services, Users must register on the Application under the following conditions.
Users may register by any means that STUDELY makes available to them, including via the website www.studely.com .
To register, Users must fill in a registration form, providing all the information required to prove their identity. They must provide all the information marked as mandatory.
Users must also provide the number of the cell phone on which they downloaded the Application. This number will serve as their identifier.
Once Users have completed the registration form, they will receive a code by SMS allowing them to connect to the Application. At their first connection, they must choose a password, which can be changed at any time, and it is recommended to change it regularly.
Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of each User (hereinafter: the “Account”), which enables him/her to manage his/her use of the Services in a form and according to the technical means that STUDELY deems most appropriate for rendering said Services.
When Users have opened their Account, they must upload on the Application an identity document, a proof of address and, more generally, all the documents requested by TREEZOR to verify that a business relationship can be established with the Users.
Studely communicates the Know Your Customer Documents to TREEZOR, who proceeds to their validation within a maximum of 15 minutes from the end of the upload.
The Users acknowledge and accept expressly that if the Know Your Customer Documents are not validated by TREEZOR, they can’t use the Services.
If the Know Your Customer Documents are validated, STUDELY informs the Users, by any useful written means and notably by email, that their registration is confirmed.
The Users guarantee that all the information they provide for the purposes of their registrations, as well as the Know Your Customer Documents, are accurate, up to date and sincere and are not vitiated by any misleading character.
They undertake to update this information in their Personal Space in the event of changes, so that it always corresponds to the above-mentioned criteria.
6. Strictly personal use
The Account is opened by a natural person, the said Account will be validly operated by any duly authorized person.
The User therefore undertakes to use the Services personally, and not to allow any third party to use them in his place or on his own behalf, unless he assumes full responsibility.
The User is also responsible for maintaining the confidentiality of his password and expressly acknowledges that any use of the Services from his Account will be deemed to have been made by him. When the Account is opened by a legal entity, the latter acknowledges that its Account may be operated by one or more authorized persons, using its login information. In this case, the natural person (student) undertakes to ensure that the latter respect the strictest confidentiality of their connection data.
The User must immediately contact STUDELY using the contact details mentioned in Article 2 hereof if he/she notices that his/her Account has been used without his/her knowledge. The User acknowledges STUDELY’s right to take all appropriate measures in such a case.
7. Description of the Services
Users have access to the following Services, in a form and according to the functionalities and technical means that STUDELY considers most appropriate. The Services accessible according to the services subscribed to are indicated in the Application.
7.1 Managing a Card Account
In its capacity as a payment service provider agent, in the sense of articles L.523-1 and following of the French Monetary and Financial Code, mandated by TREEZOR to offer the latter’s payment services to Users, STUDELY provides Users with the following Services
the management of one or several payment accounts opened by TREEZOR, through which a User can make payment orders (hereafter: the “Card Account”);
the management of one or several Mastercard cards issued and delivered by TREEZOR, associated to the different Card-Account (hereafter: the “Card”).
The history of the transactions made through the Card Accounts can be consulted in the Application, in the “Payments” section.
It is the responsibility of Users to ensure that their Card Account has sufficient funds. In this regard, Users expressly acknowledge and accept :
any payment order that results in their Card Account being in debit will be automatically blocked,
STUDELY reserves the right to block the payment orders of a User if it is found that his or her Card Account does not have sufficient funds to pay for the Services.
The Users expressly acknowledge and accept that STUDELY provides this Service in the name and on behalf of TREEZOR and that in this respect, they are subject to the Treezor General Terms and Conditions, that they accepted when they registered on the Application, under the conditions provided in article 4, and commit themselves to respect them. In this respect, the Users acknowledge and accept the Framework Agreement which defines the relationship between Treezor and the Users, which is available at the following address: www.studely.com/mentions
With STUDELY, you cannot be overdrawn, so your balance must be positive. We will block your debit transactions if you do not have enough money in your account.
7.7 Alert system
The Application provides Users with an alert system designed to inform them of any potentially fraudulent transactions. Depending on the configuration chosen by the User, the transactions will be blocked or not.
7.9 Other Services
STUDELY reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to provide said Services.
8. Personal data
8.1 Personal data processed by STUDELY
Each User and STUDELY undertake, each insofar as it is concerned, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).
The conditions of collection and processing of personal data, of obtaining the consent of the persons concerned to such collection and processing, as well as of exercising their rights of information, access, rectification, opposition, limitation, portability and deletion of such data are explained in the document entitled “Charter relating to the protection of personal data”, of which Users are expressly invited to take cognizance.
8.2 Personal data processed by STUDELY on behalf of TREEZOR
Within the framework of the Card Account and Card Management Services, carried out by STUDELY, as an agent of a payment service provider, STUDELY is led to process personal data related to the Users, on behalf of TREEZOR.
The characteristics and the conditions of this processing, as well as the modalities of exercising their rights by the concerned persons are detailed in article 24.16 (“Personal data and professional secrecy”) of the Treezor Contract. For this processing, STUDELY acts as a subcontractor on behalf of TREEZOR, which is the data controller.
In accordance with article 28 of the General Data Protection Regulation, the modalities of processing by STUDELY of personal data relating to the Users, within the framework of the Card Account and Card Management Services, are governed by a specific agreement concluded with TREEZOR or with any other payment service provider for which STUDELY would act as an agent.
8.3 Personal data processed by the Users for the other Services
8.3.1 General provisions
Within the framework of the Services, STUDELY may process personal data relating to the Users’ customers. The characteristics of this processing are as follows:
Purpose of the processing of personal data
Performance of the Services referred to herein, other than those provided as an agent of a payment service provider,
Type of personal data processed
Identification data (surname, first name, postal and email address, company); Bank details.
Categories of persons concerned
Customers of the Users.
Duration of the processing
Duration of the Services
Place of processing
AMAZON WEB SERVICE EUROPE
Each User is responsible for the processing of this data and is required to fulfil the obligations incumbent upon him/her pursuant to the aforementioned Regulation, in particular with regard to the obligation to inform the persons concerned, to keep a register of the processing operations carried out and, more generally, to comply with the principles of the Regulation.
The data provided by each User to STUDELY for the purpose of performing the Services shall remain the sole property and under the sole responsibility of the said User.
8.3.2 Obligations of the Provider towards the Customer
- Data processing:
STUDELY undertakes to process personal data only for the purpose of performing the Services and in accordance with the documented instructions of the User, including with regard to the transfer of data outside the European Union. STUDELY undertakes to inform the User if, in its opinion, an instruction constitutes a violation of applicable regulations.
- Data security and confidentiality:
STUDELY undertakes to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. STUDELY shall also ensure that the persons authorized to process personal data are subject to the obligation to maintain confidentiality.
- Other subcontractors:
STUDELY undertakes not to call upon other subcontractors without the prior specific or general express authorization of the User via the means made available to him/her in the Application. In the case of general written authorization, STUDELY undertakes to inform the User of any planned changes regarding the addition or replacement of other subcontractors, with the User having the opportunity to object to such changes.
Provision of Information:
STUDELY undertakes to respond to any request for information sent to it by the User, whether in the context of a request for the exercise of their rights by data subjects, an impact analysis, or a request submitted by data protection authorities or the User’s data protection officers.
Notification of personal data breaches:
STUDELY undertakes to notify the User of any personal data breach within a maximum of 72 hours after becoming aware of it. In the event that the User has to notify the competent supervisory authority of such a violation, STUDELY undertakes to provide it with all relevant documentation.
- Data retention:
STUDELY undertakes to delete personal data at the end of the Services, regardless of the cause, and not to keep any copy of it.
- Records and Documentation:
STUDELY shall keep a written record of the processing carried out on behalf of the Users. This register shall also include the information relating to such processing.
STUDELY shall make available to each User, upon request, all the information necessary to demonstrate compliance with its obligations and to enable audits to be carried out by the User or by an auditor appointed by the User.
In the context of such audits, the User or the auditor appointed by the User shall not be authorized to access STUDELY’s business secrets, strategic information or information that STUDELY has undertaken to keep confidential. STUDELY shall be entitled to object to any measure of control by the User or the auditor appointed by the User which may give them access to such data or information, without the User being able to make any claim in this respect. The User shall in any event ensure that the auditor and, more generally, the personnel carrying out the said audit are subject to appropriate confidentiality obligations.
9. Prohibited Behavior
It is strictly prohibited to use the Services for the following purposes:
- carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties
- undermining public order or violating laws and regulations in force,
- intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
- sending unsolicited emails and/or commercial solicitations,
- manipulations intended to improve the referencing of a third site,
- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above, and more generally any practice diverting the Services to purposes other than those for which they were designed.
Users are strictly prohibited from copying and/or misappropriating the concept, technologies or any other element of the STUDELY Application for their own purposes or those of third parties.
The following are also strictly prohibited:
(i) any behaviour of a nature to interrupt, suspend, slow down or prevent the continuity of the Services,
(ii) any intrusion or attempted intrusion into STUDELY’s systems,
(iii) any misuse of the system resources of the Application,
(iv) any action that imposes a disproportionate burden on the infrastructure of the latter,
(v) any breach of security and authentication measures (including access through the use of unofficial mobile applications downloaded from sources other than Google App or App Store),
(vi) any acts that may prejudice the financial, commercial or moral rights and interests of STUDELY or the users of its Application, and more generally
(vii) any breach of these terms and conditions.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Application, as well as to the information hosted and/or shared therein.
10. Obligations of Users
Without prejudice to the other obligations set forth herein, Users agree to comply with the following obligations.
Users undertake, in their use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, they undertake to comply with the regulations applicable to the fight against money laundering. To this end, they commit to cooperate with STUDELY and, if necessary, with TREEZOR in the framework of the “Know Your Customer” process, as described in article 5.
Users are solely responsible for the proper completion of all administrative and social formalities.
STUDELY cannot be held responsible for this.
Users acknowledge that they have taken note in the Application of the characteristics and constraints, particularly technical, of all the Services.
They alone are responsible for their use of the Services.
Users undertake to make strictly personal use of the Services. Consequently, they shall refrain from assigning, conceding or transferring all or part of their rights or obligations hereunder to a third party, in any manner whatsoever.
Users undertake to provide STUDELY or other Users, within the framework of the Services, only with information or data of any kind that is accurate, up-to-date and sincere and that is not tainted by any misleading character or that is likely to mislead. They undertake to update this information so that it always corresponds to the above-mentioned criteria.
They undertake to provide STUDELY with all the information necessary for the proper performance of the Services and, more generally, to cooperate actively with STUDELY for the proper performance of the present Agreement.
Users warrant to STUDELY that they have all the rights and authorizations necessary for the dissemination of content of any kind (editorial, graphic or other, including the name and/or image that may be chosen to identify it) in the context of the Services.
They also undertake to ensure that this content
- are not infringing or damaging to the image of a third party;
- are in no way misleading or likely to mislead Users.
11. Users’ warranty
Users shall hold STUDELY harmless against any and all complaints, claims, actions and/or demands that STUDELY may suffer as a result of the breach by Users of any of their obligations or guarantees under these general terms and conditions.
They undertake to compensate STUDELY for any prejudice it may suffer and to pay all costs, charges and/or judgments it may have to bear as a result.
12. STUDELY Data
Users expressly acknowledge and accept:
- that the data collected on the Application and STUDELY’s computer equipment are proof of the reality of the operations carried out within the framework of the present contract,
- that this data constitutes the main form of proof accepted between the parties, in particular for the calculation of sums due to STUDELY.
Users may access this data in the Application.
13. Penalties for breaches
In the event of a breach of any of the provisions of these general terms and conditions, or more generally, of any breach of laws and regulations by Users, the Company reserves the right to:
suspend, delete or prevent access to the Services of the User who is the author of the breach or infringement, or who has participated in it,
delete any Content related to the breach or infringement in question, in whole or in part,
take all appropriate measures and take any legal action,
to notify the competent authorities, if necessary, to cooperate with them and to provide them with all information useful for the investigation and repression of illegal or illicit activities.
In the event of a User’s failure to comply with an essential obligation arising from these General Terms and Conditions, STUDELY reserves the right to terminate the User’s access to all or part of the Services, fifteen (15) days after receipt by the User of a formal notice that has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply this clause, without prejudice to any damages that may be claimed from the User. It shall automatically result in the deletion of the User’s Account, without prejudice to any other consequences that may arise in application of these general conditions.
14. STUDELY’s liability and guarantee
STUDELY undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
STUDELY undertakes to use the documents, elements, data and information provided to it by Users solely for the purposes of carrying out the Services and not to communicate them to any third party, except at the express request of the User and/or if such communication is required by the legal authorities or results from the legal obligations incumbent on STUDELY, in particular in its capacity as a payment service provider.
STUDELY undertakes to make its best efforts to ensure the security of the User’s Personal Space. STUDELY guarantees the exclusivity of the Personal Space and undertakes not to communicate its contents to any third party.
STUDELY undertakes to inform Users of any foreseeable difficulty, in particular with regard to the implementation of the Services or the proper functioning of the Application.
However, STUDELY shall not be held liable in the event of malicious entry into this space, unless it can be shown that the security measures it has put in place were seriously deficient.
In addition :
- STUDELY shall not be held responsible for any lack of vigilance on the part of Users in maintaining the confidentiality of their identifiers and passwords;
- STUDELY declines all responsibility in the event of the possible loss of information accessible in the Users’ Personal Space, as Users must save a copy and may not claim any compensation for this.
STUDELY does not intervene in any way in the relations between Users and their clients or with the authorities, subject to the Declaration Service referred to in article 7.5. STUDELY shall in no way be held liable for any difficulties that may arise in this context, nor shall it be a party to any disputes that may arise between them, in any capacity whatsoever.
STUDELY undertakes to carry out regular checks to verify the operation and accessibility of the Application. In this respect, STUDELY reserves the right to temporarily interrupt access to the Application for maintenance purposes. Similarly, STUDELY shall not be held liable for any difficulties or temporary impossibility of accessing the Application due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.
STUDELY does not guarantee to Users:
(i) that the Services, subject to constant research to improve in particular their performance and progress, will be totally free of errors, defects or faults,
(ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
STUDELY shall in no event be liable to any User for payment of damages of any nature whatsoever, whether direct, material, commercial, financial or moral, as a result of a User’s use of the Services, in an amount exceeding half of the amounts invoiced by STUDELY as remuneration for the services for which it was responsible, at the time of the occurrence of the alleged damage. STUDELY shall only be liable if the said User has made a claim by registered letter with acknowledgement of receipt within one month of the said occurrence.
15. Intellectual property of STUDELY
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by STUDELY within the Application are protected by all intellectual property rights or rights of producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of STUDELY is strictly prohibited and may be subject to legal proceedings.
16. Financial terms and conditions
16.1 Prices of the Services
The prices of the Services are indicated in the Application, on the “Pricing” page and on the “rates” page.
Unless otherwise stated, they are expressed in Euros and exclusive of tax.
STUDELY reserves the right, at its own discretion and in accordance with the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
The prices of the studely services can be consulted by clicking on the following tab: https://studely.com/fr/tarifs?country=en
16.2 Price revision
The above prices may be revised at any time by STUDELY, at its free discretion. Users shall be informed by any useful means, at least one month before the date of entry into force of the new prices.
Once they have come into force, the new prices shall apply no later than 30 (thirty) days after their publication on the website www.studely.com
Users who do not accept the new prices must terminate their Subscription in accordance with the terms of article 19. Otherwise, they will be deemed to have accepted them.
17. Commercial references
Users expressly authorize STUDELY to quote them and, where applicable, to use the reproduction of their brand name or logos as commercial references, in particular at events, in its commercial documents and on its Internet site, in any form whatsoever, during their period of use of the Services and beyond for a period of three (3) years.
18. Links and third-party sites
STUDELY shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which Users may access via the Application.
STUDELY is not responsible for transactions between Users and any advertiser, professional or merchant (including its possible partners) to which Users may be directed via the application and shall not be party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which such third parties are bound.
19. Duration of the Services, deregistration
The Services are subscribed to in the form of a subscription (hereinafter referred to as the “Subscription”).
The Subscription begins on the day of its subscription, for a period of one month (hereinafter: the “Initial Period”), from date to date.
It shall then be tacitly renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the “Periods”), from date to date, unless the Subscription is terminated by STUDELY or by the User no later than 5 (five) days before the end of the current Subscription Period.
Termination of the Subscription by a User shall be carried out in accordance with the procedures indicated in the Application.
Termination of the Subscription by STUDELY shall be effected by any useful written means, and in particular by email.
Any Subscription Period started is due in full.
20. Effect of termination of Services
The termination of Services, whatever the cause, will automatically and by right lead to the deactivation of the User’s Account.
Prior to the deactivation of their Account, Users shall be responsible for recovering any documents, items, data and information that they have stored in the Application in connection with their use of the Services.
STUDELY reserves the right to modify the Site and the terms, conditions and notices herein at any time or to supplement them with new complementary contractual conditions at any time, in particular in the event of technical, legal or jurisprudential developments or when new services are set up.
STUDELY reserves the right to modify these GCU at any time, it being specified that the GCU applicable to the Client will be those in force at the date of use of the Services offered on the Site by the Client. Customers will be informed of these modifications 2 months before they come into force by any useful means.
Customers who do not accept the modified TOS must unsubscribe from the Services in accordance with the terms and conditions set forth in Article XI.
Any Customer who uses the Services after the entry into force of the modified TOU is deemed to have accepted these modifications.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
24. Applicable law and jurisdiction
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the French courts shall have jurisdiction, except in the event of imperative procedural rules to the contrary.