General terms of use
Discover the rules for using Edonys services
Informations générales
Edonys (the “Service Provider“) informs you that it is important that you read these Terms of Use carefully before using the services (the “Services“) including the Website and/or Platform and giving your acceptance to these Terms. By using the Services, you freely give your express consent, without any rush, having read and understood all the terms used.
If you use the Services, the Website and/or the Platform in any way whatsoever, you undertake to comply with the terms of these General Terms of Use, which constitute a Contract between the Service Provider and yourself.
If you do not accept any of the provisions of these Terms in whole or in part, you must not click on “I accept” but must inform the Service Provider at info@edonys.tech of the provisions with which you disagree. A total refusal could make it impossible to perform the Services.
The https://www.edonys.tech website (the “Website“) and the https://my.vireo.lu and https://joybiiz.edonys.tech secure portals (together the “Platform“) are put online by the Service Provider.
This document is drawn up in french and may be translated into other languages. In the event of any discrepancy or contradiction between the French version of the agreement and this translation in English, the provisions of the French version shall prevail.
Article 1. Purpose of these Conditions
1.1. Under these General Terms and Conditions of Use, the Service Provider makes the Services available to individuals (the “Users“) who may be :
–> Visitors to the Service Provider’s websites and applications who use the Services without having to create a secure personal account;
–> Users who access the Service Provider’s Services free of charge (testers, guests, etc.);
–> Users who subscribe to the Service Provider’s Services directly by themselves;
–> Users who have access to the Services through a subscription provided by their employer or the company with which they work.
1.2. Indirectly, Users may be required to use the Services on behalf of third parties such as the dependants in their household, their prospects or their customers. They undertake and declare that they have obtained the agreement of these persons prior to encoding their data when using the Services.
1.3. Depending on the subscription made by the User or his/her representatives, the Services to which Users may have access are:
–> the Website, where you can consult various information about the Service Provider and the services it offers;
–> the Platform used to access the Service Provider’s digital services;
–> Human assistance provided by the Service Provider’s helpdesk team;
–> Various training and information sessions;
–> Introductions (requiring prior consent) to partners such as traders, tax specialists, financial analysts, brokers and wealth advisers.
1.4. More specifically, the Provider’s digital services are presented in the form of ‘worlds’: PayWorld – TaxWorld – JoyWorld – TechWorld. The User can consult all the information required on these services on the www.edonys.tech website and the pages specific to each world.
In summary, the digital services can be described as follows.
1.5. PayWorld
–> A remuneration simulator enabling the User to construct an ideal salary package;
–> A salary package configurator enabling Users to define, manage and order the package for their company and each of their employees;
–> A management area allows you to create entities, departments, teams and employees;
–> A salary calculator enabling the User to manage the remuneration of a company’s employees and collaborators;
–> A bonus manager enabling the User to calculate and allocate bonuses to employees or collaborators of a company while generating the necessary reporting.
1.6. TaxWorld
–> A tax assistant (myTax) enabling the User to generate a Luxembourg tax return by answering a few simple questions;
–> A tax simulator enabling Users to calculate their household tax burden and compare it with any potential change in their situation;
–> A needs analysis (myNeed) enabling the User to define his financial or insurance needs while generating any contractual documents;
–> A management area enables you to create and manage processes on behalf of third parties (customers, etc.).
1.7. JoyWorld
–> A cashback application (Joybiiz) enabling Users to benefit from or offer advantages and use meal and gift vouchers.
–> A management space enabling a merchant User to track his transactions and, if his customers have given their prior consent, to follow their consumer profile.
1.8. TechWorld
–> A monitoring area enabling Users to manage their development project.
1.9. Further details
All of these services are accessible via a connection to a highly secure area dedicated to the User.
As this information concerns personal, financial and/or tax information, it is of a strictly confidential nature, to which the Service Provider accords special security, as explained in its Data Protection Policy.
Article 2. Access to Services
User account
2.1. Prior to any encoding of personal data, apart from the Website’s contact request form, the User must register on the Platform (and create a personal space) (hereinafter referred to as the “Account“).
2.2.The User is solely responsible for maintaining the confidentiality and security of his/her Account and all activities directly or indirectly linked to it.
2.3.The User undertakes to notify the Service Provider immediately of any breach of security of their Account. The User expressly acknowledges and accepts that the Website and/or Platform are designed and intended for restricted personal/family and/or professional use. In this respect, the User refrains from sharing the information in his/her Account (including his/her access codes) with any other person apart from his/her spouse/partner, if any, or another dependent member of his/her household. Subject to the exercise of reasonable skill and care, the Service Provider shall not be held liable for the disclosure of confidential information or losses resulting from unauthorised use of the User’s Account and failure to comply with these rules of use.
2.4.In order to use the Website and/or the Platform, the User must enter his/her identifier and access code to authenticate the Account. The User agrees to provide accurate and complete information when registering, and to update his/her registration data to ensure that it is always accurate and complete. If the User fails to provide accurate, current and complete registration details on the Website and/or Platform, the Provider reserves the right to suspend or terminate the User’s Account and to inform, where appropriate, the employer (or its representative) if it is the employer who has subscribed to this service for the benefit of its employee. The User accepts that the Service Provider stores and uses the registration data for the Website and/or Platform that the User provides. Details of data storage can be found in the Service Provider’s Data Protection Policy.
2.5.Users have the right to access, rectify, modify and delete data concerning them personally. These rights may be exercised in accordance with the provisions of the Service Provider’s Data Protection Policy.
Connection
2.6. Any User may connect to the Website free of charge in order to consult the information published.
2.7. Any User may connect to the Platform in order to use the Services, provided that they have a right of access (via a subscription or an invitation).
2.8.The User is hereby informed that the Website and/or the Platform are accessible in SAAS (software as a service) mode and that access is carried out on his/her equipment, whether personal or made available by his/her employer or representative (computer, digital tablet, smartphone, etc.), on his/her own Internet access network (or that of the employer/representative where applicable) compatible with the Website and/or the Platform and under his/her own responsibility. Telecommunication costs incurred in accessing the Website and/or the Platform are the responsibility of the User (or his/her employer/representative, where applicable), as are any communication costs incurred by their use.
2.9.The User acknowledges and accepts that it is his/her responsibility to ensure that the Website and/or Platform function properly.
2.10.When the User uses his/her professional e-mail address to access the Platform to benefit from the Services as an employee benefit, the User’s employer or representative has no access to his/her personal data.
Restrictions of use
2.11.The User agrees to use the Website and/or Platform solely for the purposes authorised by these General Terms and Conditions and in accordance with applicable laws and regulations or generally accepted practices.
2.12.If the User’s use of the Web Site and/or Platform, or any other conduct by the User, intentionally or unintentionally threatens the Service Provider’s ability to maintain the Web Site, Platform and the confidentiality of the information attached thereto or any other system, the Service Provider may take all reasonable steps to protect the Web Site, Platform and/or preserve the confidential information stored thereon, including the immediate suspension or termination of the User’s right of access to the Web Site and/or Platform.
Availability of the Website and Platform
2.13.The Website, Platform or any feature or part thereof may not be available in all countries. The Service Provider does not warrant that the Website, Platform or any feature or part thereof is appropriate or available in any location. The User chooses to access and use the Website and/or the Platform on its own initiative and is therefore responsible for acting in accordance with any applicable law.
2.14. In the case of TaxWorld and the myTax digital tax assistant in particular, as an annual update is necessary to adapt the content to new laws, regulations and tax interpretations in force, this service may not be available during the first few months of the year in order to guarantee optimum quality.
Cookies
2.15. The Service Provider wishes to inform the User in a clear and transparent manner about the use of cookies when browsing the Website and/or the Platform.
2.16. A cookie is a small text file stored on the hard disk of the User’s terminal (computer, tablet, mobile) by the User’s browser software when visiting the Website and/or Platform.
2.17.This means that a cookie is sent to the Service Provider each time the User opens a page on the Website or Platform from their computer, tablet or mobile device. Cookies stored by the Service Provider or by third parties when the User visits the Website and/or Platform do not personally recognise the User as an individual, but only recognise the device the User is using. Cookies do not store any sensitive personal data but simply provide information about the User’s browsing so that his/her terminal can be recognised at a later date.
2.18.Cookies do not cause any damage to the User’s device but make it easier, for example, to find his/her preferences, pre-fill certain fields and adapt the content of the Service Provider’s Services.
2.19. The Service Provider shall in no event be held liable for any damage whatsoever resulting from or originating from cookies on the User’s device.
2.20.Only the User chooses whether he/she wishes to have cookies saved on his/her device and the User can easily control the saving of cookies. Refusal to accept cookies will prevent the User from freely consulting the Website and/or the Platform.
2.21For further information, the User is invited to consult the Service Provider’s Cookie Management Policy.
Absence de transfert de droit
2.22.Nothing in these Terms and Conditions shall have the effect of conferring on the User any interest, title or licence in or to any identifier of the Website, Platform, domain name, e-mail address, service or similar resource used by the User in connection with the Website and/or Platform.
Article 3. Obligations of the User
3.1.Access to the Website and/or the Platform, consultation of the information and use of the services contained therein, as well as any interpretation that may be made thereof, are carried out under the sole responsibility of the User, who undertakes to make strictly personal and non-commercial use thereof and not to use it for any third party not belonging to the household.
3.2.If the User uses the Services through his/her employer or representative, he/she undertakes to use them in a strictly professional manner in accordance with the Services Agreement signed between the Service Provider and his/her employer or representative.
3.3. In particular, the User undertakes not to undermine or attempt to undermine the integrity or security of the Website and/or the Platform. To this end, the User undertakes, in particular, to comply scrupulously with the following rules:
–> Not to download, post or transmit in any way whatsoever any content likely to harm the integrity or confidentiality of the systems and data of the Service Provider, other Users or third-party service providers;
–> Not to extract data from the Website and/or Platform for unauthorised re-use;
–> Not to copy, modify, in particular by decompiling, merging into another software program or determining, the source code, algorithms, structure or underlying organisation of the Website and/or Platform;
–> If there is any doubt about the information provided or the reports drawn up by the Platform services, inform the Service Provider of the origin and content of the doubtful information/report.
3.4.In addition, the User must take all necessary steps to back up by his/her own means the information he/she deems necessary from his/her Account since the Service Provider will not provide him/her with any automatic copy, in particular upon termination at his/her initiative, that of his/her employer or that of the Service Provider or for any other reason.
3.5.The User is responsible for the correct operation of their computer equipment (computer, tablet, telephone, modem, etc.) and the Internet access they use to access the Services. They must also ensure that the devices and browsers they use to access the Services are up to date.
User obligations specific to payment services
3.6.To access certain services, the User may be required to make an online payment via the Website and/or the Platform. The User undertakes to use the payment services provided by the Service Provider in compliance with the rules, laws and precautions of use in force.
3.7. The User undertakes to notify the Service Provider as soon as possible if any difficulty is encountered in placing or confirming the order.
User obligations specific to TaxWorld
3.8. The myTax service is a didactic tool to assist Users in filling out their tax return/annual tax statement (hereinafter referred to as the “Digital Tax Assistant” or “myTax“), enabling them to assert their rights and also to assist them in fulfilling their duties and obligations with regard to the Direct Tax Administration (Administration des Contributions Directes – ACD). In the event of possible or compulsory taxation, the Digital Tax Assistant generates a report for the User, containing a detailed explanation and all the forms (and any appendices) duly completed, so that the User can provide all the information required by the Administration for taxation purposes. The User may at any time ask the Service Provider for any form(s) not recommended by myTax. The User retains the right to modify all forms generated by myTax at his or her own discretion.
3.9. In the event that the User and/or his/her household receive a tax return showing a result different from the result presented by the Digital Tax Assistant, the User must notify the Service Provider within two (2) months of the tax return being issued by the Administration if he/she wishes to use the Service Provider’s services to determine the origin of this difference and initiate a rectification procedure. The Service Provider may not be held liable if the User fails to comply with this two (2) month time limit.
3.10.It is the User’s duty to read all the recommendations made by myTax (introduction page, recommendations, tooltips, etc.) and to take the utmost care to answer correctly any questions asked when using the service.
Article 4. Obligations of the Service Provider
4.2.The Service Provider ensures that its Services are constantly updated by doing its utmost to offer the highest degree of relevance and reliability in its field.
4.3.As part of its collaboration with professional clients (employers, trustees, etc.), the User may benefit from the services of partners such as wealth advisors, tax specialists, merchants, etc. The Service Provider is not financially linked to these services and wishes to maintain its independence with regard to the advice offered.
4.4.The Service Provider also reserves the right to suspend access to its Website and/or Platform at any time for purposes such as maintenance and upgrades to the Services, hardware maintenance and upgrades, or content updates, within a period of time determined by the Service Provider in order to maintain optimum service.
4.5.The Service Provider may provide hypertext links that direct Users to websites published and managed by authorized third parties. The Service Provider has no control or supervision over these third parties. The Service Provider cannot be held responsible for the content and services made available on these sites, for problems of security or integrity of the User’s data, hardware and software, or for any consequences or damage that may result from the use of these third-party applications and/or sites.
Service Provider obligations specific to TaxWorld
4.6.The myTax service suggests to the User, by default, the method(s) of taxation that he/she and/or his/her household consider(s) to be the most favorable. If the User (or his household) wishes or should have been taxed in another way, the Service Provider can provide him with the desired form(s) no later than December 31st of the current tax year and, in any case, within a maximum period of two (2) months following the date on which the tax form was issued by the Direct Tax Administration.
4.7.In the event that the Service Provider does not take a particular situation into account, it undertakes to fill in the tax return (or annual statement) and/or its appendices at its own expense, and to provide human assistance to the User benefiting from access to the Platform. To do this, the User benefiting from the myTax service simply needs to contact the Service Provider.
4.8.The Service Provider owes the User an obligation of means. The Service Provider is in no way responsible for the manner in which the User uses the service provided.
4.9.To carry out its mission, the Service Provider implements :
–> A steering committee to validate any tax updates to myTax;
–> Regular tests to verify the accuracy of the results (tax calculations + forms) displayed by myTax.
4.10.In order to best assist the User, the Service Provider may make available (free of charge or for a fee depending on the service subscribed to by the User, his employer or his representative):
–> Assistance to answer any questions during the process;
–> A review service to help you remove any possible doubts about your process and/or check your process with you before sending your form(s) to the Direct Tax Authorities;
–> A tax follow-up service if the taxpayer receives a tax assessment that differs from the result presented by myTax. In this case, the taxpayer must notify the Service Provider no later than two (2) months after the tax form has been issued by the Direct Tax Authorities, if the taxpayer wishes to use the Service Provider’s services to determine the origin of this difference and initiate a rectification procedure. The Service Provider may in no case be required to provide the follow-up service if this two (2) month period is not respected by the User.
Article 5. Deletion of the User's Account
At the User’s initiative
5.1.The User may request the deletion of his/her Account or stop using the Website and/or Platform at any time. To delete his Account, the User must send a request by post to the Service Provider:
–> By post to 4 Rue Jean-Pierre Brasseur, L-1258 Luxembourg;
–> By email to gdpr@edonys.tech.
5.2.The Service Provider cannot guarantee the User tax review and follow-up services (specific to TaxWorld):
–> For any session deleted at the User’s request. In this case, please note that deleting a session is an irreversible process;
–> For all sessions if the User has requested deletion of his/her Account. In this case, it should be noted that the User will no longer have access to the Platform using this identifier. This operation is irreversible.
5.3.In all other cases, the User is informed that his or her data is kept and secured by the Service Provider for a period of five (5) years following the year of use (Y+5) in order to ensure that the User and the Service Provider can respond to any retroactive request for tax follow-up or tax audit from a competent authority when required or authorized by law.
5.4.Once the five (5)-year tax statute of limitations has expired, the User will be informed by the Service Provider that data exceeding the five (5)-year retention period will be deleted. This information will be sent to the User by e-mail thirty (30) days before the start of year Y+6, and the User will be able to download the expired information. After this period, the Service Provider will not be able to provide the tax follow-up service or answer any of the User’s tax questions.
At the Service Provider’s initiative
5.5.The Provider may at any time, without notice, immediately delete or suspend all or part of the User’s Account or access to the Website and/or Platform in the event of unexpected technical or security problems which, in particular, endanger the security of confidential information relating to the User. Such deletion or suspension shall be carried out by the Service Provider at its sole discretion and the Service Provider shall not be liable to any person for any damages that may result from such deletion or suspension.
Article 6. Confidentiality
6.1. The Service Provider undertakes to respect the strictest confidentiality of information relating to the User for the entire duration of the User’s account on the Website and/or Platform, including the potential period of data retention once the User’s Account has been deleted.
6.2. In particular, with respect to confidential information (the “Confidential Information“), as defined below, subject to Article 9 of these General Terms and Conditions, the Service Provider undertakes to:
–> Not to use them for any purpose other than the performance hereof or the performance of the Service Agreement signed between the Provider and the User’s employer/representative;
–> Not to communicate them to authorized intermediaries (legal service providers, financial advisors, etc.), in any way whatsoever, without the prior written consent of the User concerned;
–> Maintain confidentiality by applying provisions similar to those it usually uses to protect its own confidential information;
–> Ensure that any subcontractors (e.g. an IT service provider) with whom we work comply with the same constraints.
6.3. For the purposes hereof, Confidential Information shall mean all information of any nature whatsoever and in any form whatsoever which may be communicated by one of the Parties to the other, or which may come to the knowledge of either Party in the course of the performance hereof (including sessions of use), whether or not such information relates to its subject matter, and whether or not it is the property of the other Party.
6.4. Notwithstanding the above provisions, the Service Provider may access Confidential Information for the sole purpose of properly providing its services, namely:
–> For support and helpdesk purposes;
–> For purposes of maintenance, improvement or verification of the results (technical, fiscal, financial, legal) presented by the Platform to guarantee the reliability of the Services;
–> For the purposes of anonymized statistics and consolidated measurements.
6.5.The Service Provider may allow access to Confidential Information to authorized third parties, in particular to subcontractors offering IT services, provided that such access is essential for the implementation and/or maintenance of the Services offered by the Website and the Platform.
6.6. In all cases, the Service Provider undertakes to process and list access to Confidential Information in accordance with the provisions of the GDPR Regulation 2016/679 known as the General Data Protection Regulation, which constitutes the reference text for the protection of personal data within the European Union.
6.7. Confidential Information (non-anonymized personal data) may not be disclosed to unauthorized third parties for commercial purposes or for any use not authorized hereunder.
6.8. It is reminded that the secrecy of correspondence (private correspondence being defined as any message exclusively intended for one or more natural or legal persons, determined and individualized through an e-mail exchanged between two or more correspondents, from a messaging service) is not fully guaranteed on the Internet network and that it is the responsibility of each User of the Website and/or Platform to take all appropriate measures to protect his or her own data.
Article 7. Intellectual property rights
7.1. The Service Provider and/or its authors are the owners of the Website and Platform (presentation and content, including but not limited to the Website and Platform source code, fixed or automatically generated pages, photos, drawings, illustrations, sounds, videos, names, trademarks, logos, databases, software, algorithms, etc.).
7.2. All of these elements are protected by Luxembourg intellectual property law, with the exception of any rights that third parties may have over some of these elements.
7.3. Subject expressly to the relevant legal provisions and/or the prior written authorization of the Service Provider, any copy, representation, broadcast or rebroadcast, modification in whole or in part, sale, resale, retransmission or making available to third parties, in whole or in part, of the content of the Website and/or Platform on any medium or by any process whatsoever shall constitute an infringement liable to incur the civil and criminal liability of the infringer.
7.4. Any content reproduced and/or distributed by virtue of a legal provision or the prior written authorization of the Service Provider must include all copyright notices, other captions and trademark information appearing on the original, as well as the source, citing the Internet address (URL) of the page and the mention “© Edonys”.
Article 8. Personal data
8.1. Where the Service Provider is responsible for processing personal data, it may collect personal data directly from the User (i.e. any information of any kind, including fiscal information, relating to an identified or identifiable natural person). This data is recorded in the information systems of the Service Provider and/or its subcontractors.
8.2. Electronic data in the form of files may also be collected and/or deposited on the User’s computer system for the purposes of managing the User’s connection and browsing on the Website and/or Platform. The User may refuse the use of these files (also known as “Cookies“) by configuring his/her Internet browser. For further information, please consult the Provider’s Cookie Policy applicable at the same level as these Terms.
8.3. Adherence to these Conditions implies the User’s express consent to the processing of personal data concerning him/her as described in this article and in the Service Provider’s Data Protection Policy, some of this data being mandatory for the processing of the User’s requests.
8.4. The data collected may be used to analyze the User’s tax, financial and/or asset situation.
8.5. The personal data collected may only be communicated by the Service Provider to authorized third parties to the extent strictly necessary for the proper operation of the Services.
8.6. The User concerned by such processing has the right to access, rectify and delete personal data concerning him or her, as well as the right to request that inaccurate, incomplete or out-of-date data be rectified, updated or deleted, and to object, subject to justification of a legitimate reason, to personal data concerning him or her being processed.
8.7. However, such opposition may make it impossible for the Service Provider to provide the services described herein. These rights may be exercised by contacting the data controller:
–> By post to 4 Rue Jean-Pierre Brasseur, L-1258 Luxembourg;
–> Or by email to gdpr@edonys.tech.
8.8. The Provider ensures the protection of the User’s personal data in compliance with Luxembourg and European legal and regulatory requirements and refers to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data in force since 25 May 2018. The Provider also refers to the amended law of May 30, 2005 on specific provisions for the protection of individuals with regard to the processing of personal data in the electronic communications sector as amended by the law of July 7, 2007.
8.9. The Service Provider requires the User to read carefully and completely and to fully understand the terms of its Data Protection Policy.
8.10. In accordance with Regulation (EU) N°2016/679, the Service Provider undertakes to notify the Commission Nationale pour la Protection des Données of the Grand Duchy of Luxembourg of the breach within 72 hours of becoming aware of a breach of security and confidentiality of personal data and further undertakes to inform the impacted User provided that the incident observed is likely to adversely affect the level of protection of his/her privacy and data.
Article 9. Data protection
9.1. The Service Provider takes all precautions appropriate to the current state of technology and the nature of the data processed and stored in order to preserve the security and integrity of such data and, in particular, to prevent it from being altered, lost or accessed by unauthorized third parties.
9.2. The Service Provider or its subcontractors store all data on secure databases that are backed up regularly and meet the strictest standards imposed for the confidentiality and integrity of tax data.
9.3. The Service Provider may use third-party subcontractors located inside and outside the European Union (e.g. an IT service provider for cybersecurity certification of the Platform). These service providers guarantee limited and verified access to personal and/or confidential data, by authorized persons only. The server of these partners may be located outside the European Union, as long as data security is maintained.
Article 10. Responsibilities
10.1. When, for reasons of business development, the Service Provider gives access to the Platform, without any billing or subscription and for a period of time defined in advance, to employees of a prospect, the latter have the status of “Test User“. They have access to a User Account that they create, and thus benefit from the same access as a paying User or a subscriber through their company. In their capacity as Tester Users, their personal data is protected in accordance with the GDPR.
10.2. As this is a test area, the Service Provider accepts no responsibility other than that of ensuring the confidentiality and security of the Test User’s data. Test Users’ data is destroyed at the end of the test period, unless they become subscribed Users through their company or subscribers through direct affiliation (by themselves), or in the event of a specific request from the company (with the agreement of its employees).
10.3. The Services of which the Website and/or Platform is/are a means intended to assist the User in his interactions with various organizations and/or service providers. It is in no way intended to replace the User’s assessment or judgment.
10.4. The Website and/or Platform are accessible in principle 7 days a week and 24 hours a day, except in cases of force majeure, difficulties linked to the structure of the telecommunications network, updates or technical difficulties.
10.5. Likewise, the Service Provider does not guarantee the quality of communication links with the User and cannot be held responsible for failures or malfunctions in the communication networks used.
10.6. The Service Provider is under an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts. Under no circumstances may the Service Provider be held liable for any consequences of any nature whatsoever relating to any documents generated by the Website, its Platform and/or any of its functionalities, on the basis of information transmitted by the User.
10.7. The functionalities offered by the Website, by the Platform, and the documents generated by this means, comply with Luxembourg and European legislation applicable in the course of time.
10.8. Under no circumstances may the Service Provider be held liable for any damage suffered by the User – or by persons to whom the User has voluntarily or involuntarily allowed access to the Services including the Website and/or the platform – due to an event beyond the exclusive control of the Service Provider, and in particular for damage arising from:
–> The authenticity, accuracy or relevance of information transmitted to the Service Provider by the User;
–> Inappropriate use, whether faulty or not, of the Website and/or Platform by the User;
–> A malfunction of the hardware and/or software used by the User to access the Website and/or the Platform caused – among other things – by a virus, a security vulnerability, spyware, a rootkit, a server problem … and this, regardless of the person or computer system that suffers said damage;
–> Suspension or disruption of access to the Website and/or the Platform resulting from the action of a third party and/or a case of force majeure including, in particular, labor disputes (strike, lock-out, etc.) within the Service Provider or any subcontractor involved in the perfect availability of the Website and/or the Platform;
–> The temporary impossibility of consulting the sources of information accessible from the Website and/or Platform via links to other sites.
10.9. The Service Provider shall not be liable to such persons for any direct or indirect damage caused by the Services, including the Website and/or the Platform.
10.10. In addition, the Service Provider cannot be held liable in the event of:
–> Fault, negligence, omission, non-use of the Services or default by the user;
–> Incorrect data entry or fraudulent use of the Services;
–> Force majeure, events or incidents beyond the control of the Service Provider such as strikes, social unrest, public calamities, fires, epidemics, pandemics, etc.;
–> Fault, negligence or omission of a third party or intermediary (subcontractor of various services: brokers, consultants, etc.) over whom the Service Provider has no power of control or supervision.
10.11. It is the User’s duty to read all the recommendations made by the Service Provider (introductory explanations, recommendations, tooltips, etc.). In case of doubt about any interpretation made by the software, the User must contact the Service Provider’s assistance.
Service Provider obligations specific to TaxWorld
10.12. Since the aim of the Services is to provide the User with the best possible support in his tax affairs, the myTax tax report enables him to obtain the most accurate possible view of his tax rights and obligations. In this context, the myTax Digital Tax Assistant will suggest, by default, the taxation(s) that appear(s) to be the most favorable and the associated form(s). However, the User may at any time ask the Service Provider for the desired form(s) and/or may modify them at his or her own discretion.
10.13. The Service Provider wishes to inform the User that the Administration des Contributions Directes declines all responsibility for the functioning of the forms and the instructions and information they contain.
10.14. The Service Provider declines all responsibility in the event of omission (voluntary or involuntary) of income and/or expenses not declared by the User, as well as any non-real entry with the aim of reducing his tax burden (or that of his household).
10.15. The Service Provider cannot be held responsible for the choice of taxation made by the User (or his household) or for the consequences of this choice, nor for the non-acceptance by the Administration des Contributions Directes of another choice of taxation which is no longer accepted because the legal deadline has been exceeded.
10.16. The Service Provider is also not liable in the event of failure to provide information that could have altered the calculations, the completion of the forms and/or the suggestion made by myTax. The Service Provider also points out that the tax authorities retain the power to interpret tax returns (or annual statements) submitted to them. As a result, the Service Provider cannot be held liable in the event of a different interpretation or the adoption of a new case law/interpretation by the Direct Tax Authorities, which would lead to a different result from the one expected. This implies that the tax report, calculations and forms contained therein are subject to acceptance by the Administration des Contributions Directes.
10.17. In the event that the User requests the tax follow-up service (within the allotted time – see article 4) and provides proof that he has made every effort to rectify the situation, the Service Provider may in no case be held responsible for the non-acceptance of the said rectification by the Administration des Contributions Directes.
10.18. In the event that the Service Provider, after having received acceptance from a User or his employer/representative for the invoicing of the monitoring service, does not fulfill his obligation to perform this monitoring service, the Service Provider undertakes to compensate the User. This compensation will in any event be capped at the lower of the two amounts below:
–> The financial loss incurred by the User between the amount indicated on the tax form initially issued and the new form that should have been issued following the rectification);
–> The Service Provider’s liability insurance coverage.
User obligations specific to PayWorld
10.19. The remuneration simulator suggests to the User a simulation result (net income + employer cost + value of remuneration package) that is as accurate as possible. As this result is linked to various legislations and involves a potential estimate of foreign tax charges, the Service Provider can in no way be held responsible for any error, whether caused by the calculation, by manipulation on the part of the User or by any other situation.
10.20. The Service Provider is also not liable in the event that the User fails to provide information that could have altered the calculations and/or the suggestion made by the simulator.
Article 11. Guaranteed compensation
The User shall indemnify and hold harmless the Service Provider, its representatives, employees and partners from and against any loss, damage, expense, cost, action, claim, suit, dispute, obligation, demand and liability which may be brought by any third party for (i) any use by the User of the Services including the Website and/or the Platform, as well as (ii) any breach by the User of these Terms and Conditions.
Article 12. Contact the User
The Service Provider may contact the User via the Website, the Platform, by e-mail and/or by telephone whenever this is necessary for the proper operation of the Website and/or the Platform, as well as whenever the Service Provider needs to establish contact with the User, for any reason whatsoever, insofar as its obligations under these Conditions so require.
Article 13. Proof agreement
13.1. In order to record registration and acceptance of these Terms and Conditions and future amendments, the Service Provider and its subcontractors have a computer system which stores this information (identification of persons, principle of acceptance, etc.) in a computer database.
13.2. The User acknowledges that all data communicated by the User (or members of the User’s household dependent on the User) and stored by the Service Provider and its subcontractors shall have evidential value and shall be deemed authentic in the User’s relations with the Service Provider and its subcontractors.
Article 14. Modification of the Terms of Use
14.1.The relationship between the User and the Service Provider is always governed by the latest Terms in force on the day the User uses the Services including the Website and/or the Platform.
14.2.The Service Provider reserves the right to modify these Terms at any time and to impose new or additional Terms concerning the use of the Services. In the event of modification of the present Terms, the User will be notified of the update. However, the User may terminate his or her Account by e-mail with acknowledgement of receipt within one (1) month of notification of the modification to the Terms. If the User does not exercise this right of termination within this period, he/she shall be deemed to have accepted the modified Terms and Conditions. The User accepts that the Service Provider shall not be liable to the User or any third party in respect of any changes to the Terms or the termination of the Services.
Article 15. Invalidity of clause
The invalidity of any clause of these Terms and Conditions of Use shall not affect the validity of the other clauses.
Article 16. Applicable law and jurisdiction
These General Terms and Conditions of Use are governed by Luxembourg law. Any dispute concerning them is subject to the exclusive jurisdiction of the Luxembourg courts of and in Luxembourg City.
