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Version from 14 March 2013
This document (“Settlement of Disputes”) is an Ancillary Policy to the Terms and Conditions for the WENGO community service and forms an integral part of the said Terms and Conditions. The purpose of this document is to inform Members of the rules applicable to settle disputes that may arise between WENGO Members.
According to the provisions of the Terms and Conditions, the Registration of Members on WENGO requires acceptance of the Settlement of Disputes, as well as of the Terms and Conditions and the other Ancillary Policies.
In case of contradiction between any of the terms of the Settlement of Disputes and of the Terms and Conditions, the terms herein shall prevail.
Any Member who feels aggrieved can at any time report a dispute to WENGO via the webmail service “Litigation Manager” available in the “Support” area of his Personal Account whenever he feels that he has been wrongfully treated during a Transaction entered into on WENGO.
This Litigation Manager consists of a dialogue via webmail between the two Members involved in the disputed transaction. The Members are informed by e-mail and in their Personal Account of any new messages brought to the dialogue.
Members commit to communicate in good faith and in a fair and honest manner. The Member therefore agrees not to harass, threaten or insult his interlocutor.
The Member who initiated the dialogue has the option to terminate it at any time.
The Provider, engaged in a dispute resolution proceeding, has the right to compensate the User at his own discretion and up to the total amount invoiced to the User under the Transaction using the voucher transmission module available in the Litigation Manager. Any use of the voucher by the User implies a waiver of the dispute.
2.1 Members who have not managed to settle a dispute independently may report it to WENGO through the Customer Service.
WENGO will attempt to lead the Members to an amicable resolution of the dispute within six (6) months from the completion of the Transaction.
The Members shall undertake to disclose to MyBestPro SAS all information that MyBestPro SAS shall deem necessary for the purposes of resolving their dispute. It is understood that, in its capacity as online broker as defined in article I.3 of the Terms and Conditions. MyBestPro SAS does not, under any circumstances, guarantee the Members that the Settlement of Disputes Policy will end in a clear outcome.
2.2 Members shall undertake not to report disputes either groundlessly or in bad faith. Failing this, Members are liable to have their Registration suspended or removed and without prior notice from MyBestPro SAS, in accordance with article. I.10 of the Terms and Conditions.
2.3 In the event of a dispute over the payment of the Price of the Transaction, the Member can only report a dispute to MyBestPro SAS once the Transaction Payment has been paid into the trustee account.
The Provider assumes all risks inherent to any Transaction in the event of non-payment of the Transaction. The Provider therefore acknowledges that MyBestPro SAS cannot contest a request for repayment of the Transaction Payment from the User’s bank when such a Price has been paid fraudulently. The Provider accepts that this decision is irrevocable.
2.4 In the event that proceedings to settle the dispute fail, it is the Member's responsability to introduce a claim before a court which has jurisdiction to solve the dispute.