Businesses

1. Two business statuses

This part applies to businesses. Depending on whether it is a KiftMe partner or not, a business falls under one of the two following statuses.

Partner business (Single Mode)

The business has a KiftMe professional account, verifies its identity (KYB) with Stripe, publishes a catalogue and collects payment via Stripe. It is a party to these Terms and undertakes to honour Kifts.

The business may publish its catalogue before completing its verification. However, it cannot receive paid Kifts until its Stripe payout account is fully verified (payouts enabled) and at least one active point-of-sale terminal is in place. Until these conditions are met, no Kift can be created or redeemed with this business.

Named, non-partner business (self-service)

The business is simply named by a Kifter, with no account or steps taken. It is not a party to these Terms, consents to nothing and receives no payment from KiftMe. It may become a partner later, with no retroactive effect on Kifts already created.

This part creates no obligation for a non-partner business.

2. Business obligations

• Honour each valid Kift by actually providing the service or product concerned.
• Verify its identity and that of its company (KYB) with Stripe in order to collect payment.
• Provide accurate information (identity, contact details, catalogue) and keep it up to date.
• Publish a refund policy, which is mandatory before the page goes live.
• Accept that the recipient pays the top-up via KiftMe.
• Not encourage payment outside the platform, issue a complaisance document, or organise a refund intended to circumvent commissions.
• Comply with the regulations applicable to its activity (consumer law, health and safety, taxation, etc.).

The business acknowledges that KiftMe is only an intermediary and that the service is provided under its sole responsibility.

3. Catalogue and content

• The business is responsible for the accuracy of its catalogue: services, products, prices, availability and descriptions.
• It warrants that it holds the rights to the content it publishes (name, logo, photos, descriptions) and grants KiftMe a non-exclusive licence to use this content for the purposes of the service (display and promotion of the business on the platform), for the duration of the relationship. This licence ends when the relationship ends, subject to backups and legal archiving.
• AI-assistance tools (catalogue structuring and import) are an aid, with no guarantee of accuracy; the business must check and validate the result before publication.
• KiftMe may refuse, limit, quarantine or remove any unlawful, misleading, dangerous content or content contrary to these Terms.

4. Point of sale (POS)

Where the business uses the KiftMe point of sale (terminal and contactless or QR payment), the following rules apply.

• The business enrols and approves its devices; operator access is via individual credentials.
• The point of sale may only be used at the authorised establishment: the device’s location is verified, and a device used outside its zone may be frozen automatically.
• The business, as employer, informs its operators of this device geolocation (see the “Point of Sale” Privacy Policy).
• The business is responsible for the use of the point of sale by its operators.

5. Payouts, debt and ceiling

• The business is paid only after confirmed consumption, in accordance with KiftMe’s procedures; a payout delay may apply.
• The business can only receive paid Kifts if its Stripe payout account is active. If a previously active account becomes restricted after a consumption, the funds due are held via Stripe and paid out as soon as the account is brought back into good standing; they are not refunded solely because of that restriction.
• Amounts attributable to the business (commission, processing fees, dispute fees, refunds it must bear) constitute a debt, recovered from its subsequent payouts.
• Beyond a certain debt ceiling, the business’s activity may be suspended until it is settled, which it can do via KiftMe.
• A refund due to a consumer is always carried out, regardless of the business’s debt.

6. Sanctions and exclusion

In the event of a breach, KiftMe may apply the measures provided in the “Fraud and sanctions” part, and in particular:

• Suspend the public page, the services or the activity of the business.
• Subject the business’s refunds to prior validation.
• Permanently exclude the business (offboarding) and terminate its account.

The following in particular are sanctioned: delivering a service different from the one provided by the Kift, issuing a complaisance document, encouraging payment outside the platform, or any fraudulent arrangement. Such breaches may lead to permanent exclusion and a report to the authorities.