 From February 2nd, 2022 to June 30, 2022, Lydia is offering users with a Lydia Noir subscription 1% cashback on all cryptocurrency buy trades of at least €10.With a limit of €50 per month and €150 per user for the duration of the operation. To benefit from it, simply: ✔ Have a Lydia Black subscription. ✔ Have activated investing on Lydia ✔ Make a buy trade of a cryptocurrency of at least 10€ with Lydia ✔ You will then receive a notification in the app and instant cashback payout |
First and foremost, Lydia Solutions and Bitpanda GmbH wish to inform Participants that the investment products on the Lydia App allow them to invest in equity derivatives and ETFs, cryptocurrencies and precious metals and that these products present a risk of full or partial capital loss. Equity derivatives and ETFs consist of financial contracts that replicate an underlying stock or ETF; they are not tradable on exchanges or other trading platforms but can be resold at any time to Bitpanda according to the Terms and Conditions. More information about equity derivatives, ETFs and cryptocurrencies, their issuers and their risks in the Prospectus on Bitpanda.com. The information provided in this advertising material is for informational purposes only and does not constitute advice, a recommendation or a solicitation to enter into any transaction. |
1. ORGANIZATION OF THE OFFER
Lydia Solutions (hereinafter referred to as "Lydia"), a simplified joint stock company with a capital of 1,590,731 euros, having its registered office at 14 Avenue de l'Opéra, 75001 Paris, registered with the Paris Trade and Companies Register under number 534 479 589, registered with the French Autorité de Contrôle Prudentiel et de Résolution under number 62677 and mandated by OKALI as Payment Service Provider Agent and,
Bitpanda GmbH, issuer of the investment products on the Lydia App (E2020-006, FN423018k) distributed by Bitpanda Financial Services (FN551181k) as a digital asset service provider and investment firm registered with the Financial Market Authority Austria, registered with the Financial Market Authority and Bitpanda Metals GmbH (FN511923d) as a miscellaneous goods intermediary (precious metals) and distributor of atypical investments ; together located at Campus 2 Jakov-Lind-Straße 2, 1020 Vienna, Austria (hereinafter together referred to as "Bitpanda")
Hereinafter referred to together as the "Organizers".
Organize from, February 2, 2022 (09:00 a.m.) and until June 31, 2022 (11:59 p.m.) a promotional Cashback offer entitled "1% Cashback on your cryptocurrency purchase orders for Lydia Noir users" allowing, under conditions, any Participant, holder of a Lydia Noir subscription and user of the Bitpanda x Lydia trading service to benefit from a 1% cashback (within the limits explained below) on the amount of their digital asset purchase transactions - crypto-currencies - offered for purchase on the Lydia application for individuals by Bitpanda. The cashback amount is expressly limited to the refund of 50 euros (€) monthly and 150 euros (€) annually per eligible user.
The rules for participation in this Offer (hereinafter referred to as the "Offer") are set out below:
2. CONDITIONS OF PARTICIPATION IN THE OFFER
These rules govern the legal relationship between the Participants to the Offer, who are natural persons of legal age (over 18 years old), consumers as defined in the preliminary Article of the French Consumer Code, Lydia's customers, holders of a Lydia Noir subscription in their personal name at the date of the digital asset purchase transaction and users of the trading Service issued and distributed by Bitpanda, under a white label solution (hereinafter referred to as the "Service"), and developed by Lydia in its Lydia application for Consumers (hereinafter referred to as the "Application") ; Lydia acting as a mere technical service provider for the delivery of the Service to such Users.
In order to participate in the Offer, Participants are required to have obtained Lydia's Verified User status, i.e. to have completed the entire identity verification procedure for their Lydia for Consumers payment account in the Application (the "Know your Customer" identity verification process, validated by Lydia). This procedure is also mandatory in order for Users to benefit from a personal BitPanda digital asset portfolio.
Participants are also required to have an annual Lydia Black subscription before their participation in the Offer is considered by the Organizer. It is necessary to have irrevocably and unreservedly accepted in the registration process within the Lydia application, Lydia Terms and Conditions of Use for Consumers and the latest Terms and Conditions of Lydia Plans. Lydia reminds that Lydia Noir is an annual subscription offer to a payment account and related services, distributed by the Partner on its Lydia application for Consumers.
Participants must also have irrevocably and unreservedly accepted these Rules (1% Cashback policy for Lydia Black Users), the latest Terms and Conditions of the Bitpanda x Lydia trading service and the regulatory documents of the financial assets purchased or sold by Bitpanda via the App (including the Bitpanda Prospectus).
The Organizers inform Users that only Participants whose primary country of residence is France may invest in digital assets - cryptocurrencies - via the Lydia App and are therefore eligible to participate in the Offer.
Furthermore, the following are expressly excluded from the Offer and declared ineligible by the Organizers:
- Transactions for the purchase of digital assets with a total amount, including spread, of less than 10 euros (€) i.e. a minimum Cashback amount of 0.10 euros (€) ;
- Transactions for the sale of digital assets carried out on the Application;
- Purchase transactions and payment transactions made through other financial services and payment or banking service providers (such as Paypal, Curve, Revolut, N26) and other identical or similar services according to a reasonable person;
- Purchase transactions and payment transactions that are not completed, unsuccessful, declined, abandoned, canceled, stopped by chance and/or refunded by the payee;
- Purchase transactions and payment operations carried out in violation of the latest Lydia Terms and Conditions of Use for Consumers, Terms and Conditions of Lydia Plans, Bitpanda x Lydia Trading Service Terms and Conditions and these Rules.
The Organizers remind that the amount of Cashback is expressly limited per eligible User to 50 euros (€) per month and a total of 150 euros (€) per year.
3. PERIOD OF AVAILABILITY OF THE OFFER AND CASHBACK TERMS
The Offer starts on February 2, 2022 at 09:00 a.m. (Paris time) and ends on, June 31, 2022 at 11:59 p.m. (hereinafter the "Offer Availability Period").
After completing a transaction to purchase a digital asset (cryptocurrency) eligible for the Offer, the Participant will receive a confirmation notification of the successful completion of the transaction and then a notification of his eligibility for the Offer in the Lydia Application.
A 1% of the total amount of the purchase offer (hereinafter referred to as the "Win"), within the limit of 150 euros annual refund, will then be automatically credited back to the Participant's personal Lydia account by the Organizers via the cashback system developed internally by Lydia, following the completion of an eligible transaction. This will be done automatically by Lydia upon completion of the eligible transaction and the Participant will be informed by means of a notification in the Application.
Participants will be selected by an internal process of the Organizers and will have no rights or claims against the Organizers with respect to that process or its outcome. Participants are not required to claim cashback in a separate process.
Participants acknowledge and agree that only Participants who have not been disqualified by the Organizers for any reason will be eligible to benefit from the Offer and to receive funds in their Lydia payment account equal to 1% of the amount of their eligible transactions.
4. RESPONSIBILITIES OF PARTICIPANTS
Participants eligible for the Offer agree to provide, upon request, the Organizers with all information necessary to verify their identity and transactions. Participants attest to the truthfulness of all information they provide to the Organizers and authorize all legal verifications regarding the information provided. Participants acknowledge and agree that the Organizers are not responsible for the accuracy of the data provided by them.
Any information that is incomplete, false, erroneous, illegible, inaccurate and/or does not correspond to what was declared when registering for the Bitpanda x Lydia trading service and this, for the entire duration of the Offer, will result in the nullity of the participation; the Participant will not be able to take advantage of his participation in the Offer and will therefore lose the benefit of his reimbursement. The Organizers reserve the right, in such a case, not to award the refund or to withdraw it from any person suspected of having committed one or more fraudulent acts during participation in the Offer or during use of the trading service.
Participants also acknowledge and agree that the Organizers are not responsible for any direct or indirect damages or losses that Participants may incur as a result of their participation in the Offer and that no rights or claims against the Organizers shall arise therefrom, except as otherwise provided by public policy.
5. RESPONSIBILITIES OF THE ORGANIZERS
The Organizers shall not be held liable if, in the event of the occurrence of an event constituting a case of force majeure as defined by Article 1218 of the Civil Code and by the case law of the French Cour de cassation, the Offer should be modified, suspended, shortened, terminated or cancelled.
The Organizers also reserve the right to extend the period of participation in the Offer and to postpone its end. The Organizers may also modify or terminate the terms and conditions of the Offer if it appears that fraud or attempted fraud, proven or suspected, through the use of artificial, fraudulent or criminal means or procedures, has occurred, in any form and at any time, in connection with participation in the Offer.
The Organizers reserve the right, in such a case, not to award the Winnings offered or to withdraw them from any person suspected of having carried out one or more fraudulent acts during participation in the Offer or during the use of the trading service. The Organizers remind that any operation carried out in violation of the Terms and Conditions of the Bitpanda x Lydia trading service is expressly excluded from the Offer.
The Organizers shall not be liable if, as a result of attempted or actual fraud, or the use of artificial, fraudulent or criminal means, the running of the Offer and the benefit of the Cashback should be cancelled, postponed or modified, or the duration of the Offer shortened.
Neither Bitpanda nor any of its affiliates shall be held liable nor does the Participant have a legal claim against Bitpanda or any of its affiliates, in case of termination, suspension or pause of the Offer or in case prices or a Win are not forwarded at all, forwarded delayed or not forwarded in the correct amount to the Participant.
6. DEPOSIT OF THE RULES
These Rules will be accessible during the period of availability of the Offer on the Lydia App and on the Lydia website at the following URL:
https://support.lydia-app.com/l/fr/category/f63fvf9b2m-les-regles.
These Rules may be amended at any time by the Organizers and will be published in their amended form at the location indicated above. The Rules amended shall be effective upon posting. They will be deemed accepted by the Participants to the Offer, as soon as the Users carry out an eligible transaction, after the amended Rules have been made available online.
7. DATA PROTECTION
The Organizers collect and process the personal data of the Participants for the execution of the contract and the delivery of the Service in accordance with Article 6 section 1 Letter A of the General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter referred to as the "GDPR") and to the extent strictly necessary for the implementation and processing of the participation in the Offer.
Participants can obtain more information about their personal data, how, why and for how long it is processed and what their rights are under the GDPR by consulting the Lydia Personal Data Protection Policy, available at any time here.
8. CONTACT
If you have any questions about these Rules and the operation of this Offer, you may contact Lydia's Support Department by email and regular mail at the following addresses Lydia Solutions, 14 avenue de l'Opéra 75001 Paris and Support@lydia-app.com .
9. APPLICABLE LAW, CLAIMS, JURISDICTION
The Rules are subject to French law.
Only the French version of the Rules is authentic.
For any claim, participants in the Offer may send a letter or an e-mail to the contact details set out above in Article 8 of the Rules.
Unless otherwise provided by public policy, the Paris court of law will have jurisdiction to deal with any dispute arising between the Participants and the Organizers and relating to the execution, interpretation and termination of this Offer and not amicably resolved within three months of its occurrence.