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Contract Agreement - Club Terms and Conditions

Club Terms and Conditions
and Privacy Policy
August 2024

These General Terms and Conditions of Access to and Use of the Club apply to all content on the eca-n.com website, to the relationships between members and the Club, and between members themselves; Special Terms and Conditions may also apply to certain products or services and are set out in their presentation on our website.

You are advised to read carefully all the information on the eca-n.com website and these General Terms and Conditions, including any information referred to, particularly the agreements made between the Club and third parties, before accepting them. For any clarification regarding the General Terms and our products and services, you can contact us by email or phone using the contact details provided below in Article 1.

These General Terms of Access and Use of the Club regulate the relationship between you and Excellence Club Ambassadors and constitute an agreement between you and the various legal entities of the group concerning the access and use of the products and services on the eca-n.com website.

ARTICLE 1: Identity and contact details of the Club operator

Excellence Club Ambassadors is a private business club organised worldwide by a pool of companies:

Ultimate Affiliate Program Ltd
20-22 Wenlock Road, N1 7GU London, United Kingdom
Company number: 11617914
Ultimate Affiliate Program Ltd
Yavorov Housing Estate, building 73, fl. 1, apt. 1, 1111 Sofia, Bulgaria
Company number: 207682477
Ultimate Affiliate Program Ltd
Oceanic House, Providence Estate, PO Box No.6038, Mahé, Republic of Seychelles
Company number: 189115
Ultimate Credit – Ultimate Affiliate Program Ltd
Piotrkowska 116/52, 90-006 Łódź, Poland
KRS: 0001050468 / NIP: 7252334000 / REGON: 525982206
UAP Corporate PLC
33 Cavendish Square, 14th Floor, W1G 0PW London, United Kingdom
Company number: 15623748

Email: contact@eca-n.com
Telephone: +33 972 103 102

ARTICLE 2: Main features of Club membership

Membership of the private business club “EXCELLENCE CLUB AMBASSADORS” allows you to receive commercial offers, benefit from professional networking, online advertising, and information on financial management, web marketing, and blockchain technologies, as well as access specialised online conferences, our conventions, and international seminars.
Club members may be individuals or companies; they must respect the rules of ethics, probity and mutual respect.
Membership is conditional on payment of an annual fee of €200.

❖ Payment of this fee entitles you to:

– A ‘member’s area’ with an internal wallet in euros, secured by a regulated and licensed body, the balance of which is freely transferable to any external account held by the member
– An exclusive monthly email Newsletter
– A library of articles on blockchain technologies and promotional offers
– Discounts or rebates from our commercial partners
– Additional commercial proposals or offers that may be sent to you directly by any of the companies in the UAP group

❖ Other rights to benefits and premium services are available under certain conditions:

– Your company listed on the home page
– Access to the annual business convention
– Premium bank account
– Your product or service listed on the shop
– Discount coupons on our advisory and management services
– Your editorial article published on the blog
– Access to specialist conferences
– Access to the annual seminar

ARTICLE 3: Availability of products and services

❖ The limited number of products and services available for purchase is listed on our website with the label ‘in stock’. To best meet the expectations of our members, the availability of our products and services is regularly updated on our website.

❖ If you have ordered a product or service that becomes unavailable after your order has been confirmed, you will be immediately informed. We will proceed with the cancellation of your payment. If the amount has already been debited, you will be immediately refunded.

ARTICLE 4: Methods of paying subscriptions, deposits and purchases

❖ Several payment methods are accepted. As a member, you can use:
– Crypto-currencies
– Bank transfer
– Payeer
– Balance of your internal wallet

❖ All payments are subject to compliance and anti-money laundering checks by our compliance department and may be refused if they do not meet AML requirements.

ARTICLE 5: Membership

❖ You can only join via our website eca-n.com.
To join and obtain an “individual member account” or a “company member account”:

– Select Club membership and add it to your basket.
– Confirm the contents of your basket by clicking on “Proceed to payment”.
– Choose whether you are joining as an individual (private individual not acting in a professional capacity) or as a registered company (legal entity, professional with commercial accounts, etc.)
* You must be of legal age to be a member of the Club.
* Joint ownership of individual member accounts is not permitted.
* In the case of a company member account, all beneficial owners holding 20% or more of the company shares must be designated and identified as joint account holders.

– If you already have a member account on our site, please log in.
– If you don’t have an account, please create one. Likewise, suppose you are already an individual member.
In that case, you can also have your company or corporation join, allowing it to have its own independent and separate member account and vice versa.
– As ECA-N is a private business club, please indicate the Club member who is inviting you to join us.
– Download the required identification documents.
– Choose your payment method and tick the box “I have read and agree to the website terms and conditions”.
– Click on “Place order” for validation.
– You will receive an e-mail confirming your membership application.
– Check the information provided.
Correct any errors by contacting us at contact@eca-n.com or +33 972 103 102
before making your payment.
– Pay your membership fee, including charges if you use a bank transfer.
– Your membership will only be validated once the full amount has been received.

CAUTION For reasons of safety, liability and compliance:
The NAME of the bank account holder making the subscription transfer must be IDENTICAL to that of the MEMBER (individual or entity) specified when creating your member account and verified by the uploaded documents.

ARTICLE 6: Orders for products and services

❖ You can only purchase products and services via our website eca-n.com after the validation of your membership. To place an order for products or services on our website:

– If you already have a member account on our site, please check that you are logged in. If not, please log in.
– If you do not have one, please create one by following the procedure indicated in Article 5.
– Choose the product(s) and service(s) you wish to purchase and add them to your basket.
– Confirm the contents of your basket by clicking on “Proceed to payment”.
– Choose your payment method and tick the box “I have read and agree to the website terms and conditions”.
– Click on “Place order” for validation.
– You will receive an e-mail confirming your order.
– Check the details and total amount of your purchase.
Correct any errors by contacting us at contact@eca-n.com or +33 972 103 102
before making your payment.
– Make your payment, not forgetting the charges if you use a bank transfer.
– Your order will only be validated once the full amount has been received.

CAUTION For reasons of safety, liability and compliance:
The NAME of the bank account holder issuing the transfer must be IDENTICAL to that of the MEMBER (individual or entity) specified when creating your member account and verified by the uploaded documents.

ARTICLE 7: Complaints and Liability

All complaints should be sent by e-mail to contact@eca-n.com or by telephone at +33 972 103 102.

❖ You are responsible to the legal entities of the Club, as indicated in Article 1, and to any third party, for any compensation related to fees, fines, charges, or refunds that may be imposed on the Club due to your use of the products and services or your failure to comply with these terms and the instructions provided systematically or otherwise by the Club, regarding the use of the services.

❖ The Club is not regulated by any regulatory authority in the United Kingdom or the European Union.

❖ While we make every effort to accurately represent all products and services presented on this website and their income potential, it should be noted that earnings and income statements made by eca-n.com, its advertisers, and sponsors are only estimates of what we believe is possible to earn. There is no guarantee that you will achieve these income levels, and you accept the risk that earnings and income statements may vary from one individual to another.

❖ As with any operation, your results may vary and will be based on your individual capabilities, experience and expertise. There is no guarantee as to the level of success you may achieve. Testimonials are not intended to represent or guarantee that anyone will achieve the same or similar results.

❖ There is no guarantee that past earnings examples can be replicated in the future. We cannot guarantee your future results and/or success. There are unknown risks in the business world and on the Internet that we cannot foresee and that could reduce the results you achieve. We are not responsible for your actions. The use of our information, products, and services must be based on your own due diligence, and you agree that eca-n.com, the advertisers, and the sponsors of this website are not responsible for the success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this website.

❖ In the event of a third-party claim against the Club for compensation or indemnification for any reason attributable to your breach of obligations arising from these Terms and Conditions, user instructions, or applicable laws, you agree to intervene in any judicial or administrative proceedings on behalf of the Club. This includes assuming full liability by acting as a procedural guarantor to the extent permitted by law. You must also indemnify the Club, both financially and morally, for any damage suffered, including potential legal fees and attorney’s fees.

❖ The Club shall not be liable for any damages of any kind resulting from the use or inability to use the account, any third-party application included on a provided device, its content, or functionality. This includes, without limitation, damages related to errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, connection failures, network charges, in-app purchases, and all other direct, indirect, special, incidental, exemplary, or consequential damages, even if the Club has been advised of the possibility of such damages. The above limitations, exclusions, and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails in its essential purpose.

❖ The Club is entitled to debit the payment account associated with your account and collect any amount you owe. This amount will be deducted from the available balance on the date it becomes due. If the available balance is insufficient to cover this amount, the account of the respective user will be immediately debited with the amount due, which will be paid to the Club as a priority over any other payment or debit order as soon as a balance is available.

❖ We will communicate with you in English and/or French at the email address you provided when registering your account with the Club. The official languages of our communication and services are English and French. You must understand and communicate in English and/or French when using your account, including providing information and documents in English or translated into English at our request. Although we would like to, we are not able to offer our services in all languages.

❖ You acknowledge that in order to provide you with products and services, we may process personal data about you as an individual. If you represent a legal entity, we may also collect personal data that you have provided or will provide to us concerning your employees, other associates, or other individuals. You confirm that the disclosure of any personal data relating to individuals other than yourself has been or will be made in accordance with all applicable data protection and privacy laws, and that such data is accurate, up-to-date, and relevant at the time of disclosure.

❖ We acknowledge that some information about you or other information shared with us during registration is not personal information but may still be considered confidential. We are committed to keeping this information strictly confidential and using it solely to operate the platform and provide you with products and services. You consent to our sharing this information with third parties who have a legitimate reason to access it. We commit to applying the same level of protection as for your personal information and to allowing access to your confidential information only to those who need it to perform their tasks and duties. For a more detailed list of third parties with whom we may share your personal and/or confidential information, please refer to our privacy policy.

❖ The Club has the right to terminate or suspend your account extraordinarily and without prior notice if any of the following events occur:

You have substantially breached the terms and conditions of this agreement.
You or a person linked to you are involved in illegal activities such as money laundering, terrorist financing or other illegal transactions on the platform, or we suspect that you are involved in such activities.
You or a person linked to you have been convicted of criminal offences such as money laundering, terrorist financing, environmental crimes, and other criminal offences, and there is a risk that our platform may be used for criminal purposes or to promote illegal activities.
You or a person linked to your activities, the country and/or region from which you or the linked person originates, is or becomes subject to an international sanction.
The information you have provided to us is inaccurate or incomplete, or you have not updated your information on the platform, and this negatively impacts our ability to identify you as an individual and to perform the necessary due diligence measures in accordance with applicable laws.
You do not provide or refuse to provide the information we need to identify you as an individual and to implement adequate due diligence measures in accordance with applicable laws.
Your activity or inactivity as a user causes us material or immaterial damage, and/or there is a real threat that such damage may occur.
We receive an order to close your account by a court decision, by instruction from a competent public authority, or from our regulated partners, such as banks, custodians, or EMIs.

❖ If the Club refuses to process a transaction, it must inform you of this refusal and, if possible, the reasons for the refusal and/or the means to remedy it, unless otherwise required by applicable law. The Club may, at its discretion, charge a fee for providing this information if the refusal is objectively justified.

❖ Users, as subjects of personal data processing defined under Article 4, paragraph 1 of the European General Data Protection Regulation 2016/679 (GDPR), give their explicit consent for the Club to maintain and process a personal data record. They understand, agree, and accept that the processing is necessary for the performance of a contract and for the Club to comply with its legal obligations as the data controller of the record, under Article 6, paragraph 1 (a), (b), and (c) of the GDPR or any other relevant applicable law.

❖ As the data controller of the records kept in accordance with Article 4, paragraph 7 of the GDPR, the Club observes all principles of lawful processing of personal data, namely lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability, while taking all appropriate technical and organizational protective measures, such as anonymization, pseudonymization, data encryption, privacy impact assessment, and privacy by design and by default.

❖ You and the Club waive any liability on the part of third-party providers, including banks, EMIs, technology partners, and their affiliates, in the event of financial disputes, claims, complaints, losses, or outcomes related to the product or service you purchased from the Club and in connection with this agreement or any other written, verbal, or communicated agreement/contract between you and the Club.

❖ We take great care in fulfilling our obligations; however, our contractual liability cannot be engaged in the event of force majeure or the occurrence of an external event that cannot be attributed to us. The information, articles, comments, images, illustrations, testimonials, reviews, videos, etc., on our website have no contractual value and do not engage our responsibility.

ARTICLE 8: Intellectual property and copyright

❖ Unless otherwise indicated by the Club, all copyright and other intellectual property rights in all content and other materials provided in connection with the products and services, including but not limited to trademarks, trade names, logos, designs, graphics, photos, unique technical and scientific solutions or inventions, rights to software compilations, associated source code and software, concepts, information, articles, comments, images, illustrations, testimonials, reviews, and videos, are and remain the property of the Club, which reserves exclusive rights to their use. Without prior written authorization, any partial or complete reproduction of our website by any means is strictly prohibited. Any use other than private use by our members is forbidden.

ARTICLE 9: Jurisdiction and applicable law

In the event of a dispute arising from the execution of these terms that is not resolved through arbitration, the competent court shall be that of the registered office of Ultimate Affiliate Program Ltd, located at 20-22 Wenlock Road, N1 7GU London, United Kingdom, and the applicable law shall be that of the United Kingdom.

ARTICLE 10: Application and modification of the General Terms and Conditions

❖ The member declares that they have read and unreservedly accepted the General Terms and Conditions in force, and where applicable, the Special Terms and Conditions in force for each product or service ordered, before any membership application, subscription, or purchase.

❖ The member declares that they fulfil their obligations in their country of tax residence under their own responsibility and guarantees that the Club cannot be held liable in this regard.

❖ The annual renewal of your membership by payment of the fee constitutes full acceptance of our General Terms and Conditions of the Club, Special Terms and Conditions for certain products or services, and the ‘KYC’ and ‘AML’ procedures stipulated in Article 11 in force at the date of each payment.

❖ We reserve the right to update these General Terms and Conditions; in such cases, members will be notified through our monthly Newsletter, which will serve as notification with tacit acceptance by the member.

If a member does not accept the new General Terms and Conditions of the Club, they must notify the Club of their resignation and, if applicable, request the reimbursement of deposits for all their Service Packs and the balance of their internal wallet within one month after the notification Newsletter date.

Any valid ECA-N & UAP document is the one with the most recent update date (Updated 15.08.2024).

ARTICLE 11: “KYC”, “AML” & Protection of personal data

❖ To collectively protect all our members, as well as our Club and its operating companies, we apply the European Union directives on the prevention of money laundering and the financing of terrorist and criminal activities. Consequently, a ‘KYC’ (Know Your Customer) procedure and ‘AML’ (Anti-Money Laundering) procedure are systematically applied.

KYC Policy

1.1 Objective

The purpose of this KYC policy is to:
– Verify the identity of our members
– Understanding the nature of our members’ activities
– Assessing and mitigating the risk of money laundering and terrorist financing
– Comply with applicable legal and regulatory requirements

1.2. Scope of application

This policy applies to all the Club’s service providers, employees, officers and directors, as well as to all members and users of the Club’s products and services, whether individuals or companies.

1.3. KYC procedure

1.3.1. Identification and verification

All members must provide the following information and documents during the registration process:

For individuals:
– Legal first name(s) and surname(s)
– Date of birth
– Nationality
– Home address
– Government-issued photo ID (e.g. passport, national identity card)
– Proof of address less than 3 months old (e.g. utility bill, bank statement, rental contract)

For companies:
– Full legal name of business or company
– Registration number (SIRET, RCS, Company number)
– Registered office address
– Tax Identification Number or intra-Community VAT number
– Certificate of Incorporation (certificate of incorporation, Kbis less than 3 months old)
– The memorandum and articles of association of the company, or the articles of association alone if they are considered to serve as both the memorandum and articles of association
– Identification and verification of the beneficial owners and directors of the company, including the required information for individuals, as indicated above

1.3.2. Document submission and verification

– All the required documents must be uploaded to the member area of our website during the registration process
– The Club reserves the right to request additional information or documents if necessary
– The Club will verify the authenticity of the documents submitted using reliable and independent sources

1.3.3. Ongoing monitoring

– Members’ transactions and activities within the Club will be monitored on an ongoing basis to ensure that they are consistent with the Member’s profile and the nature of their relationship with the Club
– Any suspicious activity will be investigated and reported to the appropriate authorities in accordance with legal requirements

1.4. Customer Due Diligence (CDD)

The Club implements comprehensive customer due diligence measures to verify its members’ identities and understand the nature of their activities.

AML Policy

2.1. Objective

This anti-money laundering policy aims to:
– Preventing the Club from being used for money laundering and the financing of terrorism
– Establish a global framework for the detection, prevention and reporting of suspicious activities
– Ensure compliance with all applicable legal and regulatory requirements

2.2. Scope of application

2.3. Definitions

Money laundering:
The process by which criminals conceal the origin of illegally obtained money, typically through transfers involving foreign banks or legitimate businesses.

Terrorist financing:
The provision of funds or financial support to individuals or groups involved in terrorist activities.

2.4. AML Compliance Officer

An AML Compliance Officer oversees the implementation and maintenance of this AML Policy. The Anti-Money Laundering Officer has the authority, resources, and independence to effectively fulfil their duties.

2.5. Risk-based approach

The Club adopts a risk-based approach to the fight against money laundering, which involves:
– Assessing the money laundering and terrorist financing risks associated with our members, products, services and geographical locations
– Application of appropriate measures to mitigate identified risks
– Carrying out ongoing risk assessments to ensure the effectiveness of our anti-money laundering controls

2.6. Enhanced Due Diligence (EDD)

In cases where a higher risk of money laundering or terrorist financing is identified, the Club will apply enhanced due diligence measures, which may include:
– Obtain additional information about the member and its planned activities
– Carry out more frequent and thorough checks on transactions
– Request additional documents or information to verify the origin of funds

2.7. Reporting suspicious activity

The Club will establish procedures for reporting suspicious activities, including:
– Internal reporting of suspicious activities to the AML Compliance Officer
– External reporting to the competent authorities in accordance with legal requirements

Record keeping and data protection

❖ The Club retains records of all identification information, verification steps, and transaction details for at least ten years after the member’s relationship with the Club ends. These records are securely stored, can only be modified when necessary, and are accessible only to authorised personnel.

❖ The Club is committed to protecting the privacy and confidentiality of its members’ information. All personal data collected during the KYC and AML processes is processed and stored in accordance with the General Data Protection Regulation (GDPR). Members have the right to access, rectify, delete, and restrict the processing of their personal data. Requests can be made by contacting us via email at compliance@eca-n.com.

3.1. Objective

The purpose of this GDPR policy is to ensure that the Club:
– Complies with the General Data Protection Regulation
– Protects the rights of staff, members and partners
– Is transparent about how it stores and processes members’ data
– Protects itself against data breach risks

3.2 Scope of application

This policy applies to all personal data processed by the Club, including but not limited to, data of providers, employees, members, users, product and service suppliers, and website visitors, whether individuals or companies.

3.3. Data processing principles

The Club is committed to processing data in accordance with its responsibilities under the GDPR. Article 5 of the GDPR requires that personal data be:
– Processed lawfully, fairly and transparently
– Collected for specific, explicit and legitimate purposes
– Adequate, relevant and limited to what is necessary
– Accurate and, if necessary, kept up to date
– Kept in a form which permits identification of the data subjects for no longer than is necessary
– Processed in a manner that ensures appropriate security of personal data

3.4. Legal basis for processing

The Club will only process personal data if there is a legal basis for doing so. The legal bases for processing personal data under the GDPR are as follows:
– The data subject has consented to the processing of his/her data for a specific purpose
– Processing is necessary for the performance of a contract with the data subject
– The processing is necessary to comply with the law to which the Club is subject
– Processing is necessary to protect the vital interests of the data subject or another natural person
– Processing is necessary for the purposes of the legitimate interests pursued by the Club or by a third party

3.5. Rights of data subjects

Individuals have certain rights over their personal data, and the Club is bound to respect these rights as follows:
– The right to be informed about the collection and use of their personal data
– The right to access personal data
– The right to have inaccurate data rectified or completed if it is incomplete
– The right to request the restriction or deletion of their personal data
– The right to obtain and re-use their data for their own purposes across different services
– The right to object to the processing of their personal data in certain circumstances

3.6. Data collection and use

The Clubs collect and uses personal data for the following purposes:
– Supply and manage our products and services
– Communicating with members and users
– Complying with legal requirements
– Improve our products, services and website
– Manage and monitor our service providers, employees and members

3.7. Data sharing

The Club will only share personal data with third parties if there is a legal basis to do so.

We can share personal data with:
– Contracted service providers who assist us in our business operations
– Law enforcement or regulatory bodies, if required by law
– Other third parties, with your consent

3.8. Data security

The Club takes the security of personal data seriously.

We use appropriate technical and organisational measures to protect personal data against unauthorised access, use, or disclosure.

These measures include:
– Encryption of data in transit and at rest
– Regular security assessments
– Data access controls
– Staff training in data protection

3.9. Data retention

The Club retains personal data only for the duration necessary to fulfil the purposes for which it was collected or for the time required by law. Data that is no longer needed is securely deleted or anonymised.

3.10. Data breach

In the event of a data breach, the Club has implemented a procedure to ensure effective and efficient management. We will notify the relevant supervisory authority within 72 hours of becoming aware of a breach if it is likely to result in a risk to individuals’ rights and freedoms. Affected individuals will also be informed without undue delay if the breach is likely to result in a high risk to their rights and freedoms.

3.11. Data Protection Officer

The Club has appointed a Data Protection Officer (DPO) who is responsible for overseeing this policy and ensuring our compliance with the GDPR.
The DPO’s responsibilities are as follows:
– Informing and advising the Club, its providers, and employees about their obligations to comply with the GDPR
– Monitoring compliance with the GDPR and the Club’s data protection policies
– Providing advice on data protection impact assessments
– Cooperating with supervisory authorities

Training and Awareness

The Club provides regular training to providers and employees involved in the KYC and AML processes to ensure they understand their responsibilities and stay informed about the latest developments in anti-money laundering (AML) and counter-terrorist financing (CTF) regulations

Independent audit

The Club conducts independent audits of its KYC and AML procedures to ensure their effectiveness and compliance with applicable laws and regulations. These audits are carried out by qualified professionals and include a review of our risk assessments, CDD and EDD procedures, transaction monitoring, and reporting processes.

Compliance and reporting

The Club regularly reviews and updates its KYC and AML policies to ensure continued compliance with applicable laws and regulations. Any changes to the policy will be communicated to members through our monthly Newsletter.

Contact details

For any questions or concerns regarding our KYC and AML policies, please contact us at:
– Email: compliance@eca-n.com
– Phone: +33 972 103 102

Conclusion

❖ The Club is committed to upholding the highest standards of compliance and integrity, and to protecting the privacy and confidentiality of its members’ information.

❖ By adhering to these KYC and AML policies, we aim to protect our members and our organisation from the risks associated with money laundering and terrorist financing.

❖ All personal data collected during the KYC and AML processes is processed and stored in accordance with the General Data Protection Regulation (GDPR).

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Signed by Mickael Drouin - Club founder
Signed On: 14 November 2024

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14 November 2024 15:19 CET

Contract Agreement - Club Terms and Conditions Uploaded by Mickael Drouin - Club founder - compliance@eca-n.com IP 191.101.209.101