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Statement of Moderation

Version from 14 March 2013

This document is an Ancillary Policy to the Platform’s the Terms and Conditions.

The Statement of Moderation charter is designed to inform Members about the rules to be followed as part of the Services (I) and of the existence of Prohibited Services and (II) Services subject to authorisation.

Under the terms of the Terms and Conditions, the Registration of the Participant to the Platform implies acceptance of this Statement of Moderation as well as the Terms and Conditions and all other Ancillary Policies.

In the case of conflict between any provision of the Statement of Moderation and the Terms and Conditions, the terms hereof will prevail.

I. Rules of Use of the Platform to be respected

MyBestPro SAS warns Members against the onset of a dependence on certain services and gives its recommendations.

WENGO establishes maximum limits of: (i) one hundred and fifty (150) pounds per Transaction per User in the Astrology category, (ii) two hundred (200) pounds per Transaction for other categories. Beyond that amount, the Service will be disconnected after informing the User.

Each month, the User is blocked when the monthly amount of their Transactions exceeds £1,500 (“Monthly Limit”). The User can unblock their account from their personal account. It is automatically unblocked at the beginning of the following month unless the Member specifically requests otherwise.

At any moment, the User can contact Customer Service and ask to change the amount of the Monthly Limit.

I.1. Dependency

Dependency (“Dependency”) results from a state of habituation due to excessive use of the Services.

Some users may develop a Dependency due to excessive use of the Services. MyBestPro SAS recommends that all Users consume reasonably and in moderation from these Services in order to avoid any Dependence.

I.2. Evaluation of Dependency

MyBestPro SAS offers Members a questionnaire to detect a state of dependency in a User.

  • Do you often consult longer than you had initially intended?
  • Have you ever paid for a Provider’s Services using money that was designated for other purposes, notably for necessary payments?
  • Do you only make decisions based upon advice from a Provider?
  • Has your use of these Services ever negatively impacted upon your family life?
  • Have you ever used your work time to contact a Provider?
  • Have you ever thought that to give up the Services offered by the Provider would be a sacrifice?

A positive response to two or more of the above questions suggests a state of dependence.

To help fight the onset of a dependency, MyBestPro SAS encourages Providers who suspect a state of Dependency in a User, to report it to MyBestPro SAS.

I.3. MyBestPro SAS recommends

MyBestPro SAS recommends that Users act responsibly in order to avoid excessive use of Services that could lead to Dependency.

Thus, MyBestPro SAS recommends adopting certain behaviours to ensure sound use of such Services:

  • Determine a maximum daily and monthly maximum expenditure;
  • Conduct regular monitoring of spending on one’s Personal Account;
  • Avoid the use of Services when in a confused state of mind;
  • Do not consider the Services as an escape from psychological problems;
  • Do not make important decisions based solely on suggestions from Providers.

I.4. Fighting against Dependency

The User may decide to permanently close their Personal Account by simply calling Customer Service. Upon permanently shutting down their account, the User agrees to provide accurate information so that MyBestPro SAS can identify them and deny him/her a new request for registration.

I.5. Fighting against the abuse or ill-treatment of a position of weakness

MyBestPro SAS informs the Provider that taking advantage of the weak, including the encouragement of a User to excessively use the Services, will incur a penalty and will be convicted under criminal law. Such behaviour is forbidden on the Platform.

II. Prohibited Services and Services subject to authorisation

II.1. Concept of prohibited services

Prohibited services (“Prohibited Services”) consist of all activities that violate laws and regulations and that may result in civil and criminal penalties for the Provider and/or MyBestPro SAS in their capacity as a technical intermediary.

As a general guideline, the following activities are prohibited on the Platform:

  • Any legally authorised gambling for money, including in the form of wagers and lotteries, raffles or sweepstakes;
  • Any activity or business carried out by notaries pursuant to the provisions of article 1 of ruling no. 45-2590 of 2 November 1945 on the status of notaries;
  • Any activity or business relating to prostitution;
  • Any activity or business violating the legal respect of the human body, including activity of a pornographic nature;
  • Any activity detrimental, in general, to human dignity.

II.2. Services subject to authorisation

Prior approval must be obtained by MyBestPro SAS for activities that require, by virture of legislation or regulation:

  • A qualification, registration with a professional body, or a permit, licence or other regulatory or administrative authorisation;
  • Adherence to pricing and billing conditions non compatible with the Pricing and Payment Policy.

MyBestPro SAS can verify that Providers hold qualifications attesting to their professional experiences and are duly registered with the competent authorities as well as with social organisations or other agencies.

II.3. Role of MyBestPro SAS

MyBestPro SAS suggests that all Providers verify that the Service that they intend to offer on the Platform is not a Prohibited Service and is not subject to authorisation. In case of doubt, the Provider is encouraged to approach MyBestPro SAS prior to his/her registration on the Platform in order to determine if the Service in question may or may not be offered on the Platform.

II.4. Penalties

In accordance with article I.10. of the Terms and Conditions, MyBestPro SAS may suspend or remove as of right and without prior notice the Registration of a Provider who proposes a Prohibited Service or a Service for which he has not obtained permission.

II.5. Responsibility of the Members

All Providers undertake to protect and indemnify MyBestPro SAS against the consequences of any claim emanating from a User or third party from the provision of a Service that is prohibited on WENGO and, more generally, of any regulated activity or business without being in possession of the necessary authorisations, entitlements or qualifications.

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