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Terms & Conditions

The French version prevails.

Last updated: October 20, 2021

BETWEEN:

ALPIUM SARL, a company with a share capital of €8,000, whose registered office is located at 112 Voie Albert Einstein, 73800 Porte-de-Savoie, registered with the Chambéry Trade and Companies Register under number 444 199 210, hereinafter the “Company”, in its capacity as publisher of the website game.escape-gift.com or any variation of it, on any type of platform and medium of this site, hereinafter, individually or collectively, the “Site”,

On the one hand,

AND:

Any natural person with legal capacity, or any legal entity, using the Services, as defined below, offered on the Site, hereinafter the “User”,

On the other hand,

The Company provides Users, on the Site, with the Services as defined below, allowing them to create, personalize and share digital treasure hunts.

To access (and, where applicable, purchase, when they are paid) and/or use and/or subscribe to the Services, the User follows the steps of the process indicated on the Site. The User fills in all the fields needed to identify themselves and to choose the Services and the payment methods.

By using the Site and the Services, the User acknowledges and confirms that they have read, understood and accepted in their entirety, and without reservation, all of these terms, obligations and conditions of use, sale and service, hereinafter the “Terms & Conditions”.

The Company reserves the right to modify the Terms & Conditions, which will take effect as soon as they are published on the Site and will apply to any new purchase on the Site. Any modifications shall have no effect on purchases made on the Site before their publication, which remain subject to the Terms & Conditions as accepted by the User when each purchase was validated. The User is invited to read the Terms & Conditions each time they use the Site’s Services, without the Company having to formally notify them.

THE COMPANY IS A TECHNICAL SERVICE PROVIDER THAT MANAGES A TECHNICAL INFRASTRUCTURE PROVIDING THE USERS OF THE SITE WITH A SERVICE THAT ALLOWS THEM TO CREATE AND/OR CUSTOMIZE THEMSELVES THE TREASURE HUNT TEMPLATES AVAILABLE ON THE SITE.

THE USER ACKNOWLEDGES THAT:

2. Definitions

In the Terms & Conditions, the words or expressions defined in this article have the following meaning, whether used in the singular or plural:

Animation: means the animated graphic that the player sees just before accessing the “final reward” page;

Account: means the private area on the Site to which the User has personal and reserved access, allowing them to view and modify their information and to access their personal Treasure Hunts;

Riddle: means a set consisting of a text, one or more correct answers and one or more wrong answers. It is used to ask the player a question, validate their answer and take them to the next step;

Game Area: means the series of web pages that the player browses when solving a Treasure Hunt.

Clue: means a set consisting of a text and/or an image and/or a link to a page or document on the Internet. It is attached to a given riddle. It is used to give a hint for solving the riddle in question.

Information: means the general information, articles and guides accessible or downloadable on the Site;

Treasure Hunt: means a set consisting of an introductory message, one or more riddles, an animation and a final reward. This set is called an “Escape-Gift” on the Site;

Player: any person invited by the User to solve their treasure hunt;

Treasure Hunt Template: means a pre-filled, customizable treasure hunt allowing the User to create a Treasure Hunt quickly.

Introductory message: means a set consisting of a text and/or an avatar chosen by the user. It is used to introduce the treasure hunt;

Final Reward: means a set consisting of a text and/or an image and/or a link to a page or document on the Internet. The Player sees it once all the riddles of the Treasure Hunt have been solved.

Services: means all the services offered by the Company to Users, mainly (this list is not exhaustive):

Site: means the website game.escape-gift.com and any variation of it;

Style: means the visual composition (text colors, icons, wallpapers) of the treasure hunt.

Theme: means the category of the Treasure Hunt, mainly (this list is not exhaustive):

User(s): any natural person with legal capacity, or any legal entity, using the Services offered on the Site;

3. Purpose

The purpose of the Terms & Conditions is to define the terms of access to and use of the Site and the Services by the User.

The User is expressly informed that the only authentic version of the Terms & Conditions of use of the Site and sale of the Services is the one available online at the following address: https://www.escape-gift.com/cgv/

4. Access, browsing and contact

Access to, use of and purchases on the Site are reserved for Users.

The Company may, at any time, suspend, limit or interrupt the Site in order, in particular, to update or modify its content. The Company undertakes to limit the frequency and duration of such suspensions, limitations and interruptions. The Company cannot be held liable for the possible impact of this unavailability on the User’s activities.

For reasons beyond the Company’s control, the Services may occasionally be suspended. In this case, the Company cannot be held liable for the possible impact of this unavailability on the User’s activities.

The User agrees not to use the Site, its content and the Services for unlawful purposes. The use of the Site, its content and its Services for commercial purposes is strictly prohibited without the Company’s prior written consent.

For any question about the Site or the Services, or to report unlawful content or activities, the User can send an email to contact@escape-gift.com

5. Use of the Services

5.1. Treasure Hunt Templates

The paid Service of using a treasure hunt template works as follows: the User selects a game template and is then invited to create an account free of charge or to log in if they are already a member. Once logged in, the User can customize the treasure hunt template in their member area by deleting, modifying or adding elements.

The following elements can be modified:

The following elements can be deleted, modified or added:

The User is solely responsible for the information they modify, delete or add from a treasure hunt template.

For the game to work, it must include at least an introductory message, a riddle and the final reward.

When this condition is met, the user is invited to test their game free of charge.

When the user is satisfied with their treasure hunt, they can share it by going to the “Launch” tab. A shopping cart is displayed and the user is invited to select the maximum number of players who will be able to register for their treasure hunt, to accept the Terms & Conditions and to proceed to payment.

Once the payment has been made and accepted, the User can share the game either:

Once the player limit has been reached, no new player registration can be validated, whatever the sharing method used.

The User may at any time increase the maximum number of players who can register for their treasure hunt. This will generate a new shopping cart and a new payment.

The User can follow the players’ progress live, as well as the changing scores, by going to the “Results” tab.

5.2. Creating a Treasure Hunt

The paid Service of creating a treasure hunt works as follows: the User selects the “create my own game” option and is then invited to create an account or to log in free of charge if they are already a member. Once logged in, the User can create their own treasure hunt in their member area by deleting, modifying or adding elements.

The following elements can be modified:

The following elements can be deleted, modified or added:

The User is solely responsible for the information they modify, delete or add in their treasure hunt.

For the game to work, it must include at least an introductory message, a riddle and the final reward.

When this condition is met, the user is invited to test their game free of charge.

When the user is satisfied with their treasure hunt, they can share it by going to the “Launch” tab. A shopping cart is displayed and the user is invited to select the maximum number of players who will be able to register for their treasure hunt, to accept the Terms & Conditions and to proceed to payment. Some options are free, and the shopping cart may sometimes amount to €0. In this case, no payment is required.

Once the payment has been made and accepted, the User can share the game either:

Once the player limit has been reached, no new player registration can be validated, whatever the sharing method used.

The User may at any time increase the maximum number of players who can register for their treasure hunt. This will generate a new shopping cart and a new payment.

The User can follow the players’ progress live, as well as the changing scores, by going to the “Results” tab.

5.3. Sharing the Treasure Hunt

The players the User invites to play are registered with a nickname and an email address, to which they receive a personal URL giving them access to the treasure hunt.

The User acknowledges that Players need an Internet connection to play their Treasure Hunt.

6. Prices and payment

The prices of the Services (Treasure Hunt Template, Treasure Hunt Style, limit of players who can register, or other options) are clearly indicated when the User pays the price.

The full price must be paid when the order is validated, and only the rates in force indicated at the time of the order will apply. As soon as payment is validated, the User receives a confirmation email containing a link to a post-payment page summarizing the Service purchased and making an invoice available to the User.

Prices are shown in euros, both excluding and including all taxes. Prices take into account the taxes applicable on the day of the order, and any change in the rate of these taxes will automatically be reflected in the prices.

The Company reserves the right to modify the prices of the Services at any time by publishing them online.

The User warrants to the Company that they have the necessary authorizations to use the payment method they choose, and acknowledges that paying the Company for the order constitutes proof of their capacity and of their consent to pay the amounts due for the order.

The Company does not store Users’ credit card details; only proof of the transaction is archived.

In the event of a dispute or of fraudulent use of the card without physical use of the card, any person may dispute the transaction within ninety (90) days of the date of the transaction by submitting a claim in accordance with the provisions below.

Any dispute not made in accordance with the rules defined above and within the time limits set cannot be taken into account. Consequently, the Company cannot be held liable, which the User expressly acknowledges.

If the accredited organizations refuse to authorize payment by card, or in the event of non-payment, the Company reserves the right to suspend or cancel the order.

The Company also reserves the right to refuse an order from a User who has not paid all or part of a previous order, or with whom a payment dispute is pending.

7. Right of withdrawal

In accordance with Article L121-20-12 of French law, the User has a period of fourteen full calendar days to exercise their right of withdrawal. The period starts from the day the contract takes effect, i.e. when payment is validated.

However, if during this 14-day period the User has already shared the Treasure Hunt and Players have started playing it, the User then waives their right of withdrawal.

8. Refund policy – cancellation

Any request relating to a change of mind, after payment, about whether to continue sharing a Treasure Hunt, made within the withdrawal period mentioned in Article 7, will be handled as follows:

If the User makes their request outside the withdrawal period mentioned in Article 7, no refund can be made.

9. Liability and warranty

THE COMPANY IS A TECHNICAL SERVICE PROVIDER THAT MANAGES A TECHNICAL INFRASTRUCTURE PROVIDING THE USERS OF THE SITE WITH A SERVICE THAT ALLOWS THEM TO CREATE AND CUSTOMIZE THEMSELVES THE TREASURE HUNT TEMPLATES AVAILABLE ON THE SITE.

THE USER ACKNOWLEDGES THAT:

Unless otherwise provided by mandatory law, the Company cannot be held liable in the following cases:

The User is responsible for:

The Company guarantees the User that all the information provided when using the Services is confidential, and undertakes not to disclose it to third parties, except as needed to perform the Service, and not to use it for any purpose other than performing the Service.

In all cases, the Company has only a best-efforts obligation (obligation de moyens) with regard to the Services. The amount of the Company’s liability is strictly limited to the price of the Service actually paid by the User under the conditions of Article 6 herein. However, the User expressly acknowledges that the Company cannot be held liable for the destruction of the User’s data.

10. Intellectual property

The Company is the sole owner of the following elements, which are protected by French and international laws and regulations relating in particular to intellectual property:

Consequently, none of the Treasure Hunts may, in whole or in part, be reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, rented, represented or reused for a purpose other than the one for which it was approved by the User, whether free of charge or for a fee, by a User or by a third party, by any means and/or on any medium, whether known or unknown to date, without the prior, express, unequivocal and written authorization of the Company on a case-by-case basis, and the User is solely responsible for any unauthorized use and/or exploitation. Any representation, reproduction, adaptation or partial or total exploitation of Treasure Hunts by any process whatsoever, without the prior, express, unequivocal and written authorization of the Company, may constitute an infringement within the meaning of Articles L.335-2 et seq. of the French Intellectual Property Code.

Similarly, none of the Elements may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a User or by a third party, by any means and/or on any medium, whether known or unknown to date, without the prior, express, unequivocal and written authorization of the Company on a case-by-case basis, and the User is solely responsible for any unauthorized use and/or exploitation. Any representation, reproduction, adaptation or partial or total exploitation of Elements by any process whatsoever, without the prior, express, unequivocal and written authorization of the Company, may constitute an infringement within the meaning of Articles L.335-2 et seq. of the French Intellectual Property Code. Access to the Site does not constitute recognition of any right and, in general, does not confer any intellectual property right over any of the Elements, which remain the exclusive property of the Company.

Any infringer will be prosecuted by the Company before the competent courts.

11. User email and Account creation

The User is invited to create an Account when they wish to create a Treasure Hunt; this creation entails acceptance, without any reservation, of the Terms & Conditions.

To do so, the User must register by filling in the form offered to them when they place their order, and undertakes to provide sincere and accurate information about themselves.

The User is solely responsible for updating the information provided. They are informed that they can modify it by logging in to their Account.

To access their Account and order history, the User must identify themselves using the email address and the password they chose when registering, which are strictly personal. The User must therefore not disclose them. Otherwise, they will remain solely responsible for any use made of them.

The User may also request to unsubscribe by going to the dedicated page in their Account or by sending an email to: contact@escape-gift.com. This will take effect within a reasonable time.

In the event of non-compliance with the Terms & Conditions, the Company may suspend or even close a User’s Account after a formal notice sent electronically has remained without effect.

Any deletion of an Account, for whatever reason, results in the outright deletion of all the User’s personal information.

12. Player information

Players must have a Game Area; this Game Area can be created in 2 ways:

  1. By the Player themselves, by filling in a form in which the Email and Nickname are mandatory; this creation entails acceptance, without any reservation, of the Terms & Conditions.
  2. Through registration by the User, who enters at least a nickname and an email address for each Player.

The Player can request the erasure of their personal data through a dedicated page whose link is in the Game invitation email, or by sending an email to: contact@escape-gift.com. This will take effect within a reasonable time.

In the event of non-compliance with the Terms & Conditions, the Company may suspend or even close a User’s Account after a formal notice sent electronically has remained without effect.

Any deletion of an Account, for whatever reason, results in the outright deletion of all the User’s personal information.

13. Personal data

The personal data of the User and of the Players is processed by the Company, which acts as data controller within the meaning of the French Data Protection Act (loi Informatique et libertés) and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data, hereinafter the “GDPR”.

The Company undertakes to ensure the protection of the personal data of the User and of the Players, and of all personal data obtained in the course of using the Services.

For more information on the use of cookies and on the Company’s use of personal data, the User may consult the Company’s Privacy Policy, available at the following address: https://www.escape-gift.com/en/privacy-policy/

The legal bases for this processing are the performance of contractual measures, the consent of the data subject and the legitimate interest of the data controller.

The purpose of this processing is the creation and personalization of Treasure Hunts as part of the Services.

Some information, indicated in particular by an asterisk, is mandatory. Otherwise, the Company will not be able to provide the Services.

The related personal data will not be kept beyond the time strictly necessary to achieve the purposes indicated.

Some data used to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period not exceeding the time necessary for the purposes for which it is kept, in accordance with the provisions in force.

All data transmitted by the User is archived via the OVH Cloud online service. This service complies with numerous security standards and compliance certifications, including European Union data protection regulations. The data transmitted by the User is stored in an OVH data center in France. The data transmitted is not exported to countries outside the European Union.

In accordance with the French Data Protection Act and the GDPR, the User has, under the conditions of the applicable law, a right of access, a right to rectification, a right to restriction of processing, a right to object to processing, a right to data portability and a right to erasure, as well as the right not to be subject to an automated decision, including profiling. The User may withdraw their consent at any time.

For any request, the User may contact the Company at the following address: contact@escape-gift.com

Finally, the User has the right to lodge a complaint with the CNIL (Commission Nationale de l’Informatique et des Libertés), the French data protection supervisory authority.

14. Complaints

Users must send any complaint(s) electronically to contact@escape-gift.com.

The User has thirty (30) days from the provision of the Services to submit complaints electronically to the Company, with all related supporting documents.

No complaint can be validly accepted if the User does not comply with these formalities and deadlines.

The Company will refund, as soon as possible and at its own expense, any Services whose lack of conformity has been duly proven by the User.

However, it is expressly stated that any complaint concerning the choice of a Service or the content of a Service cannot be accepted by the Company.

15. Technical requirements

Before ordering any Services, the User must make sure they meet the necessary technical requirements, namely:

All of the above equipment allowing access to the Services is the sole responsibility of the User.

The User acknowledges that players must also meet the same technical requirements to be able to play their Treasure Hunt. In particular, an Internet connection is required. It is the user’s responsibility to make sure that the players of their Treasure Hunt have Internet access during the desired period of the Treasure Hunt.

The Company declines all responsibility if the equipment of the User and of the Players does not meet the technical requirements. No cancellation or termination of the order will be accepted on the grounds of incompatibility.

The User must also take all appropriate measures to protect their own data and/or software from contamination by viruses circulating on electronic communication networks, in particular the Internet.

16. Accuracy of the information provided

The information provided during the User’s ordering process for Services is essential for the proper processing of the order and the performance of the Services. The User therefore undertakes to provide true and sincere information and to keep it up to date, and the Company cannot be held responsible for the consequences of providing erroneous information.

17. Force majeure

The Company’s performance of its obligations under the Terms & Conditions will be suspended in the event of a fortuitous event or force majeure that hinders or delays their performance.

In addition to those usually recognized by the case law of the French Courts and Tribunals, the following are expressly considered cases of force majeure or fortuitous events: total or partial strikes, internal or external to the Company and to its subcontractors and service providers, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, blockage of telecommunications and any other event beyond the express control of the parties preventing the normal performance of the Terms & Conditions.

The Company cannot be held liable for the non-performance of the Terms & Conditions or of the Services due to a case of force majeure.

The Company and the User may terminate the Terms & Conditions as of right in the event of force majeure lasting more than two (2) months.

18. Severability

If one or more provisions of the Terms & Conditions are declared null and void, non-existent or unenforceable, the validity of the Terms & Conditions will not be affected. The other clauses will remain in effect.

19. Waiver

The fact that the Company does not, temporarily or permanently, invoke one or more provisions of the Terms & Conditions can in no way be interpreted as a waiver of its rights for the future, as releasing the User from fulfilling the obligation(s) contained in said provision(s), or as a waiver by the Company of its right to invoke the rest of the Terms & Conditions.

20. Applicable law and jurisdiction

The Terms & Conditions are governed, interpreted and applied in accordance with French law.

In the event of a dispute concerning the performance, termination or conditions of these Terms & Conditions, the parties will endeavor to settle their dispute amicably.

The User is informed that they may in any event resort to conventional mediation, with the existing sector mediation bodies whose references appear on the website https://cm2c.net/, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Contact details of the mediation body:

CM2C, 14 rue Saint Jean, 75017 Paris
Tel.: 06 09 20 48 86
Email address: contact@cm2c.net

Subject to the applicable mandatory legal provisions, any dispute related to or resulting from the validity, performance, interpretation or formation of the Terms & Conditions will first be the subject of a request to the Company for an amicable solution and, failing conciliation, will fall under the exclusive jurisdiction of the courts of Chambéry (France).