General Terms and Conditions of Sale

1.1 These General Conditions of Access to the THE GIFTS CLUB Service define the rights and obligations of the Parties in the context of using the services offered by THE GIFTS CLUB SAS.

1.2 Access to the THE GIFTS CLUB service by the CLIENT implies express, prior, full and complete acceptance of these general conditions. By signing the Order Form or by creating an account directly online, the CLIENT acknowledges that they are bound by all of these general conditions of access to the THE GIFTS CLUB service.

2.7 The CLIENT must provide THE GIFTS CLUB SAS with all information necessary for the implementation of these services. The CLIENT is responsible for the availability of the elements they provide for the game launch and its promotion.

2.8 The CLIENT authorizes THE GIFTS CLUB SAS to access their database in order to analyze and send follow-up communications if one of their customers has not returned following the use of the THE GIFTS CLUB service.

2.9 The CLIENT will have access to content related to their communication as well as their invoices by logging directly into their Pro Space (secure access via an email identifier and password). This identifier and password are strictly personal and confidential and must not be communicated or shared with third parties. The CLIENT assumes full responsibility for the use, by themselves and by any persons to whom they have granted access to the data, of the access codes provided to them or that they may have created.

4.1 THE GIFTS CLUB SAS makes its best efforts to ensure the availability of its services. However, the CLIENT is informed that the service is subject to a simple obligation of means.

4.2 THE GIFTS CLUB SAS cannot be held liable for direct or indirect damages, losses or expenses resulting from the use of services, or the impossibility of using them, or a malfunction, an interruption due to maintenance, technical server failure or related to an interruption of Internet access or for any other cause, a virus, or a line or system problem.

4.3 The liability of THE GIFTS CLUB SAS cannot under any circumstances be sought, for any reason whatsoever, for any prejudice or direct or indirect damage, loss or expense, suffered or incurred by the CLIENT due to the use or impossibility of using access to the service, for whatever cause, such as but not limited to, loss of information, loss of clientele, loss of earnings, loss of brand image or other commercial disruption. By express agreement, the liability of THE GIFTS CLUB SAS shall in any event not exceed the amount of sums invoiced to the CLIENT by THE GIFTS CLUB SAS for services provided during the current calendar year.

5.1 The CLIENT declares that they are the owner of the information provided to THE GIFTS CLUB SAS for the creation and updating of their communication campaigns (graphic materials, texts, photos, etc.). The accuracy of all information provided by the CLIENT is their responsibility and relies on their good faith. The CLIENT declares that the information communicated is accurate and complete and assumes responsibility for it.

5.2 THE GIFTS CLUB SAS has no responsibility regarding the content of information provided by the CLIENT. The CLIENT indemnifies THE GIFTS CLUB SAS against any damage suffered by it and against any liability action that may be brought against it on the basis of a breach of this contract and/or any right of a third party.

6.1 Payments for access to THE GIFTS CLUB SAS services are payable monthly by direct debit authorization or in one lump sum by check upon order.

6.2 The CLIENT undertakes to ensure that the bank account used for payment is sufficiently funded to allow payment.

6.3 If the CLIENT has provided several means of payment to THE GIFTS CLUB SAS, and if one of the means of payment does not work, THE GIFTS CLUB SAS may attempt payment on the other means provided to THE GIFTS CLUB SAS.

6.4 Any unpaid sum at maturity will result in the payment of late penalties set at 3 (three) times the legal interest rate per day of delay. These late penalties will be due from the day after the due date and will be payable without a reminder being necessary, the sending of a registered letter not being required to trigger the right for THE GIFTS CLUB SAS to collect them.

6.5 A fixed indemnity of forty euros (€40) will also be due to THE GIFTS CLUB SAS for collection costs, on the occasion of any late payment or non-payment. This indemnity is due for each invoice paid late and not on all invoices concerned. However, this indemnity will not apply if the CLIENT is undergoing safeguard, receivership or judicial liquidation proceedings. If the collection costs actually incurred are higher than this fixed amount, particularly in the case of recourse to an external collection agency, additional compensation may be requested by THE GIFTS CLUB SAS from the CLIENT. The indemnity will be due in full even in the case of partial payment of the invoice at maturity, regardless of the duration of the delay. This fixed amount is added to the late penalties but is not included in the calculation base of the penalties.

6.6 In the event of default in payment of all or part of an invoice at the set due date, THE GIFTS CLUB SAS will have the right to demand immediate payment of the entire amount due for any reason, even if not yet due and regardless of the planned payment method.

6.7 Notwithstanding the foregoing, in the event of judicial liquidation or transfer, the Client undertakes to inform THE GIFTS CLUB SAS as soon as possible. In this case, THE GIFTS CLUB SAS will note the termination of the Contract with the Client based on the justifications provided by the Client and will cancel all remaining amounts due under the Contract by the Client for the remaining duration of the subscription.

6.8 Any sum unpaid after one week will result in the CLIENT no longer being able to access their pro space and the use of the software as a THE GIFTS CLUB service will be inaccessible past this date.

7.1 This Contract takes effect from the date indicated by the client and is of a definitive and irrevocable nature binding THE GIFTS CLUB SAS to the CLIENT.

7.2 At the end of the initially planned commitment period, the subscription to the THE GIFTS CLUB Service will be tacitly renewed for successive periods identical to the duration of the first subscription, unless terminated by the CLIENT without notice period by email to: Valentin.derossi@thegiftsclub.io.

7.3 The Contract cannot be terminated or cancelled before its term and/or unilaterally by the CLIENT, for any cause, basis or grievance whatsoever. In any case, the CLIENT cannot interrupt the performance of the Contract, even temporarily, for reasons related to the temporary closure of their establishment (August holidays, annual closure, etc.), it being specified that closure periods are already taken into account by THE GIFTS CLUB SAS at the time of order subscription. Unsubscribing from the Service results in the complete deletion of the Member's Account and the permanent loss of all unused collected discount benefits.

7.4 The start date of the service can be postponed free of charge up to 24 hours before the start of the service. The postponement cannot exceed one calendar month.

8.1 Data relating to End Users: THE GIFTS CLUB SAS acts as data controller in the context of services provided to the CLIENT insofar as THE GIFTS CLUB SAS independently determines the purposes and means of personal data processing relating to End Users. THE GIFTS CLUB SAS undertakes to comply with the requirements of applicable data protection regulations, including European Regulation No. 2016-679 of April 27, 2016 ("GDPR") and Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms.

8.2 Data relating to the CLIENT: THE GIFTS CLUB SAS may also process, as data controller, personal data relating to employees or corporate officers of the CLIENT, limited mainly to names and professional contact details for the management of the commercial relationship (contractual relationship management, invoicing management, etc.). Data is archived for 3 months from the end of the commercial relationship or, in any event, for a period not exceeding the applicable legal limitation periods.

8.3 Recipients and rights of data subjects: Personal data processed by THE GIFTS CLUB SAS is not sold, transferred or made accessible to any third party, subject to any subcontractors of THE GIFTS CLUB SAS located in the EEA and any restructuring and/or reorganization operation of THE GIFTS CLUB SAS, or when such communication is required by law, a regulatory provision or a court decision, or necessary to ensure the protection and defense of its rights. Data subjects have a right of access and rectification of their data, as well as the right to request erasure, to object to their processing and to obtain restriction or portability. These rights can be exercised with THE GIFTS CLUB SAS by regular mail or by email at: valentin.derossi@thegiftsclub.io. Finally, for any complaint, the CLIENT has the right to contact the French Data Protection Authority (CNIL).