GENERAL CONDITIONS OF USE AND SALE OF THE WEBSITE www.funbridge.com


GENERAL CONDITIONS OF USE

The present General Conditions of Use are the sole property of the publisher. Any reproduction, in whole or in part, is strictly prohibited.

The present conditions apply to the publisher and any person (hereinafter referred to as “User”) visiting the website accessible at www.funbridge.com.


ARTICLE 1. LEGAL NOTICE

Under Article 6 of the Law No.2004575 of 21 June 2004 regarding confidence in the digital economy, you can find below the names of the parties involved in the development and administration of the website.

The website www.funbridge.com is published by:

GOTO GAMES, with share capital of €66,803, having its head office at 3 Avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France, is registered with the Corp. & Trade Reg. of Lille Métropole under No.509567681. – Tel: +33 3 59 61 66 00.

The website managing editor is Mr Pierre Dreulle.

The website www.funbridge.com is hosted by GOTO Games (see details above), having its head office at 3 Avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France.

The term “User” refers to any person using this website after having agreed with the present General Conditions of Use.


ARTICLE 2. WEBSITE PRESENTATION

The website www.funbridge.com allows you to download the software Funbridge for free in order to play bridge deals with robots on smartphones, tablets (Apple, Android, Amazon) and computers (Mac and Windows PC), and to compare yourself to hundreds of other players.

The website also allows you to subscribe to one of the Funbridge offers.

The website is accessible to any natural person of legal age and capacity with Internet access.


ARTICLE 3. CONTACT

For any question or request for information concerning the website or to report illegal content or activity, the User can contact the publisher via the contact form available on the website or send a letter to GOTO GAMES, 3 Avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France.

Regarding illegal content reports, it is the User’s responsibility to specify where the illegal content can be found as well as the relevant legal characterisation. Under Article 226-10 of the penal Code, false accusations are subject to criminal sanctions.


ARTICLE 4. ACCEPTANCE OF THE CONDITIONS OF USE

Access to the website and its use imply acceptance of and compliance with the present General Conditions of Use (hereinafter referred to as “GCU”).

GOTO GAMES reserves the right to make modifications to the website content, the services provided as well as the present GCU at any time and without prior notice in order to offer new functionalities or interrupt and modify existing functionalities.

We therefore advise the User, next time he visits the website, to refer to the latest version of the GCU that is accessible on the website at any time. If the User does not agree with the GCU, he should not use the website.


ARTICLE 5. ACCESS AND BROWSING

The User must have the appropriate equipment and Internet access, which are its sole responsibility and at his sole expense, to access and browse the website.

GOTO GAMES implements the technical solutions at its disposal to provide access to the website 24/7 as it is under an obligation to use its best endeavours. However, it may suspend, limit or interrupt access to the website or some of its pages to update or modify its content, or for any other action deemed necessary in order to ensure the proper functioning of the website.

By accessing and browsing the website www.funbridge.com, the User accepts these GCU without reservation, whatever technical means of access and terminals are used.

The present GCU apply, as and when appropriate, to any expansion or extension of the website on existing and future social and/or community networks.


ARTICLE 6. WEBSITE MANAGEMENT

To ensure the proper management of the website, GOTO GAMES may at any time:


ARTICLE 7. SERVICES RESTRICTED TO REGISTERED USERS

The User must register to access certain services, especially chargeable services.

Only natural persons who have legal capacity and have filled in and validated the registration form available in all versions of the software Funbridge and in the present General Conditions of Use can register and access the website services.

Upon registration, the User undertakes to provide accurate, true and updated information on himself and his civil status. The User must also check and update such information regularly to keep it current.

The User must therefore provide a valid email address to which the website will send him a confirmation that he has registered for its services. An email address cannot be used several times to register for services.

As a result, any communication made by www.funbridge.com is considered to have been received and read by the User. The latter undertakes to regularly check for incoming emails received at this email address and to reply within a reasonable period of time if necessary.

Only one registration for the website services per natural person is allowed.

The User is assigned an ID allowing him to access a dedicated area (access is strictly restricted to the User) in addition to the password protection.

In any case, www.funbridge.com reserves the right to refuse a registration request in the event the User does not comply with the provisions of the present General Conditions of Use.


ARTICLE 8. LIABILITY

GOTO GAMES assumes responsibility for the content it publishes only.

GOTO GAMES shall not be held liable for:

The Parties expressly agree that GOTO GAMES shall not be held liable for the damage resulting from:


Moreover, the website cannot guarantee that the information being available on it is accurate, complete and up to date.

The User is responsible:


ARTICLE 9. HYPERTEXT LINKS

The website may contain hypertext links to other websites over which www.funbridge.com has no control. Despite prior and regular checking by GOTO GAMES, the latter accepts no responsibility with regard to the contents available on such websites.


ARTICLE 10. DATA COLLECTION

This website has been declared to the CNIL (French Data Protection Authority).


ARTICLE 11. COOKIES

The website may use “cookies” to collect statistical data about the number of visits to the website, facilitate navigation and improve the service for the User’s comfort. The User can configure his browser to refuse these cookies.


ARTICLE 12. INTELLECTUAL PROPERTY

All website content (texts, graphic elements, images, pictures, sounds, videos and computer applications) is the exclusive property of GOTO GAMES and is protected under applicable copyright legislation.

Any representation, reproduction, adaptation or use, in whole or in part and by any means, of the contents, trademarks and services available on the website without the prior express and written authorization of GOTO GAMES is strictly prohibited and is likely to constitute an infringement as defined in articles L.335-2 and following of the French Intellectual Property Code, with the exception of the elements expressly designated as not protected by copyright on this website.

Access to the website does not imply an acknowledgement of any right and generally speaking, does not confer any intellectual property rights on any website element. The website remains the exclusive property of GOTO GAMES.

The User shall not introduce data that would change or would be likely to change the website content or design into the website.



GENERAL CONDITIONS OF SALE

INTRODUCTION

The website is published by the Seller, GOTO GAMES, having its head office at 3 Avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France, and registered with the Corp. & Trade Reg. of Lille Métropole under No.509567681, with Intra-Community VAT No.FR30 509 567 681.

The following provisions are aimed at defining the General Conditions of Sale on the website www.funbridge.com.

The present General Conditions of Sale (hereinafter referred to as “GCS”) define the contractual rights and obligations of GOTO GAMES and his Customer in relation to distance and electronic selling of software products.

Only a natural person of legal age and capacity can buy a product. Under-18s cannot buy a product without prior authorization from their legal representatives.

The GCS only govern the relationship between GOTO Games and the Customer in relation to the purchase of a software product via the website.

They express the entire obligations of the parties. The Customer is deemed to have accepted them unreservedly or else his order will not be validated.

When in doubt about any conditions of sale, normal practice in the area of distance selling by companies having their head offices in France and the French Consumer Code apply.


ARTICLE 1. ONLINE SHOP

Via the website, GOTO GAMES provides the Customer with an online shop presenting the products on sale accurately.

Prices and taxes associated with the sale of products are indicated in the online shop.

The technical requirements necessary to make the best use of the products are also brought to the Customer’s notice. It is the Customer’s responsibility to ensure that the product meets his needs but also that his equipment, configurations and connection are compatible.

The products of GOTO GAMES are virtual. Associated credits (e.g. deals packs and subscriptions) are automatically added to the User’s account after his purchase.

Our customer service can be contacted via the contact page of the website.


ARTICLE 2. PRICE

GOTO GAMES reserves the right to change prices at any time and publish them on the website.

Only the prices shown when placing the order shall apply.

Prices are all taxes included and given in Euros, US dollars, British pounds and Swiss francs.

Prices include applicable taxes on the date the order is placed and any change in the rate will automatically be reflected in the price of the products in the online shop. Should one or more taxes or contributions be imposed or modified, whether upwards or downwards, this change may be reflected in the selling price of the products.

The total amount of the order (all taxes included) is shown before final confirmation of the order by the Customer.

Payment must be made in full at the time of placing the order.

Prices are per single personal licence for the Customer.


ARTICLE 3. ONLINE ORDER

After clicking on “Shop”, to order one or several products, the Customer selects his country and currency. Upon confirmation of the offer selected, he will thus be able to check the price excluding VAT, the desired quantity and the applicable VAT. Upon confirmation of the offer selected, the Customer will be requested to enter his geographical location. Thereafter the Customer will be requested to enter his postal address. GOTO Games recalls that the Customer is solely responsible for the information he provides. The Customer therefore undertakes to provide accurate information. GOTO Games cannot be held liable for any delay in delivery or failure to deliver in case the Customer provides false information, whether deliberately or not. Finally, upon confirmation of the order, GOTO GAMES details the content of the order and shows the different payment methods available. We strongly advise the Customer to double-check the information provided. Thereafter and after payment, the Customer will receive a confirmation email at the email address provided at the time of placing the order. Order confirmation implies full and entire acceptance of the present conditions.

The Customer shall accept the present General Conditions of Sale by clicking where indicated for the order to be validated.

GOTO GAMES reserves the right to block the Customer’s order in case of non-payment, a wrong address has been provided or any other problem on the Customer’s account until the problem is solved. The Customer will be notified by email by GOTO GAMES.


ARTICLE 4. PAYMENT AND ORDER CONFIRMATION

This is an order with a payment obligation, which means that placing the order implies payment by the Customer.


4.1 PAYMENT

GOTO GAMES has established a procedure for checking orders and payment methods to reasonably protect itself from any fraudulent use of a payment method, which includes asking the Customer to log in.

In case payment authorisation by credit card is refused by accredited bodies or in case of non-payment, GOTO GAMES reserves the right to suspend or cancel the order.

GOTO GAMES also reserves the right to refuse an order placed by a buyer who has not paid a previous order, completely or partially, or with whom a payment dispute is in progress.


4.2 CONFIRMATION

Upon receipt of the purchase confirmation and payment made by the Customer, GOTO GAMES sends the order and payment confirmation to the latter at the email address he has provided.

GOTO GAMES is obliged to send an invoice to the Customer once the order is validated.

For any question about his order, the Customer can contact the customer service:


ARTICLE 5. RIGHT OF WITHDRAWAL

Under Article L.121-20 of the French Consumer Code, the Customer as a consumer has fourteen full days to exercise his right to withdraw from the date he subscribes, without having to provide a valid reason nor pay any penalties, except return charges if need be. When the Customer expressly requests to exercise his right to withdraw before the end of the withdrawal period, it triggers the reimbursement, by GOTO GAMES, of the difference between the amount paid and the amount for the service provided until he has informed the company of his decision to withdraw, calculated in proportion to time.

To exercise his right to withdraw, the Customer shall fill in the attached form and send it back to GOTO Games at the following address: GOTO GAMES, 3 Avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France. Or he can make any other clearly worded statement expressing his decision to withdraw. GOTO GAMES shall acknowledge receipt to the Customer without delay.

Article L.221-28 of the French Consumer Code excludes from the right of withdrawal digital content not provided on a material support whose performance has begun with the Customer’s prior and express consent and waiver of his right of withdrawal.


ARTICLE 6. LIABILITY

GOTO GAMES is under an obligation to use its best endeavours only as regards the commitments listed in the present conditions.

The Customer shall be aware of the technical uncertainties intrinsic to the Internet and interruptions of Internet access that may result while using the products. As a result, GOTO GAMES shall in no way be held liable for any unavailability of the Internet connection or slower Internet connection affecting the products.

GOTO GAMES shall not be held liable for any indirect damage or loss, expected loss of profits or savings, loss of revenue, damage to the image that do not directly and exclusively result from its failure.

In any event, the Parties agree that the total amount of the sums that may be borne by GOTO GAMES in the case where it would be held liable for any reason whatsoever will be limited to the amount of the sums actually paid by the Customer to GOTO GAMES in the 12 months prior to the event giving rise to the damage.

For his part, the Customer is responsible for any damage, of material or immaterial nature, direct or indirect, to third parties, including GOTO GAMES, resulting from the illegal use of the products, regardless of the cause and location where the damage occurs.

The User protects GOTO GAMES from the consequences, claims or actions that the company may be faced with.


ARTICLE 7. INTELLECTUAL PROPERTY

By ordering a product from GOTO GAMES, the Customer is granted a non-exclusive licence to make use of the relevant software product. This licence is granted for the whole duration of protection of intellectual property rights, for worldwide use.

This licence allows the use of the software product on one work station and by one user.

The Customer is prohibited from accessing the source codes of the software product, any reverse engineering operation and overall, any intervention, modification, adaptation, etc. of the product.

Intellectual property rights (trademark, copyright, databases) to the product remain in any case the exclusive property of GOTO GAMES.


ARTICLE 8. TERMINATION

The Customer can terminate his subscription under the following conditions:

- Subscription with tacit renewal for a duration of one, three, six or twelve months:

In the case of subscriptions with tacit renewal for a duration of one, three, six or twelve months, the User will be notified of the date of the automatic renewal of his subscription by email from 30 days to 3 months prior to this date. When the Customer decides to cancel the Service, he can do so 24 hours before the subscription expiration date on the Funbridge website in the section “Shop” or he can write to the company GOTO GAMES at the following address: GOTO GAMES, 3 Avenue Antoine Pinay, Parc d’Activités des 4 Vents, 59510 Hem, France.

- Subscription without tacit renewal:

The Customer can choose the minimum term of subscription (3 months, 6 months or 12 months). Therefore there is a subscription obligation involved until the end of the subscription. The Customer keeps the possibility of terminating his subscription early. However, GOTO GAMES will not entertain any request for reimbursement.


ARTICLE 9. DATA PROTECTION

GOTO GAMES informs you that your personal data is processed for customer relationship management purposes and in order to help you use the products on sale.

Data processing has been declared to the CNIL (French Data Protection Authority) by GOTO GAMES under No.1407175.

Data is kept for the duration of the contractual relationship with GOTO GAMES.

The data processed is not transferred to countries outside the EU. It may be disclosed to the technical service providers working with GOTO GAMES and linked by contract with the company, which are under an obligation to ensure the security and confidentiality of the data entrusted to them.

In accordance with the Law No.78-17 of 6 January 1978 on information technology, computer files and civil liberties, the Customers of the company GOTO GAMES have the right to access, delete and amend any personal information. They can exercise this right, providing evidence of their identity, by post at GOTO GAMES, 3 Avenue Antoine Pinay, Parc d'activités des 4 Vents, 59510 Hem, France. They will receive an answer within one month maximum.


ARTICLE 10. FORCE MAJEURE

GOTO GAMES’s performance of its obligations is suspended in the event of an act of God or force majeure preventing it from fulfilling its obligations. GOTO GAMES will notify the Customer of such an event as soon as possible.


ARTICLE 11. EVIDENCE

The computerised records stored in the computer systems of the company GOTO GAMES or its partners in reasonably secure conditions shall be considered as evidence of communications, orders and payments between the Parties.


ARTICLE 12. WAIVER

It is formally agreed by the Parties that any waiver by one of the Parties of the enforcement of all or part of the obligations set forth in the present conditions, whatever the frequency and duration, cannot be construed as modification of this agreement or as conferring any right whatsoever.


ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION

All clauses in these General Conditions of Sale are governed by French law.

Any controversy between the Parties concerning the interpretation or application of this agreement shall be settled through direct negotiations between the Parties as explained below prior to taking the case before the competent court.

With a view to bringing about a resolution of the dispute arising from the performance of the present contract, the Customer agrees to first contact GOTO GAMES at the address given above. The Customer will explain the dispute for which he contacts GOTO GAMES with supporting documents. On that basis, GOTO GAMES undertakes to reply to the Customer as soon as possible to find an amicable solution.

If the Parties cannot agree on a compromise or solution within thirty days from the receipt of the reply from GOTO GAMES, the dispute will be brought before the competent courts.

The courts of Lille shall have exclusive jurisdiction, notwithstanding multiple defendants or introduction of third parties, even in case of emergency interim proceedings.


ARTICLE 14. SPECIAL CONDITIONS, PLAYER’S SUSPENSION AND/OR EXCLUSION

The User declares that he has read and understood Funbridge internal regulations and undertakes to comply with them or he will face penalties.


ARTICLE 15. COMING INTO FORCE

The present general conditions came into force on 18 October 2016.


ATTACHED FORM: Standard withdrawal form


STANDARD WITHDRAWAL FORM


(Complete and return this form only if you wish to withdraw from the contract.)


To:

GOTO GAMES

3 Avenue Antoine Pinay

Parc d’Activités des 4 Vents

59510 Hem - France

+33 3 59 61 66 00

I hereby give notice that I withdraw from my contract of provision of the following services:

Product(s) purchased:
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified in writing):
Date:



LEGAL NOTICE

The Funbridge website, accessible at www.funbridge.com, is published and operated by the company GOTO GAMES, with share capital of €66,803, registered with the Corp. & Trade Reg. of Lille Métropole under No.509567681 and having its head office at 3 Avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France. Phone: +33 (0) 328 328 099. Intra-Community VAT number: FR 30509567681.

The managing editor is Mr Pierre Dreulle.
The website is hosted at the premises of the company GOTO GAMES. Part of the downloads is hosted at the premises of OVH, having its head office at: 2 rue Kellerman 59100 Roubaix (France).

GOTO GAMES collects information about you when you register your software, create an account to access an online service and make an electronic payment (title, company, last name, first name, email address, postal address, phone number, fax number). This data is not passed on to third parties but may be used to send you information and exclusive promotional offers from GOTO GAMES. You can unsubscribe at any time by clicking on the link provided for the purpose. Only our company will receive the information you provide.

In accordance with the provisions of the Law of 6 January 1978 on information technology, computer files and civil liberties (amended by the Law of 6 August 2004 on the protection of individuals with regard to the processing of personal data), you have the right to access, amend and delete any personal information collected about you. This right can be exercised by contacting us via the contact form on our website or by post at: GOTO GAMES, 3 avenue Antoine Pinay, Parc d’activités des 4 Vents, 59510 Hem, France.



FUNBRIDGE GAME RULES

Account creation

- When creating an account, you must imperatively provide a screen name without inappropriate connotation (e.g. asshole, fascist pig) and not leading to confusion (e.g. Funbridge, Moderator), as well as a valid email address.
- Only a picture displayed with appropriate margins and representing the member in a decent position without children is accepted in the Member profile. Images and pictures distinctly representing several people and which can be considered as shocking are not accepted on the website.
- You commit yourself to holding and using only one separate Member account.
Any account which does not meet these requirements will be deleted without prior notice.
- You are solely responsible for the use of your account and you commit yourself not to disclosing your password. Funbridge cannot be held responsible in any way for the fraudulent use of your account.

Personal data

- The different types of information that you enter in your Funbridge profile can be seen by all Internet users. Therefore you are solely responsible for not entering information that you do not wish to disclose (e.g. age, city, occupation, etc.).
- Funbridge reserves the right to collect and use data collected when an account is created in order to pass it on to the relevant authorities (justice, police, access provider) if required and in order to identify the Internet users who would contravene legal provisions.
- In accordance with the amended Law No.78-17 of 6 January 1978 on information technology, computer files and civil liberties, known as “Loi Informatique et Libertés”, you acknowledge that you understand that the personal data provided when you sign up is collected in the website database.
- In accordance with the Law No.78-17 of 6 January 1978 on information technology, computer files and civil liberties, known as “Loi Informatique et Libertés”, you have the right to access, amend and delete any personal information displayed in your Member profile. If need be, please contact Funbridge via the Contact page, specifying your request.

Behaviour within the Funbridge community

- Funbridge reserves the right to delete any comments or pictures which may be contrary to accepted standards of behaviour, offensive, discriminatory or insulting.
- The Funbridge Team is entirely free to make any appropriate decision that it considers necessary (data deleted, account suspended, exclusion).
- You are aware that you are solely responsible for the sentiments you express as well as your actions on the website and in the game software. You acknowledge that Funbridge cannot be held responsible in any way for the sentiments expressed by its members or their wrongdoing.
- You commit yourself to making sure that your language is appropriate by using the tools put at your disposal on the website. Obscene, vulgar, violent and racist language is totally prohibited. Text message style writing is to be avoided.
- You commit yourself not to posting any links to illegal or competing websites. You are aware that you are solely and fully responsible for the information that you share on the website. Any threat to the website or one of its users, by any means, may lead to the temporary or permanent member’s exclusion, and possibly prosecution. You commit yourself not to harming the website, its reputation or its members’ reputation.
- Funbridge reserves the right to temporarily block a player's access to Funbridge or exclude him (in the latter case, his subscription, except free months, will be reimbursed) for any behaviour contrary to accepted standards of behaviour or which may affect the running of the game. Here is a non-exhaustive list of such behaviours: cheating, lack of respect among players, defamatory comments about players and/or Funbridge (obscene or offensive language used when talking about robots will be considered as used when talking about a natural person), deliberate and abusive flooding (repeated messages) on the forum or any communication support, etc.