Skip to content

Terms & Conditions

Last update date: October 20, 2021

 

BETWEEN:

 

The company ALPIUM SARL, with a capital of 8000 euros, whose registered office is located 112 Voie Albert Einstein, 73800 Porte-de-Savoie, registered in the Chambery 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, on any type of platform and medium of this site, hereinafter, individually or collectively, the “Site”,

 

On the one hand,

 

AND:

 

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

 

On the other hand,

 

GENERALITIES AND USER CONSENT

 

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

 

In order to use (and if necessary purchase, when paying) and/or use and/or subscribe to the Services, the User will follow the steps of the process indicated on the Site. He will fill in all the fields allowing him to identify himself, to choose the Services as well as the payment methods.

 

By using the Site and the Services, the User acknowledges and confirms that he/she has read, understood and accepted in their entirety, and without reservation, all of the present terms, obligations and conditions of use, sale and service, hereinafter referred to as 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 be applicable to any new purchase on the Site. Any modifications shall have no effect on purchases made on the Site prior to their publication, which purchases shall remain subject to the Terms & Conditions as accepted by the User at the time of validation of each purchase. The User is invited to read the Terms & Conditions each time he/she uses the Site's Services, without being necessary to formally inform him/her of this.

 

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

 

THE USER ACKNOWLEDGES THAT :

 

THE TREASURE HUNTS MADE AVAILABLE ARE MODELS TO BE COMPLETED AND A MODEL CANNOT BE ADAPTED TO EACH SPECIFIC SITUATION, IT IS UP TO THE USER TO VERIFY THE RELEVANCE FOR HIS PARTICULAR NEED.

THE USER IS RESPONSIBLE FOR THE CONTENT OF THE TREASURE HUNTS HE/SHE SHARES, REGARDLESS OF THEIR ORIGIN.

DEFINITIONS

 

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

 

Animation: means the animated infographic that is viewed by the player just prior to accessing the “final reward” page;

 

Account: refers to the private space on the Site to which the User has personal and reserved access, allowing him/her to consult, modify his/her information and access his/her personal treasure hunts;

 

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

 

Game Area: designates the succession of web pages that the player browses when solving a treasure hunt.

 

Clue: refers to a set of text and/or image and/or link to a page or document on the Internet. It is attached to a given riddle. It is used to give an indication to solve the riddle in question.

 

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

 

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

 

Player: any person who is invited by the User to participate to the game;

 

Escape-Gift Model: means a pre-populated and customizable Escape-Gift to allow the User to create an Escape-Gift quickly.

 

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

 

Final Reward: means a set composed of a text and/or an image and/or a link to a page or a document on the internet. It is seen by the Player once all the riddles of the Treasure Hunt have been solved.

 

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

 

  • The provision of a tool for the creation of digital treasure hunts;
  • The provision of customizable digital treasure hunt templates;
  • The provision of a service for sharing digital treasure hunt with players;

 

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

 

Style: means the visual composition (text colors, icons, wallpapers) of which the game is made.

 

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

 

  • Wedding announcement ;
  • Pregnancy announcement;
  • Birth Announcement;
  • Challenges between friends;
  • Parties;
  • Gifts;

 

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

 

PURPOSE

 

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

 

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

ACCESS, NAVIGATION AND CONTACT

 

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

 

The Company may, at any time, suspend, limit or interrupt the Site in order to proceed, in particular, to updates or modifications of its content. The Company undertakes to limit the frequency and duration of such suspensions, limitations and interruptions. The Company shall not be held responsible 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 shall not be held responsible 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 illegal purposes. The use of the Site, its content and its Services for commercial purposes is strictly forbidden without prior written consent from the Company.

 

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

 

USE OF THE SERVICES

 

5.1. Escape-Gift Models

 

The paid Service of using a track game model works as follows: the User selects an Escape-Gift model and is then invited to create an account free of charge or to log in if she/he is already a member. Once logged in, the User can customize the track model in his member area by deleting, modifying or adding elements.

 

The following elements can be modified:

 

  • Introductory word
  • Final Reward

 

The following elements can be deleted, modified, added:

 

  • Riddles
  • Clues

 

The User is solely responsible for the information he/she modifies, deletes or adds from an Escape-Gift model.

 

For the game to be functional, it must include at least an introduction word, a riddle and the final reward.

 

When this condition is met, the user is invited to test his game for free.

 

When the user is satisfied with his game, he 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 to his treasure hunt, to accept the Terms & Conditions and to proceed to the payment.

 

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

 

By sharing a generic registration link: anyone who clicks on this link will be able to register via a form by entering their nickname and email, within the limit of the number of players selected for the game in question. A unique game link will then be sent to the email address provided by the player.

By manually registering each player in the member area using a nickname and email address.

 

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

 

The User may at any time increase the maximum number of players who can register to his game. This action will result in a new shopping cart and a new payment.

 

The User can follow the progress of the players in live as well as the evolution of the scores by going to the “Results” tab.

5.2. Creating a treasure hunt

 

The paid Service of creation of a treasure hunt works as follows: the User selects the option “create my own treasure hunt” then is invited to create an account or to connect for free if he is already a member. Once connected, the User can create his own treasure hunt in his member area by deleting, modifying or adding elements.

 

The following elements can be modified:

 

  • Introductory word
  • Style
  • Final animation

 

The following elements can be deleted, modified, added:

 

  • Riddles
  • Clues
  • Final reward

 

The User is solely responsible for the information he/she modifies, deletes or adds in his/her treasure hunt.

 

For the game to be functional, it must include at least an introduction word, a riddle and the final reward.

 

When this condition is met, the user is invited to test his game for free.

 

When the user is satisfied with his game, he 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 his or her treasure hunt, to accept the Terms & Conditions and to proceed with the payment. Some options are offered and it may happen that the shopping cart is equal to 0€. In this case, no payment is required.

 

Once the payment is made and accepted, the User has the possibility to share the game either :

 

By sharing a generic registration link: anyone who clicks on this link will be able to register via a form by entering their nickname and email, within the limit of the number of players selected for the game in question. A unique game link will then be sent to the email address provided by the player.

By manually registering each player in the member area using a nickname and email address.

 

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

 

The User may at any time increase the maximum number of players who can register to his game. This action will result in a new basket and a new payment.

 

The User can follow the progress of the players in live as well as the evolution of the scores by going to the “Results” tab.

 

5.3 Sharing the Escape-Gift

 

The players that the User invites to play are registered using a pseudonym and an email address to which they receive a personal URL allowing them to access the Track Game.

 

The User acknowledges that Players need an internet connection to play the Track Game.

 

PRICES AND PAYMENT

 

The prices of the Services (Escape-Gift Model, Escape-Gift Style, limit of players who can register or other options) are clearly indicated at the time of payment of the price by the User.

 

The payment of the totality of the price must be made at the time of the validation of the order and only the current rates indicated at the time of the order will be applied. As soon as the payment is validated, the User receives a confirmation by e-mail containing a link to the post-payment page summarizing the Service purchased and making an invoice available to the User.

 

The prices are indicated in euros or dollars – excluding taxes and including all taxes. The 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 ensures to the Company that he/she has the necessary authorizations to use the method of payment he/she chooses and acknowledges that proceeding with the payment of the order to the Company constitutes proof of his/her ability and consent to the payment of the amounts due under the order.

 

The Company does not save the credit card details of the Users, only the proof of the transaction is archived.

 

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

 

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

 

In case of refusal of authorization of payment by credit card from the accredited organizations or in case 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 in full or in part for a previous order or with whom a payment dispute is pending.

 

RIGHT OF WITHDRAWAL

 

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

 

However, if during this 14-day period the User has already shared the Escape-Gift and Players have started to play, then the User waives his or her right of withdrawal.

 

REFUND POLICY – CANCELLATION

 

Any request for a change of decision, after payment, as to whether or not to continue sharing an Escape-Gift in compliance with the withdrawal mentioned in Article 7 will be handled as follows:

 

the User will be refunded in full within a reasonable time.

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

RESPONSIBILITY AND GUARANTEE

 

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

 

THE USER RECOGNIZES THAT :

 

THE TREASURE HUNTS MADE AVAILABLE ARE MODELS TO BE COMPLETED AND A MODEL CAN NOT BE ADAPTED TO EACH SPECIFIC SITUATION, IT IS THE RESPONSIBILITY OF THE USER TO VERIFY THE RELEVANCE FOR HIS PARTICULAR NEED.

THE USER IS RESPONSIBLE FOR THE CONTENT OF THE TREASURE HUNTS HE SHARES, WHATEVER THEIR ORIGIN.

 

Unless otherwise provided by law, the Company shall not be liable in the following cases:

 

Technical or computer failure, lack of compatibility of the Site with any hardware or software;

Occurrence of direct or indirect damage (the notion of “indirect damage” includes in particular any lost profit, loss of data, inaccuracy or corruption of files or of the User's data, loss of a chance, loss of clientele), material or immaterial, foreseeable or unforeseeable, resulting from the use or from the difficulties of use of the Site or the Services;

Lack of reliability or lack of security of information circulating on the Internet network;

Illicit use of the Site, without the Company having duly taken cognizance of it in the sense of the law n°2004-575 of June 21, 2004 for the confidence in the digital economy and the law n° 78-17 of January 6, 1978 modified relating to the protection of the physical persons with regard to the treatment of data in personal matter.

 

The User is responsible for :

 

  • The protection of his equipment and data;
  • The use he makes of the Site or its Services;
  • Any breach of the Term & Conditions by the User.

 

The Company guarantees to the User that all the information provided during the use of the Services is confidential, and will not disclose it to third parties, except for the needs of the execution of the Service, and will not use it for any purpose other than the execution of the Service.

 

In all cases, the Company's obligation with respect to the Services shall be limited to the use of its best efforts. 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 shall not be held liable for the destruction of the User's data.

 

INTELLECTUAL PROPERTY

 

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

 

The Site and its content, including and without limitation, all texts, data or information, files, images animated or not, photographs, denomination, videos, logos, drawings, models, software, trademarks, visual identity, graphic charter, database, structure of the Site and all other elements of intellectual property, hereinafter, the “Elements”.

 

Consequently, none of the Escape-Gifts may, in whole or in part, be reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, rented, represented or reused for a use that does not correspond to the one for which it was approved by the User, whether free of charge or in return for payment by a User or by a third party, whatever the means and/or media used, 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 shall be solely liable for any unauthorized use and/or exploitation. Any representation, reproduction, adaptation or partial or total exploitation of Escape-Gifts by any means whatsoever, without the prior, express, unequivocal and written authorization of the Company is likely to constitute an infringement within the meaning of Articles L.335-2 et seq. of the Intellectual Property Code.

 

Similarly, none of the Elements may 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, whatever the means and/or media used, whether known or unknown to date, without the express, unequivocal, prior 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 exploitation of the Elements, in whole or in part, by any means whatsoever, without the prior, express, unequivocal and written authorization of the Company is likely to constitute an infringement within the meaning of Articles L.335-2 et seq. of the Intellectual Property Code. Access to the Site does not constitute recognition of a right and, in general, does not confer any intellectual property right on any of the Elements, which remain the exclusive property of the Company.

 

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

 

INFORMATION ON THE USER'S E-MAIL AND CREATION OF AN ACCOUNT

 

The User is invited to create an Account when he/she wishes to create an Escape-Gift, this creation entails the acceptance, without any reserve, of the General Conditions.

 

To do so, the User must register by filling out the registration form at the time of his order and agrees to provide sincere and accurate information about him.

 

The User is solely responsible for updating the information provided. It is specified to him that he can modify them by connecting to his Account.

 

To access his Account and order history, the User will have to identify himself using his email and password that he will have chosen at the time of his registration and which are strictly personal. As such, the User is prohibited from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of it.

 

The User may also request to unsubscribe by going to the dedicated page on his Account or by sending an email to: contact@escape-gift.com. This will be effective within a reasonable time.

 

In case of non-compliance with the Terms & Conditions, the Company will have the possibility to suspend or even close the Account of a User after a formal notice sent by electronic means and remained without effect.

 

Any deletion of an Account, for whatever reason, will result in the deletion of all personal information of the User.

 

PLAYER INFORMATION

 

Players must have a personal Game Area to start playing, this Game area can be created in 2 ways:

 

1 – By the Player himself by filling out a form in which the Email and Nickname are mandatory, this creation entails the acceptance, without any reservation, of the Terms & Conditions.

 

2 – By registration by the User who fills in at least a nickname and an email for each Player.

 

The Player will be able to request the deletion of his personal data via a dedicated page whose link will be found in the Game invitation email or by sending an email to: contact@escape-gift.com. This will be effective within a reasonable time.

 

In the event of non-compliance with the Terms & Conditions, the Company will have the option of suspending or even closing a User's Account after a formal notice has been sent by email and has remained without effect.

 

Any deletion of an Account, for whatever reason, will result in the deletion of all personal information of the User.

 

PERSONAL DATA

 

The personal data of the User and the Players are processed by the Company, which acts as a data controller within the meaning of the Data Protection Act and as of 25 May 2018 of the Regulation 2016/679 on the protection of personal data, hereinafter “RGPD”.

 

The Company is committed to ensuring the protection of the User's personal data as well as the Players' personal data and all personal data obtained in the course of using the Services.

 

For more information on the use of cookies and the use of personal data by the Company, the User may consult the Company's Privacy Policy available at: https://www.escape-gift.com/politique-de-confidentialite

The legal basis for this processing is the execution 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 Escape-Gifts as part of the Services.

 

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

 

Personal data relating to the Services will not be kept beyond the time strictly necessary to achieve the purposes indicated.

 

Certain data that may be used to establish proof of a right or contract may be subject to an intermediate archiving policy for a period not exceeding the time required for the purposes for which they are 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, and in particular with European Union regulations on data protection. The data transmitted by the User is stored in an OVH data center in France. The data transmitted is not exported to non-EU countries.

 

In accordance with the French Data Protection Act and the RGPD, the User has, in accordance with the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, deletion as well as a right not to be subject to an automated decision including profiling. The User may withdraw his 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 file a complaint with the “Commission Nationale Informatique et Libertés.”

 

CLAIMS

 

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

 

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

 

No claim shall be validly accepted in the event of non-compliance with these formalities and deadlines by the User.

 

The Company will reimburse as soon as possible and at its own expense the 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.

 

TECHNICAL CONDITIONS

 

Prior to ordering any Services, the User must ensure that he/she has the necessary technical requirements, namely

 

  • an Internet access of sufficient quality,
  • a smartphone, tablet or computer equipped with an operating system and an Internet browser (Edge, Safari, Firefox, Chrome, … with the latest updates from the publisher)
  • a GSM network of sufficient quality to benefit from data communication services, if he has this option and wishes to benefit from it,

 

All of the above-mentioned equipment allowing access to the Services is the exclusive responsibility of the User.

 

The User acknowledges that players must also have the same technical requirements to be able to play. In particular, access to an Internet connection is required. It is the User's responsibility to ensure that the players of his or her Treasure Hunt have access to the Internet during the desired period of the Treasure Hunt.

 

The Company declines all responsibility in case of non-conformity of the User's and Players' equipment with the technical requirements. No cancellation or termination of the order will be admissible for lack of compatibility.

 

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

 

SINCERITY OF THE INFORMATION COMMUNICATED

 

The information communicated during the ordering process of the User's Services is essential to the proper processing of the order and the execution of the Services. Therefore, the User undertakes to provide true and sincere information and to keep it up to date, and the Company shall not be held responsible for the consequences of the communication of erroneous information.

 

FORCE MAJEURE

 

The Company's performance of its obligations under the Terms & Conditions shall be suspended in the event of the occurrence of fortuitous events or force majeure which would hinder or delay the performance thereof.

 

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals: total or partial strikes, internal or external to the Company and 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 the forms of marketing, blockage of telecommunications and any other event beyond the express control of the parties preventing the normal execution of the General Conditions.

 

The Company shall not be held responsible for the non-performance of the Terms & Conditions or the Services due to the occurrence of a case of force majeure.

 

The Company and the User shall have the right to terminate the Terms & Conditions by operation of law in the event of force majeure lasting more than two (2) months.

 

SEVERABILITY OF CLAUSES

 

If one or more stipulations of the Terms & Conditions are declared null and void, non-existent or unenforceable, the validity of the General Terms and Conditions shall not be affected. The other clauses will continue to be effective.

 

WAIVER

 

The fact that the Company does not avail itself, temporarily or permanently, of the application of one or more stipulations of the General Terms and Conditions may not be interpreted as a waiver by the Company of its rights for the future, as exempting the User from fulfilling the obligation(s) contained in the said stipulation(s) and as a waiver by the Company of its right to avail itself of the rest of the Terms & Conditions.

 

APPLICABLE LAW AND JURISDICTION CLAUSE

 

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

 

In the event of any dispute arising in connection with the performance, termination or conditions of these Terms & Conditions, the parties shall endeavor to settle their dispute amicably.

 

The User is informed that he/she can in any case resort to a conventional mediation, with the existing sectorial mediation authorities whose references appear on the site https://cm2c.net/ or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.

 

Contact details of the mediation body:

 

CM2C, 14 rue Saint Jean, 75017 Paris

Tel : 06 09 20 48 86

E-mail address: contact@cm2c.net

Subject to the applicable legal provisions of public order, any dispute related to or resulting from the validity, execution, interpretation or formation of the Terms & Conditions will be subject, as a priority, to a request to the Company to obtain an amicable solution and, failing conciliation, to the exclusive jurisdiction of the courts of Chambéry (France).