GENERAL CONDITIONS OF SALE

 June 1  , 2022

Preamble

The company BUONGIORNO, with a capital of 497.040 euros, registered with the Trade and Companies Register of Aix-en-Provence under number 430 325 811 / intra-community VAT number FR 80 430 325 811, whose registered office is located at 350 rue Denis Papin – Parc de la Duranne – Domaine du Tourillon – 13100 Aix-en-Provence – France (hereinafter the « Company » or « B!   » or « Buongiorno ») offers an offer allowing, according to the offer offered, the Customer to purchase and download entertainment games unlimited on 1000 HTML/Android games, to access newspaper articles and applications (hereinafter the « Content »).

Access to the services offered on the site https://www.fuzeforge.ca accessible on the mobile Internet (hereinafter referred to as the « Site ») implies unreserved acceptance of these provisions (hereinafter referred to as the « GTC »).

The Site is published by Buongiorno (hereinafter referred to as « B!   » or the « Company ») whose contact details appear in the « Publisher and Customer Service Info » menu.

Access to the services offered  by the Fuze Forge website: https://www.fuzeforge.ca (hereinafter the « Site ») implies unreserved acceptance of these provisions (hereinafter referred to as the « General Editions  « ).

All of B’s commitments!  in terms of the protection of personal data, the rights you have in this respect and the conditions under which your personal data are collected, processed, stored and archived are available on the site:

EN_RGPD_PolitiqueB2C_Smartmob_DGP

The GeneralConferences are drawn up in French/English and available online from the Site.  Buongiorno reserves the right to modify its GeneralConditions.

ARTICLE 0 : DEFINITIONS

GTC : refers to these general conditions of sale.

ISP : Refers to an Internet service provider.              

B !  :                            means the company Buongiorno.

Subscription:             means the subscription of the weekly or monthly subscription, for a minimum duration of one week or one month (depending on the offer subscribed) allowing to benefit from the Service and to access the Content in unlimited as part of the Subscription. The Subscription is renewed by tacit agreement for successive periods of one week or one month, as the case may be, until its termination by the User under the conditions specified in the GTC.

Service:                      refers to the offer of Content offered by B!  to Users accessible as part of the subscription of a Subscription.

Site:                            refers to the promotional website and/or Internet pages (« landing page ») published by B!  on which the Content is offered.

Promotional medium(s): means media on which B!  promotes its Service. These may include newsletters, websites, web pages, mobile banners.

Terminal:                   refers to Fixed Terminals and Mobile Terminals.

Fixed terminal: means any fixed terminal, present or future, connected to a radio telecommunications network, including in particular any computer (in particular PC, MAC type), compatible connected TVs allowing access to the Service.

Mobile terminal: means any mobile terminal, present or future, connected to a radio telecommunications network, including in particular any compatible smartphone, connected tablet allowing access to the Service.

User(s ): means the person(s) who have subscribed to the Service.

ARTICLE 1: PURPOSE

The purpose of these GTC is to govern the conditions under which the Service is offered to Users, this Service offers an offer allowing, according to the offer offered, the Customer to play and download entertainment games unlimited on 1000 HTML/Android games, to access newspaper articles and applications (hereinafter the « Content »).  Access to the services offered on the site https://www.fuzeforge.ca accessible on the mobile Internet (hereinafter referred to as the « Site ») implies unreserved acceptance of these provisions (hereinafter referred to as the « GTC »).

The mere fact of using the Service implies the pure and simple acceptance of these GTC by the User.

ARTICLE 2: CONDITIONS OF ACCESS TO THE SERVICE

2.1. Access to and use of the Service is reserved for natural persons of full age.

In the event that the User is a minor natural person, the User declares and acknowledges having obtained prior authorization from his parents or the holder(s) of parental authority to register and use the Service. The holder(s) of parental authority has agreed to be the guarantor(s) of the User’s compliance with all the provisions of these GTC. The holder(s) of parental authority are invited to monitor their children’s use of access to the Service and to keep in mind that the Service is designed to reach a wide audience. As their legal representative, it is the responsibility of parents to determine which Service is or is not appropriate for their child(ren) and to monitor their use of it.

For use from his place of work, the User must request permission from his employer or hierarchical superior.

2.2. To be able to access the Service, the User must, in particular:

– be the holder of an Internet subscription, and if applicable a mobile phone subscription or an android or IOS mobile terminal,

-subscribe to the Subscription on the Site, a promotional web page,

• comply with the conditions of use of its Terminal indicated by its manufacturer, and its mobile phone operator,
• check that the memory of his Terminal is not saturated,
• ensure the compatibility of its Terminal with the desired Content,
•  getting to https://www.fuzeforge.ca

Once the Subscription has been subscribed, the User will receive an SMS confirmation of registration for the Subscription including a service URL allowing him to access his Member Area and view Content of his choice. The User is billed  on mobile operator.

The Service is accessible to Users who subscribe to Telus telephone operators.

ARTICLE 3: CONDITIONS OF ACCESS TO THE SERVICE

The User must carry out the operations indicated below to subscribe to the Service (the Subscription) in order to be able to view the Content(s) of his choice a Content(s) the framework of the Service on his terminal.

• Payment by Mobile  Operator

The User is invited to subscribe to the Service by paying by the payment method of the mobile operator.

• The User selects Content on the Site or Promotional Support from B! .
• An Internet window of the operator opens, the user can confirm his phone number.
• The User validates subscription to the service by clicking « subscribe » and receives an SMS with the activation code.
• The User must confirm the activation code.
• The User receives a confirmation of his Subscription by SMS by his mobile operator.
• The User may consult at any time, via the Site or mobile applications, the list of Content.

ARTICLE 4: CONDITIONS OF CONSULTATION OF CONTENT and LEISURE CONTENT

• Duration of the Subscription 

A Subscription is concluded for weekly or monthly periods and is tacitly renewable for a subsequent period of one week or one month (depending on the initial duration of the Subscription subscribed) until termination by the User under the conditions mentioned in Article 5.5 hereof.

• Consultation of Content and Leisure Content as part of the Subscription

After subscribing to the Service, the User receives his access to his Member Area in which he can select the Content of his choice, to watch it streaming on all media.

The User can view as much Content as he wishes, among the Content offered.

• Period of validity of access to the consultation of the list of Contents

The User will be able to consult the selection of Content and view the Content(s) on all media and this, during the period of validity of his Subscription from his Member area.

ARTICLE 5: RATES AND PAYMENT

5.1. The rates applicable to the Service

The rates applicable to the Service are presented on the presentation screens of the Service and/or on the PromotionAl Materials. These rates are expressed in 4.99 CAD/weekly or 14.99 CAD/Monthly (excluding VAT) Any change in the applicable legal VAT rate will be automatically reflected in the price of the Service on the date provided for by the regulations.

The rate indicated does not include any additional cost related to the connection to the wap or Internet, charged in addition by the mobile operator.

The financial conditions applicable to the Subscription are governed by the general conditions in force at the time of subscription of the Subscription.

5.2. Means of payment

Payment for the Service subscribed to by the User is madeby deduction from the user’s mobile operator’s bill.

5.3. Withdrawal period

In accordance with Article L.221-18 of the Consumer Code, we inform the Customer that he has a period of fourteen (14) clear days from acceptance and subscription to the Service to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, if applicable, of return costs.

The period of fourteen (14) days runs from the day of conclusion of the contract.

To exercise his right of withdrawal, the Customer must notify us of his decision by means of an unambiguous declaration to be sent to us as soon as possible:

• e-mail: customer_ca@fuzeforge.ca;

Or by

• mail to be sent to the following address (does not require cancellation):

Service client – Buongiorno –  Libre Réponse 94119 – 13629 Aix en Provence 1 – France

By using the « Withdrawal Form » in Appendix 1 or available HERE.

Only one refund will be made per User. B ! reserves the right to request additional information if necessary.

In the event of withdrawal by the User from this contract, we will refund all payments received from him as soon as possible from the day on which the Company is informed of his decision to withdraw from this contract.

5.4. Unsubscribe from the Subscription

The Customer who wishes to unsubscribe is invited to refer to the provisions relating to this subject from the « Unsubscribe » or « Pricing conditions » section on the home page of the Site.

ARTICLE 6 – RESPONSIBILITY OF THE USER

The User undertakes, during the subscription procedure, to indicate complete data that complies with reality.

The User is informed that in the event of choice, erroneous or omitted information on his part or non-compliance with the subscription procedure, the price of the Service will be charged to him, even if the User’s e-mail address has not been duly entered or is inaccurate or if the User’s Terminal cannot read the Chosen Content.

The User is solely responsible for the use he makes of his mobile phone line of which he is the owner and his access to the Internet network. Therefore, any subscription to the Service made through his mobile phone line and / or mobile Internet access is deemed to have been made by the User exclusively.

The User is authorized to subscribe to the Service and to view the Streaming Content on Android Applications, IOS and Fixed Terminals for his personal use exclusively. In particular, the User is prohibited from using the Service for professional, commercial or promotional purposes.

The User is also prohibited from:

• assign, transmit, transfer reproductions of the Content or Leisure Content, assign, offer, make available, rent the Content(s) or The Leisure Content(s), by any means whatsoever;
• publish, online or offline or distribute any image, sound, file, graphic, animation or any other element of any Content or any Leisure Content,
• use the Service in a way that may directly or indirectly infringe B!’s intellectual property rights!  or a third party, who may in particular violate or transgress honour, personal or family intimacy, the image of third parties or morality,
• extract by permanent or temporary transfer all or a quantitatively or qualitatively substantial part of a Content or a Leisure Content or the base composing the Service on another medium, by any means and in any form whatsoever, as well as the reuse by the communication to the public of all or a quantitatively or qualitatively substantial part of the Content or the Leisure Content,  whatever its form,
• attempt to perform any of these acts.

ARTICLE 7: INTELLECTUAL PROPERTY

The User is informed and expressly acknowledges that any Content or any Leisure Content, graphic document or software offered as part of the Service, and more generally the entire Service are protected by the laws relating to intellectual property and are the property of B! , its assigns or the third party owner of the copyright. All rights of authors, composers and publishers of Content or Leisure Content distributed and reproduced on B’s websites!  and/or its promotional web pages are reserved.

Any use of such works other than for the private use of the Content or Leisure Content in accordance with the provisions hereof is prohibited.

The authorization to view the Content(s) granted to the User, in return for his payment, does not confer any title or property rights, which remain reserved to their authors and assigns. This authorization is granted on a non-exclusive, non-transferable and non-transferable basis. Any other use is expressly prohibited. In particular, the User is not authorized to copy, reproduce, translate, extract, modify, create derivative products of any Content or Leisure Content or any element composing the Service.

The trademarks, figurative or not (hereinafter together « the trademarks ») displayed on the Site or in any newsletter are trademarks, registered or not, belonging to B!  and to third parties. The mention of the trademarks, on the Site does not constitute in any way implicit or explicit, a grant of right of use, a license or any authorization relating to said marks without the written agreement of B!  or the third party concerned. Any use, not explicitly authorized by the owners, of the trademarks mentioned on the Site and in its content, other than that granted hereunder, is strictly prohibited. B!  warns against any legal action that may be taken by the latter to ensure the enforcement of its intellectual property rights, including at the criminal level.

ARTICLE 8: LIABILITY OF BUONGIORNO

Since the Service offered by Buongiorno is based on the use of complex technologies, no commitment of result can be made by Buongiorno or recognized against it in connection with the provision of the Service, the only commitments of Buongiorno being made within the framework of an obligation of means.

Buongiorno will make its best efforts to make the Service permanently accessible, except in cases of force majeure, events beyond its control and maintenance operations necessary to ensure the proper functioning of the Service.

Without prejudice to the foregoing, the User acknowledges that the Service is provided to him « as is » by Buongiorno and without implicit or explicit warranty of any kind, in particular with regard to the complete satisfaction of the User.

The User acknowledges in particular that he cannot engage the responsibility of Buongiorno in the event that he considers that the Service and / or its Contents do not comply with his expectations.

Notwithstanding any exemption from liability stipulated elsewhere in these GTC, Buongiorno cannot be held liable in the following cases:

• difficulties in accessing the Service due to total or partial non-compliance with an obligation of the User, the use by the User of terminal equipment not adapted to the characteristics of the Service or the Content offered, a failure and/or saturation of telecommunications networks or by third parties, and in particular telephone operators,
• contamination by viruses or any other risky element of the User’s Content, Service and equipment, or other malicious intrusion by third parties despite the reasonable security measures put in place by Buongiorno,
• misuse of the Service by the User,
• damage that may be suffered by the User’s equipment, which is under the full responsibility of the latter,
• infringement by a User of the rights of a third party, including infringement of intellectual property and copyright rights,

In particular, Buongiorno cannot be held responsible for any interruptions of the Services due to causes that are not directly applicable to it and/or that are beyond its control, for example due to malfunction of the telephone network.

As part of the provision of the Service, Buongiorno is thus required to use the services and distribution networks of third-party companies, over which it has no control.

Buongiorno cannot therefore be held responsible in particular for possible delays in the distribution of the Content ordered by the User, permanent or temporary interruptions in the transmission of data to the User’s Terminal, or any other service provided by a third party.

The Service may be suspended by Buongiorno for maintenance purposes for periods generally not exceeding 48 hours, without the Customer being able to demand any compensation.

Buongiorno may, at any time, cease the provision of the Service, in whole or in part.

It is expressly agreed that if Buongiorno’s liability  were to be retained, it would in any event be limited to compensation for direct damage only, to the exclusion of any indirect damage whatsoever (such as in particular disappearance, loss, deterioration of data and/or any damage likely to alter the User’s equipment).

The Site may contain images and links to websites operated by third parties (« Third Party Sites »). Buongiorno has no control over third-party sites and assumes no responsibility for their content, or in particular for the content of links presented in Third-Party Sites, or for changes or updates made to a Third Party Site.  Buongiorno is not responsible for webcasting or any other form of transmission received from a Third Party Site, or even for the malfunction of The Third Party Site(s). These links are provided by Buongiorno for convenience only, and the inclusion of any link does not imply that Buongiorno endorses the content of these sites or imply any association between Buongiorno and the operators of these sites. It is the Responsibility  of Users to consult any charter relating to the protection of privacy posted on third party Sites, as well as their conditions of use, and to comply with them.

Buongiorno strives to deliver the ordered products as quickly as possible. However, since Buongiorno must use the services and distribution networks of third-party companies, over which it has no influence in terms of availability, Buongiorno cannot therefore be held responsible for possible delays in the transfer of products ordered by the User for purchase via the subscription of a Subscription, nor for a temporary or permanent interruption of the transmission of data to the portable or fixed terminal of  the User if it is not the work of Buongiorno.  Buongiorno reserves the right to temporarily suspend access to the products for maintenance and repair work on the Site.

The use of the products available at Buongiorno requires the use of certain technical systems such as portable or fixed terminal, computer, computer program, means of transmission, telecommunications service and other services of third-party companies, which may incur additional costs. These costs are the responsibility of the User. Buongiorno does not provide any of these technical systems and is in no way responsible for them.

ARTICLE 9 : COOKIES

The User is invited to refer to the cookies policy accessible on the Site or by clicking here.

ARTICLE 10: AGREEMENT BETWEEN THE PARTIES

The GTC is a contract governing the relationship between B!  and the User. They cancel and replace all previous provisions and express the entirety of the rights and obligations of the User and B!  hereunder.

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

ARTICLE 11: CLAIMS

Any complaint addressed by the User to B!  may only relate to the twelve (12) months preceding the date of receipt of the said complaint. It must be formulated in writing and sent:

– or by post to the following address:

Service client – Buongiorno – Libre Réponse 94119 – 13629 Aix en Provence 1 – France (sending mail does not require cancellation)

– either by email to :customer_ca@fuzeforge.ca

B !  will not be required to take into account requests addressed to it through other channels.

To be admissible, any request must include at least the following elements:

– the full contact details (surname, first name, postal address, email) of the User ;

– the name of the department concerned;

– the subject of the request;

– the User’s telephone number and/or email address  as provided at the time of subscription;

– the payment method used;

– the mobile phone number;

– a copy of the payment operator’s detailed invoice;

– a bank identity statement.

ARTICLE 12 : GENERAL

The parties agree that their relations will be governed exclusively by these GTC, which are subject to French law.

 Appendix I: Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

— Attn: Service client – Buongiorno – Libre Réponse 94119 – 13629 Aix en Provence 1 – France (does not require cancellation) :

— I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below

— Ordered on (*)/received on (*)

— the name of the department concerned

— Name and surname of the User

— Postal and e-mail address of the User

— the telephone number and/or email address of the User as provided at the time of subscription

— the method of payment used

— the mobile telephone number

— a copy of the payment operator’s detailed invoice

— a bank statement.

— Signature of the User (only in case of notification of this form on paper to be sent to the following address: Service client – Buongiorno – Libre Réponse 94119 – 13629 Aix en Provence 1 – France (does not require cancellation)

— Date

(*) Delete the unnecessary mention.

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