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Terms of services

GENERAL TERMS OF USE

Article I. PREAMBLE

Partouche, Gambling company, represented by its current president, Partouche (hereinafter referred to as "Partouche"), publishes the video game and digital services platform, accessible at the address https://jokerclub.club (hereinafter referred to as "Partouche" as this term will be defined below).

More information about Partouche can be found in the "About Us" section of Partouche.

Partouche allows its users (hereinafter referred to as "User(s)", as this term will be defined hereinafter) to play video games of any kind (hereinafter referred to as the "Game(s)"). Partouche also allows to improve the Users' gaming experience by offering innovative Gamification (as defined hereinafter) and retention systems, and offers community and streaming tools around the Games using Partouche as a broadcasting platform.

Any visit, use in any way whatsoever, and registration on Partouche by a User necessarily implies adherence to these general terms and conditions of use (hereinafter referred to as "GTC"), and all other rules, policies and operating procedures that the User may consult at any time by visiting Partouche, which apply in addition to the terms and conditions made available by Partouche partners (hereinafter referred to as "Partners").

Contacts:

  • Email address: [email protected]
  • Telephone number: +380991215922
  • The director of the publication and editor is Partouche.
  • Host:

Article II. DEFINITIONS

Each of the terms mentioned below shall have the meaning given in its definition, namely:

  • "Partouche": means the online web platform available at https://jokerclub.club, or any other address that may be substituted for it;
  • "Account": refers to the interface that allows the User, upon subscription, to access available Offers, additional Services, and to consult and/or modify his/her personal information;
  • "Content(s)": refers to all the information and textual, audio, visual, multimedia and audiovisual content published on Partouche or composing it, including but not limited to the structure and pages of Partouche, editorial content, texts, comments, messages, icons, photographs, videos, animations, sections, drawings, illustrations, images, audio clips, software, scripts, source codes, databases, functionalities, software;
  • "Contract": means all the contractual documents as listed in article 4.02 "Enforceability of the GTC" below;
  • "Personal Data": means any information relating to a natural person who is identified or identifiable, directly or indirectly, by reference to one or more elements that are specific to him or her (in particular his or her name, telephone number, e-mail address, without this list being exhaustive);
  • "Intellectual Property Rights": refers to all intellectual property rights (including copyrights, trademarks, designs, patents, company names, database protection, rights relating to computer programs, neighbouring rights) relating to the creation and management of any Content, accessible via Partouche, protected by laws, treaties and international conventions;
  • "Gamification": means all the tools made available to the Users in order to improve their experience on Partouche, in particular the possibility to win virtual, real or monetary rewards by reaching a certain level in a game or by playing several games simultaneously;
  • "Game(s)": means all video games made available to Users on Partouche, belonging to Partouche, and/or to a Partouche licensor;
  • "Offer(s)": means all goods, services, discounts, coupons, rebates, or other preferential offers to the Users through Partouche;
  • "Partner(s)": means any legal entity, whose field of activity is related to the provision of goods and services to consumers, such as, but not limited to, video game studios, video game publishers, streamers, influencers, using Partouche as a digital marketing tool in accordance with the terms and conditions listed in the advertising and digital marketing contracts with Partouche;
  • "Party" or "Parties": means, depending on the context, individually or collectively, the User and/or Partouche;
  • "Service": refers to all the services as well as to certain individual services offered to each User by Partouche via Partouche, and more particularly to the possibility offered to the User to have access to Partouche, to the Games, to the Offers and to subscribe to an Account, as well as the possibility to contact Partouche;
  • "User(s)": means any person who visits Partouche, and/or uses one of the Services;

Article III. PURPOSE OF THE GCU

The purpose of the present GTC is to define the conditions of use of Partouche by the Users in the context of the provision of and access to the Services offered and apply, without restriction or reservation, to the use of Partouche.

Article IV. TERMS AND CONDITIONS OF APPLICATION OF THE GGU

4.01 Scope of application of the TOS

The present GTU are written in French language. They specify the terms of use of the Services by the User, and the terms of subscription to an Account.

The Services are provided by Partouche worldwide.

Partouche is in no way responsible for the commercial practices implemented on other sites of other companies, or Partners, to which the User would have access through hypertext links, logos, buttons, advertisements etc., located on Partouche. The User acknowledges that their content is not under the control of Partouche. It is up to the User to refer to the general conditions of the said sites, companies or Partners, before contracting their services.

4.02 Enforceability of the GCU

These GTUs and their appendices, including, in particular, the Charter relating to the protection of personal data and the Cookies Policy, subject to these GTUs and validated concomitantly with these GTUs, constitute the contractual documents enforceable against the Parties, to the exclusion of all other documentsprospectuses, catalogues or photographs which are only indicative.

The GCU are considered to have been read and accepted, without restriction or reservation, by the User prior to using the Services.

The User declares that he/she has read the present GTU in their entirety and accepts the obligations to which he/she is bound; in the absence of such acceptance, the User may not use the Partouche Services.

The present GTU replace any previous agreement or contractual document that may bind Partouche and the User. The User may keep a copy by printing the present GTC, which will also be available at any time at https://jokerclub.club.

4.03 Modification of the GTU

Partouche reserves the right to make changes to Partouche, its Services, its procedures, and its TOS, as needed, according to the evolution of Partouche, the Services offered, and the legislation, at its sole discretion.

The use of Partouche and the Services is always subject to the most recent version of the TOS posted on Partouche and accessible to the User at the time of this use.

It is the User's responsibility to consult the TOS as often as necessary, and to carefully read the latest version of the TOS and its annexes.

Partouche may also make changes and improvements to the editorial content at any time. The User acknowledges that the content of Partouche may vary as needed. All these modifications and improvements will benefit the User. All these guidelines or rules are deemed to be included by reference in the TOS.

Date of update of the TOS: 01.02.23

In case of doubt or question, the User may contact Partouche at any time by one of the means provided in the "Contacts" section as mentioned in Article I "Preamble".

Article V. CHARACTERISTICS OF THE SERVICES

The User shall have access to Partouche in order to, in particular:

  • Contact Partouche via the contact form available on Partouche in the "Contact" section by providing his/her name, first name and e-mail address, together with his/her message and, if applicable, the name of the company, the subject of the request and the telephone number, in order to address a complaint or any other question;
  • Use the Games;
  • Accessing the Offers;
  • And any other functionality that may be substituted for it.

Article VI. CONDITIONS OF USE OF Partouche

The User is personally responsible for setting up the computer and telecommunication means to access Partouche.

In this respect, it is the User's responsibility to protect his technical equipment, in particular against any form of contamination by viruses and/or intrusion attempts, Partouche not being held responsible in any case.

The User remains solely responsible for the installation, operation and maintenance of its technical equipment necessary to access the Services.

In no case Partouche shall be held responsible if the proposed features are incompatible or malfunction with some of the User's software, configurations, operating systems or equipment.

Furthermore, all costs that the User may incur in order to access Partouche are at the User's sole expense and cannot be charged to Partouche for any reason whatsoever. The User is responsible for the telecommunication costs related to the access to the Internet and to the use of Partouche.

Access to Partouche, the Games and the Services is free of charge. The said free access only covers the access to Partouche, the Games and the Services; the said features may generate costs related to the User's access to the Internet, which depend on the User's Internet operator.

Access to the Games implies the User's consent to the present GTC, its annexes, in particular the Personal Data Protection Charter and the Cookies Policy, which are subject to the present GTC and validated at the same time as the present GTC, as well as to the additional conditions specific to each Game established by Partouche when it is the owner of the Game, or by a Partner who owns a Game.

Access to Partouche, to the Games and to the Services does not commit the User to subscribing to the Partners' paying offers.

Through certain Games, the User may purchase certain goods, services, or virtual features designed to enhance the User's performance. When the User makes purchases on Partouche, additional conditions may apply.

Any use of Partouche implies that it is made by a natural person, in his/her own name, who is at least 16 years old and/or has reached the legal age of majority in his/her country and is not protected in the sense of article 488 of the Civil Code, or who has parental authorisation by transferring to us a copy of the identity document of the legal representative to do so at the address [email protected].

Article VII. ACCOUNT SUBSCRIPTION

7.01 Terms and conditions for subscribing to the Account

Registration and access to an Account are free for the User.

To register, the User must provide a valid e-mail address and a password.

The User undertakes not to use a pseudonym that could be detrimental to public order or infringe on the rights of third parties (use, in particular, of patronymic names, titles or works protected by copyright or neighbouring rights, trademarks, company names).

Any subscription to an Account implies the User's consent to these GTC and its appendices, and that it is made by a natural person, in his own name, who has the capacity to contract, i.e. who is at least 16 years old and/or has reached the legal age of majority in his country and is not protected within the meaning of Article 488 of the Civil Code, or who has parental authorisation by transferring to us a copy of the identity document of the legal representative for this purpose at the address [email protected].

The User undertakes to provide only accurate, current and complete information, the accuracy, sincerity and reliability of which he/she guarantees at all times, and to update said information in order to maintain its accuracy, relevance and completeness.

Partouche reserves the right to refuse and/or require the correction of the chosen pseudonym, and to suspend access to the Services if any information provided during the registration to Partouche, or afterwards, proves to be inaccurate, outdated or incomplete. Each User may only open one and only one Account and undertakes not to create other Accounts in a fraudulent manner. Partouche reserves the right to suspend or delete the fraudulent Account and the User's Account, if he/she creates more than one (1) Account or if any information provided during the registration procedure or afterwards proves to be inaccurate, obsolete or incomplete.

An Account is opened in the User's name at the end of the registration process on Partouche.

7.02 Terms and conditions of use of the Account

The User can only access his Account by using his email address and password.

The User is responsible for the confidentiality and protection of his password and agrees not to reveal it to third parties. He/she shall be solely responsible for any activity or action on his/her Account, whether or not he/she has authorized such activity or action. The User shall immediately report to Partouche any unauthorized use of his Account to the Partouche contact email address as recalled in the preamble.

The User acknowledges that the actions carried out on his Account will be imputed to him when his registration e-mail and password have been activated, in the absence of any request to revoke the compromised password.

Partouche undertakes to manage the Users' Accounts and reserves the right to delete, block or suspend access to the Users' Accounts in case of proven compromise or in case of suspected compromise concerning the password.

An Account is considered inactive after two (2)years without connection by the User to Partouche. Partouche reserves the right to delete the inactive Account after prior information of the User, who may object, by expressly stating his will in this sense, to the deletion of his Account. To this end, an electronic message will be sent to the User to warn him/her of the inactivity of the Account and to ask him/her to connect before a previously fixed date.

The deletion or blocking of the Account results in the loss and/or disappearance of all information, and Offer stored in the Account. The User is not entitled to any damages for any loss in the event that his Account has been deleted and/or blocked, including in respect of Offers unlocked by the User that have not yet been activated, insofar as such deletion is the consequence of the User's actions.

The User will be entitled to a new registration, which will however be subject to the prior assessment of Partouche. In the event that an Account has been deleted or blocked due to a proven or alleged breach of these GTC, of one of its annexes, or of the applicable legislation, the User may be refused a new registration.

The User may delete his Account at any time by sending an e-mail to Partouche or directly via the "delete my account" button in the "My Profile" section of Partouche.

Article VIII. ADVERTISEMENTS - OFFERS

8.01 Terms and conditions of access to Offers

Partouche allows Partners to display their advertisements in certain dedicated areas of Partouche.

Offers can be sent to Users on Partouche, through a Game or by e-mail, displaying, if necessary, the logo, the slogan or an advertising banner highlighting the Partouche Partner behind the Offer, the service and/or the product offered, a Golden Ticket or any other information related to the Offer and useful to the User.

The User who authorizes it, may also receive short automated pop-up messages sent by Partouche, through a Game, a mobile phone application and/or directly on the User's mobile phone, as an advertising tool to send him/her updated Offers (hereinafter referred to as "Push Notifications").

Users may, with their prior consent, be targeted by Push Notifications, based on criteria chosen by the Users in order to receive targeted Offers and/or advertisements. These criteria include: (i) geolocation; (ii) gender; (iii) age; (iv) interests, or other personal preferences. The choice of criteria is left to the sole discretion of the User. The User may choose not to provide this information by disabling this feature.

Some Offerings may allow the User to link or access other websites, services or resources of Partners. These other sites, services or resources are not under the control of Partouche, and the User acknowledges that Partouche is not responsible for the content, functions or privacy practices of such sites, services or resources.

The User further acknowledges and agrees that Partouche shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Partner's website or resource.

Partners shall agree with Partouche on the Offers they wish to propose to Users.

Partouche is allowed to promote an unlimited number of Offers, unless the Partner specifies the maximum number or the validity period of the Offer concerned. In this case, the Offer placed by the Partner will expire when all Offers have been activated by the respective Users or the validity period has expired, as the case may be.

8.02 Terms and conditions of use of the Offers

Access to the Offers is free for the User.

Any access to an Offer implies the User's consent to these GTC, its appendices, in particular the Charter relating to the protection of personal data and the Cookies Policy, subject to these GTC and validated concomitantly with these, and to the conditions specific to each Offer established by the Partners, as well as being made by a natural person in his/her own name, having the capacity to contract, i.e. being at least 16 years of age and/or the legal majority in force in his/her country and not being protected within the meaning of Article 488 of the Civil Code, or having parental authorisation by transferring to us a copy of the identity document of the legal representative to do so at [email protected].

To benefit from the Offers, the User must have an Account, must participate directly or indirectly in the various promotions established by Partouche and its Partners, and may have to provide certain additional information.

The Offers available and accessible to the User are published on the main page of his Account.

The User has absolute discretion as to the Offer he chooses. He is free to use or not to use the Offers offered to him.

All Offers distributed via Partouche are subject to additional terms and conditions from the Partners. They are intended to govern the relationship between the Partners and the Users who subscribe to their Offers.

Users may activate any Offer proposed by the Partners through Partouche. To do so, the User must select the Offer he/she is interested in by clicking on it, and undertakes to carefully examine the conditions specific to the Offer established by the Partner concerning the use of its Offer.

Partners are solely responsible for the compliance of their Offers. Partouche will only examine the Offers from a linguistic and stylistic point of view before placing them on Partouche, without being responsible for ensuring their legal compliance. The inclusion of Offerings does not imply the approval of Partouche. If the User decides to subscribe to an Offer and to leave Partouche in order to access the Partners' websites, these T&Cs and its annexes shall no longer apply.

The Partners ensure that the Offers they place on Partouche are complete, accurate, valid, feasible and easily accessible to Users.

Any complaint from a User regarding the quality of the Offer, the transparency of the conditions of use of the Offer, the customer experience, the quality of the products or services purchased, the delivery conditions or any other part of the service provided by the Partner shall be addressed to the Partner and shall remain its sole responsibility.

The Partners undertake not to impose, in the context of the provision of the Offer, any additional fees, charges, conditions or restrictions that contradict or are incompatible with the conditions of use of the Offers as set out on Partouche.

Partouche reserves the right to refuse to publish, discontinue or withdraw an Offer, at any time, without delay, and at its sole discretion, in particular if it is aware of or may reasonably suspect that the Offer does not comply with applicable law or if the content of the Offer may have a negative impact on Partouche's reputation.

Article IX. OBLIGATIONS OF THE PARTIES

9.01General obligation of cooperation and information

Each Party undertakes to communicate to the other Party any useful information as well as any warning on risks of any nature that may affect the Services.

Within the framework of the execution of these GCU or of an amendment, each Party undertakes to collaborate actively and regularly with the other Party, and any third party that may be designated by one of the Parties.

In this respect, the Parties shall provide each other with a reasonable delay all documents or elements necessary for the execution of the GCU that are requested in writing by one of the Parties or any designated third party.

9.02 Warranties and obligations of Partouche

Partouche undertakes to implement the technical and human means necessary for the availability of the Services provided. In this respect, Partouche is only bound by an obligation of means, limited to the framework of the present document.

Partouche makes its best efforts to ensure the proper functioning of Partouche. Nevertheless, Partouche does not guarantee access to Partouche.

In case of difficulty, the User may inform Partouche by e-mail sent to the address mentioned in the preamble of the present document.

Partouche undertakes to implement all reasonable diligence in order to limit the risks related to a breach of security of the Services (intrusions, hacking, viruses). Insofar as the Internet is an open network, and therefore sensitive to a certain number of risks, Partouche cannot commit to a guarantee of access and unlimited availability of Service. The User declares to accept these risks.

Partouche undertakes to implement the necessary measures and means to preserve the integrity and availability of the data that are put online by the User on Partouche.

However, Partouche reserves the right to suspend access to Partouche when it deems that an event likely to affect the functioning or integrity of the Services requires it or in case of a case of force majeure in accordance with the present. The suspension shall be valid for the time necessary for the intervention envisaged.

In general, access to Partouche may, at any time, be subject to interruption, suspension, modification or maintenance without having to respect any notice to the User. Such interruption, suspension, modification or maintenance, whether scheduled or not, shall not give rise to any right of compensation to the User, and shall in no case engage the responsibility of Partouche.

Partouche does not guarantee any level of service or punctuality of Partouche, the Services, the Offers and the Push Notifications. Partouche reserves the right to interrupt them at any time and for any reason, including, but not limited to, technical maintenance, modification of the Partouche platform interface and/or of any content available on Partouche or through the automatic notifications.

9.03 Guarantees and obligations of the User

The User agrees to use the Services provided by Partouche in accordance with their purpose.

The User shall refrain from any action that could harm the image of Partouche, Partouche, and/or the distinctive signs belonging to it or to the Partners.

If necessary, the User acknowledges that the right to use Partouche and the Services is exclusively personal. In this regard, the User agrees not to use the Services for commercial, political or advertising purposes, or for any form of commercial solicitation, and to make normal use of the Services and to show courtesy in exchanges, as well as in any other way.

In any case, Partouche reserves the right to check at any time the compliance of the User with the GTUs and to terminate the authorisation to use the Services offered therein in case of non-compliance with any of the stipulations of the present GTUs.

Article X. LIABILITY OF THE PARTIES

10.01 Responsibility of Partouche

Partouche is responsible, within the framework of a simple obligation of means, in case of breach of the obligations incumbent upon it under the present TOS.

Partouche, in its capacity of technical service provider within the meaning of the Law for Confidence in the Digital Economy of 21 June 2004 (LCEN), in particular in its capacity of host of the data appearing on Partouche and provided by the User, may only be held liable on the basis of article 6-1-5 of the said law.

The responsibility of Partouche may not be incurred in the event of use of the Services that does not comply with the stipulations of these GCU or in the event of errors, failures or delays originating in a fault or failure on the part of the User.

In any case, Partouche shall not be liable for any indirect and/or related damages, such as, but not limited to: operating loss and other commercial, image or moral damages, originating from or resulting from the present TOS.

Partouche does not assume any responsibility resulting from the use of Partouche, from the actions of Users and/or from the interaction with other Users, including with regard to the decency of the User name used or the content of messages exchanged with Partouche or between Users.

In order to avoid any late claim, and in particular to allow Partouche to preserve the evidence, the User shall notify Partouche that he intends to implement his responsibility.

This notification shall, under penalty of foreclosure, indicate in a precise manner the errors, failures or delays noted and shall be addressed at the latest within fifteen (15) days following the occurrence of the event likely to engage the responsibility of Partouche.

Partouche shall not be held liable as a result of any action or recourse by third parties, as provided for herein.

10.02 Responsibility of the User

The User is responsible for his own actions, notwithstanding the fact that they are intentional or negligent in the way he uses Partouche, including, but not limited to, the actions of other Users and/or interaction with other Users, including the decency of the User name used or the content of messages exchanged with Partouche or between Users.

However, Partouche reserves the right to terminate the User's Account and/or to delete any message or User name that, in its opinion, does not comply with its obligations hereunder or contradicts applicable law. The User shall not be entitled to any damages if his Account has been deleted, including with respect to virtual points accumulated.

It is forbidden to insert viruses, Trojan horses, spyware or other malicious software and the User acknowledges that any such action may result in civil and, in some cases, criminal liability. It is forbidden to use Partouche in any way other than that described herein and that for which it is intended. Under no circumstances may a User attempt to circumvent the applicable rules.

Failure to comply with this article and/or any other provision of the TOS may result in the User's liability towards Partouche and any third party directly or indirectly harmed by his actions or lack of action, as the case may be.

The User is responsible for the respect of the applicable regulations regarding the data and Content that he/she puts online on Partouche. in case of failure to comply with the obligations incumbent upon him/her under the present contract.

The User undertakes to indemnify Partouche in case of any request, claim or sentence to damages that Partouche would be subject to as a result of non-compliance with the present stipulations.

The User indemnifies Partouche against any claim, demand or request from third parties who invoke a violation of their rights as a result of the use of the Services by the User or as a result of measures taken by Partouche to put an end to the violation of the rights of third parties invoked by the victim.

Article XI. PERSONAL DATA

Within the framework of the operation of Partouche Partouche is likely to collect Personal Data. These Personal Data are necessary for the management of Partouche, and for the provision of the Services and the Games.

The processing and collection of Personal Data, and the distribution to third parties in charge of the execution of the Services, is subject to the consent of the person concerned.

Full information on the collection, the processing carried out, the obligations of Partouche as well as the rights of the User is provided in an independent document entitled "Charter on the protection of personal data" and in a Cookies Policy, accessible on Partouche, of which the User certifies that he/she is aware.

Article XII. INTELLECTUAL PROPERTY RIGHTS

All titles, Intellectual Property Rights related to Partouche, the Content, the Games and the Services, are the exclusive property of Partouche and/or its licensors, and/or its licensor Partners.

The present GTC do not transfer any property to the User, who is forbidden to infringe them in any way whatsoever.

The User is granted a simple, personal, non-transferable, private, non-commercial, non-exclusive, worldwide license to use the Partouche Content and Services, solely for the purpose of using the Services and Partouche.

Consequently, the User may not, at any time, reproduce, modify, distribute, license, reverse engineer, create derivative works, or exploit in any way whatsoever, the Services, the Intellectual Property Rights, the Contents as well as any element attached thereto, for any purpose other than the use of the Services and Partouche on a private and non-commercial basis, without prior authorization from Partouche.

Violation of the terms hereof may result, at Partouche's discretion, in the termination of the Agreement and/or the refusal by Partouche of any further use by the User, without prejudice to its right to sue the User for infringement of its Intellectual Property Rights.

If the User believes that Content accessible on Partouche or through the Services infringes an Intellectual Property Right, he may report it by sending a notice of infringement of Intellectual Property Rights to Partouche.

Article XIII. USER-GENERATED CONTENT

Partouche and/or the Games may contain information or Content originating from Users, made available to other Users and/or Partouche, at their sole discretion, such as messages, publications, comments, images (hereinafter referred to as "User Generated Content"). Partouche does not participate in its creation or publication, and does not guarantee that such User Generated Content does not violate any third party right or is illegal. Partouche is neither responsible nor liable for any User Generated Content.

The User who submits User Generated Content through Partouche and/or the Games hereby grants a worldwide, non-exclusive, fully paid, sub-licensable and transferable license to use, publish, edit, reproduce, distribute, modify, create derivative works from, or exploit in any way all or part of the User Generated Content, in any medium, for commercial or non-commercial purposes, for the development, distribution, provision, improvement and promotion of Partouche, the Games, the Services and the activities of Partouche (and its successors and assigns), and including after termination of the User's Account.

This license is granted to Partouche in consideration of the free access to Partouche, the Games and the Services, as and when the Content generated by the User is uploaded on Partouche during the whole period of validity of the corresponding Intellectual Property Rights.

The User acknowledges and accepts that each User of Partouche may have access to the Content generated by the User, and grants them a simple right of use for the purpose of using the Services and Partouche on a private and non-commercial basis.

The User represents and warrants that he/she holds all rights to all User Generated Content necessary to grant the above mentioned licenses, without violation of any contract, law, regulation in force, third party rights, including, without limitation, privacy rights, publicity rights, Intellectual Property Rights.

Article XIV. FORCE MAJEURE

Partouche shall not be held responsible for any delay in the execution of its obligations or for any non-execution of its obligations resulting from the present contract when the circumstances giving rise to it fall under force majeure within the meaning of article 1218 of the Civil Code.

In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer or electrical network or server failure, blocking of electronic communications, including wired or wireless telecommunications networks, any challenge to the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other event beyond the control of Partouche preventing the normal execution of these TOS.

Article XV. GENERAL PROVISIONS

15.01 Waiver

Any tolerance or waiver by one of the Parties in the application of all or part of the commitments or obligations provided for in these GCU, whatever the date, frequency or duration, shall not, in the absence of a written agreement to that effect, be deemed to constitute a modification of the GCU, or generate or impede any right whatsoever.

15.02 Permanence of the GCU

The nullity of any clause herein does not affect the validity of the other clauses, the present GTU shall continue in the absence of the annulled provision unless the annulled clause makes the continuation of the GTU impossible or unbalanced in relation to the initial agreements.

15.03 Heading of clauses

The headings at the beginning of each article are only for the convenience of the reading and can in no case be the pretext for any interpretation or denaturation of the clauses to which they refer. In case of difficulty of interpretation or contradiction between the content of a clause and its title, the latter is deemed unwritten.

15.04 Entirety of the Parties' agreement

The Parties acknowledge that the present TOU and any amendments thereto constitute the entirety of the agreements between them with regard to the realisation of the object of the present and replace all previous agreements and proposals having the same object, regardless of the form thereof.

15.05 Agreement of proof

Pursuant to the provisions of articles 1366 of the French Civil Code, the information delivered by Partouche shall be deemed authentic between the Parties.

In accordance with article 1368 of the Civil Code, Partouche and the User intend to set, within the framework of these GTC, the rules relating to the evidence admissible between them in case of dispute and to their evidential value. The following provisions thus constitute the agreement of proof between the Parties, which undertake to respect this article.Partouche and the User undertake to accept that in case of dispute, e-mail addresses, e-mail exchanges and SMS are admissible before the courts and shall be proof of the data and facts they contain so as to be authentic by priority unless the other Party provides written proof to the contrary.

Partouche and the User agree that in case of dispute, the Data from any computer record ofPartouche shall constitute the proof of the acceptance of the present GCU, the proof of the acceptance by electronic means of any offer and Services, the materiality of the services used by the User by means of remote services used namely Internet, telephone, SMS and mail.

Partouche and the User agree that in case of dispute, the scope of these documents and information is that given to an original in the sense of a written paper document, signed by hand.

15.06 Applicable law - Competent court

The present GTU are subject to French law.

Both Partouche and the User agree to submit any dispute arising from their relationship to the jurisdiction of French courts.

For any dispute or litigation relating to the formation, validity, interpretation, performance and termination of these GTUs, an amicable solution before any legal action will be considered in the first instance.

As the User is a consumer, in accordance with articles L.616-1 and R.616-1 of the French Consumer Code, Partouche has set up a consumer mediation system, in the context of disputes that may arise from the execution of the present GTC.

Beforehand, the consumer shall inform Partouche of his complaint by any written means at his convenience, in accordance with article L. 612-2 of the Consumer Code, and inform Partouche of the reasons for the dispute. If, within a period of two months, no solution has been found between the Parties, the attempt to resolve the dispute shall be deemed to have failed.

In accordance with Order no. 2015-1033 of 20 August 2015 and implementing decree no. 2015-1382 of 30 October 2015, any dispute or so-called consumer dispute, subject to Article L. 612-2 of the French Consumer Code, may be the subject of an amicable settlement by mediation, within a period of one (1) year, with KORIAN, 21-25 rue Balzac, 75008 Paris (hereinafter referred to as the "Mediator").

To submit a dispute to the Mediation officer, the consumer may (i) fill in the form on the Mediation officer's website on the mediation.korian.fr website or by post by registered letter with acknowledgement of receipt by writing to KORIAN, 21- rue Balzac, 75008 Paris.

Whatever the means used to refer the matter to the Mediation officer, the consumer's request must contain the following elements in order to be processed quickly: his postal, email and telephone contact details as well as the full name and address of Partouche, a brief statement of the facts, and proof of prior approaches to Partouche.

If the User of Partouche meets the definition of a consumer, and if his usual residence is located in a country of the European Union, he benefits from rights protecting him under the provisions of the law applicable in his own country of residence.

Both Partouche and the User agree to submit any dispute arising from their commercial relationship to the jurisdiction of the French courts.

If the User acts as a consumer, this jurisdiction is not exclusive for the User who may bring an action to enforce his rights in France as well as in the country of the European Union in which he resides. If necessary, the consumer can access the European Commission's dispute resolution platform at https://ec.europa.eu/consumers/odr.

In the event that the User turns out to be a trader, it is agreed that all disputes relating to the formation, validity, interpretation, performance and termination of this Contract that the Parties are unable to resolve amicably will be submitted to the Commercial Court of Nice, to which the Parties attribute territorial jurisdiction regardless of the place of performance or the domicile of the defendant. This clause, by express agreement of the Parties, also applies in the event of summary proceedings, multiple defendants or third party proceedings and regardless of the nationality of the User.