Terms and conditions of use

Introduction

This application is provided by Treasure Hunters SA (the Company). By downloading this application and selecting the “I accept the general terms of use” check box, the user formally acknowledges having read and understood the content and the scope of these General Terms of Use. The user thereby declares that he/she accepts them unreservedly. They have a contractual value and are mutually agreed and binding upon the user and the Company.

General terms of use


1. Definitions


GTU: General terms of use. Describes the terms and conditions for using the game and the winnings.

Application: stands for the Treasure Hunters game.

Operator: telecom company providing mobile phone services or mobile broadband.

Services: stands for the services provided in the Treasure Hunters application.

Popup: window that is displayed on top of the other windows and that requires an action by the player.

Quest: a quest is a treasure hunt.

GPS: stands for technology that is used to track a person on a map.

Push: stands for the principle for sending a notification to a user.

Partners: stands for a person, group, community, body or entity with which Treasure Hunters works.

Treasures, winnings, prizes: stand for the rewards that can be obtained in the Treasure Hunters game.


2. Overall acceptance of the terms and conditions


2.1. Before using the mobile application, the user confirms that he/she is a natural person aged above 18 years, having the full capacity to exercise his/her civil rights. The players must not be under guardianship that limits their right to use such services.


2.2. However, an underage user may use the services provided by Treasure Hunters SA. To do so, he/she must certify that the person’s legal representatives have specifically given their consent for this use. The agreement will be considered fully valid only after the underage user shows proof of such consent to Treasure Hunters SA. This will be verified. Should the aforementioned conditions not be fulfilled, the winnings will not be dispatched and the Company reserves the right to terminate the agreement between the player and itself.


2.3. Additionally, it is stated here, to all intents and purposes, that certain types of quests will be reserved only for players above 18 years, depending on the prizes and winnings provided by Treasure Hunters SA’s partners. In certain cases therefore, it would be impossible for underage players to take part in the quests, even if their legal representatives give their consent for their participation.


2.4. These GTU define the methods and procedures for providing the service proposed by Treasure Hunters SA.


2.5. The person living under the same roof as a member of the management of Treasure Hunters SA shall forego using the application, so as to avoid any conflict of interest.


2.6. Accessing and/or using said mobile application implies acceptance of the GTU in full.


2.7. Treasure Hunters SA may make modifications to the applicable terms and conditions. Such modifications will become effective from the time the Company displays the updated terms and conditions, notified in a popup. The modifications adopted shall under no circumstances affect the existing rights and duties of both parties.


2.8. Besides, Treasure Hunters SA reserves the right to not distribute the prizes if it can be plainly seen that the players are wilfully violating the rules of the game using any misleading means. The above Company will not tolerate any means used to divert the features and functions away from what was planned when the game was developed initially. It is prohibited to use several player accounts on the same mobile phone. Treasure Hunters SA considers this to be cheating. Identity checks may also be carried out if there is any doubt.


2.9. In case of suspected cheating or fraud, or if it is seems obvious that a player is attempting to break the rules of the game using any false tactics, Treasure Hunters SA reserves the right to ban or delete the player's account temporarily or permanently. The in-app purchases made by the player remain the property of Treasure Hunters SA.


3. Admissibility and account registration


3.1. If you wish to use the service functions and features, you would need to create an account.


3.2. You must provide correct, complete, and up-to-date information that you agree to update so as to keep it correct and complete. Any incomplete, inaccurate or misleading information may cause the account to be deleted.


3.3. Regarding the use of the Treasure Hunters application by players under 18 years, refer to Article 2.2 of these GTU.


3.4. You agree to not reveal your password and to inform us immediately of any unauthorised use of your account. You are responsible for all the activities carried out in your account of which you are aware and that results from your actions (notably downloading an application that would allow you to cheat by modifying your GPS tracking or by using any other fraudulent means).


4. Limitation of liability and safety


4.1. During a session, it is important that you play safely and remain aware of your surroundings. The Company shall under no circumstances be held liable for any harm suffered by the users due to their lack of watchfulness. This is all the more the case as Treasure Hunters SA marks the treasures using digitally-placed GPS beacons. They have been placed such that they are not in places that may endanger the physical well-being of the users or lead to harm or any bodily injury.


4.2. Besides, there is however some leeway for assessing the location of the prizes. This is about a few metres.


4.3. Also, you undertake to not use the application with the intention of breaking the law, rule or regulation in force, such as ownership rights.


4.4. Treasure Hunters SA does not make any representation or warranty regarding the proper working of the application. The Company does not guarantee continuity of the services provided by the application, or the absence of bugs, viruses or functioning errors of the application that are not ascribable to it. Moreover, Treasure Hunters SA may carry out maintenance operations that may suspend the working of the application at any moment, for an indefinite length of time.


5. Methods and procedures of activating and using the Application


5.1. The account opened is linked to the user’s telephone. For this reason, the user can install only one application on his/her smartphone.


5.2. The account opening is materialised by the act of recording the user’s personal details (name, first name, electronic contact details, telephone number, age).


5.3. The user shall be solely responsible for the equipment and material means used to access the application. The user shall also bear the line charges of accessing the application and its services. The user shall ensure notably that there is sufficient storage space to install the application.


5.4. The installation will be carried out by the user by connecting to an application store via his/her smartphone (App Store for mobiles of the Apple brand, Google Play for Android phones). The application and all the services it contains can be accessed only by the devices and operating systems mentioned in the application sheets in App Store and Google Play Store.


5.5. It is up to the user to ensure that he/she has the appropriate mobile phone subscription. Treasure Hunters SA cannot under any circumstances be held responsible for any overcharge by the phone operator following the download or use of the application. It is the user’s responsibility to verify the quantity of data used and to comply with the terms set out in his/her contract with his/her own operator.


5.6. The application is activated by the user when it is first launched. The user is asked to approve these GTU when installing the application.


5.7. In using the application, the user may receive MMS and SMS text messages, emails, alerts, PUSH notification messages or other types of messages on his/her smartphone or inbox, once he/she has given his/her permission when joining Treasure Hunters. These messages are linked to the user’s profile and geographic location. They are intended to inform and optimise the user’s quests. The user can control the messages and alerts he/she receives. To do so, he/she must go to settings on his/her smartphone and disable notifications.


5.8. To take advantage of all the services proposed by the application, the user must activate the internet connection on the smartphone on which he/she has installed the application, and keep it activated.


5.9. The GPS tracking feature of the application is indispensable for it to run. For this, the user must turn on the GPS tracking function directly in his/her smartphone settings and allow the application to access it. The user cannot play and use the application if GPS tracking is not enabled.


6. Protection of privacy and processing of personal data



6.1. As the use of the application implies that a user account has been created beforehand, the user’s personal data would be collected and processed for said account.


6.2. Treasure Hunters SA takes the protection of your privacy very seriously. It goes without saying that the same principle also applies to the processing of your personal data, in compliance with the federal data protection act (LPD).


6.3. Personal data is collected directly from the user when the user activates his/her account. This data is processed for the following purposes only:


6.3.1. Suggest actions to the user for the proper working of the game, depending on his/her location and habits, in order to help in his/her quests;


6.3.2 Draw up statistics to optimise the application and improve its content. No identifying information shall be passed on to third parties, unless such information has been made entirely anonymous.


6.4. Pursuant to Art. 8 of the data protection act (LPD), all persons may ask the administrator whether data relating to them is being processed. The user can at all times exercise his/her right to access, modify, rectify and delete the data relating to him/her by contacting us by email.


7. Severability clause


7.1. Should any of the provisions of the GTU be deemed unlawful, invalid or unenforceable in whole or in part, said provision or part of the provision alone will be considered as not being a part of the GTU.


7.2. The legality as also the validity and enforceability of the rest of the GTU will not be affected. In this case, the parties undertake to replace the unlawful, invalid or unenforceable provision with a legal, valid and enforceable one.


7.3. This provision will to every extent possible, have an effect similar to the one that was deemed incompatible with the law.


8. Ownership


8.1. Treasure Hunters SA exclusively owns all rights, title and interest in and to the services and the content, including all the related intellectual property rights. It expressly reserves all reproduction rights on the information and the content published in the application. The user therefore acknowledges that the services are protected by copyright, a registered trademark and laws of a mandatory nature, under Swiss and international laws.


9. Term


9.1. These GTU come into force when the user approves them when logging on. They remain in force for as long as the user uses the services provided by the application. Treasure Hunters SA reserves the right to terminate the agreement with the user in case of breach of these GTU.


9.2. When an underage player has not provided proof of his/her legal representative’s consent, the winnings will become null and void and cannot be sent to the player. Treasure Hunters SA thus reserves the right to terminate the agreement between the user and itself.


10. Jurisdiction and applicable law


10.1. In keeping with Art. 10(1)B of the CPC, the place of jurisdiction is the Company’s headquarters at Delémont.


10.2. The terms and conditions of use of this mobile application are governed by Swiss law. In matters of interpretation or in the event of dispute, only the French version shall prevail.