General Terms of Use

LAST UPDATE : 28/03/2023

1 Introduction

This document constitutes the entire General Terms of Use (hereinafter, “GTU”) of the website www.gamabu.com (hereinafter, the “Site”) publishes by onepoint a simplified joint-stock company (“société par actions simplifiée”) with a capital of 1,302,770 euros, whose registered office is located at 29 rue des Sablons, 75116 Paris, a company registered with the Trade and Companies Register of Paris under number 440697712, represented by David R. LAYANI as Chairman.

By using this Site, the user fully accepts these GTU and acknowledges having read the entire terms and conditions of these GTU.

If you do not agree with certain provisions of the GTU, please refrain from using the Site.

2 Purpose

The purpose of these GTU is to define the terms and conditions regarding the use of the Site offered by onepoint to the user (hereinafter, the “User”, “you”, “your”), which is published to inform the public regarding our activities and services.

3 Access to, requirements and use of the Site

This Site may only be accessed by Users with a compatible computer configuration with the following requirements :

• a broadband Internet service from a well-known Internet service provider.
• equipment and material resources enabling the User to access and browse the Site.

Access to the Site is open and free of charge to any User with access to the Internet. All costs related to access, whether costs for equipment or software or Internet fees shall be born solely by the User. The User shall remain solely responsible for proper operation of the computer equipment as well as for the User’s access to the Internet.

The User declares that he or she has the knowledge, skills and technical means required to access and use this Site. The User is fully and solely responsible for its access to the Site.

Onepoint and/or its suppliers or partners do not guarantee Site availability 24/7. Access to the Site may be interrupted at any time in particular for maintenance, modification, rectification, improvement and/or change.

Furthermore, the User is informed that the connection to the Site is made via Internet. The User is therefore warned of the technical hazards that may affect this network and lead to slowdowns or unavailability, sometimes making the connection impossible or slow. The User accepts to take all appropriate measures to protect his/her own data and/or software from contamination by possible viruses on the Internet network.

Onepoint shall not be held liable for any inability to access to all or part of the Site.

The User is responsible for its use and navigation on the Site. The User agrees to use the Site under his or her sole responsibility and pursuant to French law and in good faith.

As part of the execution of these GTU, onepoint’s liability can only be engaged in the event a proven fault, and only in case of direct damage. User further acknowledges that the Site is provided “as is”, without any warranty of any kind.

4 Personal Data

In the context of the use of the Site, onepoint or its potential subcontractors may collect and process personal data from Users.

Pursuant to regulations on personal data, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) of 27 April 2016 and the amended French Data Protection Act and its application texts (together, the “Regulation”), Users have the right to access, rectify, erase or object to the processing of their personal data for legitimate reasons, as well as to restrict data processing, withdraw their consent and the right to the portability of their data, and also to specify guidelines for the retention or use of their personal data after their death. In order to exercise these rights, Users may contact the Data Protection Officer of onepoint at dpo-gamabu@groupeonepoint.com.

Users also have the right to file a complaint with CNIL (the French data protection authority) concerning the collection and processing of their data.

For more information on Users’ personal data collection and processing, please refer to our privacy policy.

5 Cookies

User is informed that onepoint and/or its partners may use cookies.

Some cookies may be installed on your browser and processed subject to you prior consent.

For more information on the cookies we use, please refer to our privacy policy.

6 Links to other websites

Clicking on links contained on the Site results in the User leaving the onepoint’s Site. These links are provided solely for Users’ convenience and do not imply approval or endorsement of such websites by onepoint. The target websites are not controlled by onepoint and the latter is in no way responsible for their content. The same applies to third party sites that link to onepoint’s Site.

Each User is therefore invited to read the general terms and conditions, the privacy policy and/or the cookie policy of these third party websites, that you use at your own risks.

7 Intellectual property

Onepoint is the holder of intellectual property rights, or the relevant rights, on all the elements constituting the Site, including but not limited to, all computer and software developments, databases, documents, reports, innovations, visual elements, graphics, texts, brands and logos.

Pursuant to the provisions of the French Intellectual Property Code and International Treaties and Agreements, any reproduction, extraction, disclosure, distribution, representation, translation, dissemination, modification, transcription, whether in whole or in part, of the Site, even if non-substantial, on any medium and through any procedures whatsoever, is strictly prohibited, without prior express authorization by onepoint.

Any violation of these provisions may be considered an act of infringement or unfair competition/parasitism which could lead to civil or criminal liability of its author pursuant to the French Intellectual Property Code.

8 User commitments

By accessing the Site, you agree to (i) not use the Site for any unlawful purpose; (ii) not use the Site in any way that could disrupt, damage or interfere with the Site or hinder its effectiveness; (iii) not transfer files containing viruses, trojans or any other harmful software; (iv) not attempt to circumvent any security features of the Site; and/or (v) not use the Site in any way that may damage onepoint’s reputation, name or image (vi) not make discriminatory, racist, xenophobic, anti-Semitic, insulting, abusive or other violent or pornographic comments, nor publish content contrary to public order or morality in any way whatsoever, in particular when using the contact form.

9 Contact

For any question relating to the Site, you may contact us via our contact form.

10 Other provisions

In the event that any provision of these GTU is unlawful, void or unenforceable, the remaining provisions of this document shall remain unchanged and shall continue to apply as if the unlawful, void or unenforceable provisions were no longer contained in the GTU.

You are informed that onepoint will be free to assign this agreement between you and us, in whole or in part, including to any company of its group and in the context of any reorganization leading to a universal transfer of assets (merger, assignment, partial contribution of assets or partial transfer of assets).

These GTU may be modified by onepoint at any moment to reflect, including, but not limited to, regulatory changes, improvements to the Site and any changes in its terms of use. Updated GTU are available on the Site.

When we change these GTU, we also change the “Last Update” date at the top of the first page. We therefore invite you to regularly consult our GTU, which are enforceable as soon as they are posted online.

This document is available in English. However, the French version prevails.

11 Applicable law and jurisdiction

The GTU are subject to French Law.

Without prejudice to the mandatory provisions applicable under the law of the User’s country if he is a consumer by virtue of European regulations or International Conventions or an amicable settlement, any dispute or litigation arising from the use of the Site shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Appeal Court (France), including in the event of a call in warranty or multiple defendants.