General Conditions of Use
Date of the latest change: 27 January 2018
Clause 1 Definitions
In these General Conditions of Use (hereinafter the ‘GCUs’),
the words or phrases beginning with a capital letter have the following meanings:
1.1 ‘Game’ means an online card game accessible 24/7 at www.undercards.net except during maintenance work announced in advance on the website. Players may only play for fun, i.e. without the possibility of winning sums of real money and/or lots with a monetary value.
1.2 ‘Virtual Goods’ means any virtual items that UNDERCARDS makes available for players.
1.3 ‘Purchase’ means a payment giving access to Virtual Goods.
1.4 ‘Player(s)’ means one or all the user(s) of the Game, who are validly registered individuals.
1.5 ‘Game Currency’ means the virtual money of the game only usable on the site and buyable with real money in order to unlock Virtual Goods.
Clause 2 Corporate organizer and presentation of the Game
2.1 The publisher of the game is Dorian Le Thai Binh,
trading as Undercards and entered in the Register of Trade and
Companies of Tours under no. 828 222 315, with registered office
at 22 rue du Sénateur Belle, 37360 Rouziers-de-Touraine
2.2 The manager of the publication is Mr. Dorian Le Thai Binh.
2.3 The site is hosted by OVH S.A.S., with registered office at 2 rue Kellermann, 59100 Roubaix, tel. 03 20 45 36 80, entered in the Register of Trade and Companies of Roubaix under no. B 424 761 419.
2.4 Undercards will be pleased to answer any further questions. Simply send an email to [email protected]
Clause 3 Acceptance of these General Conditions of Use (the ‘GCUs’)
3.1 The Player agrees to observe with these GCUs. When registering
for the Game, the Player expressly acknowledges and accepts these
CGUs by ticking a checkbox.
3.2 The email confirming registration sent by Undercards to the Player also contains these CGUs.
3.3 Unless proved otherwise, the data recorded in Undercards’ computer system constitute proof of all transactions entered into with the Player.
Clause 4 Terms and conditions of participation
4.1 As an act of everyday life*, participation in the Game is open to all individuals aged 13 years and over. 4.2 If minors participate, the following precautions are given for use by their parents:
- Recommend to your children that they never give their personal details to other people.
- Recommend to your children that they do not meet other people without you being present.
- Monitor the activities of your children on the Game site.
- Recommend to and remind your children to report to you any problems, such as bullying, threats, swearing, showing distasteful content, or invitations for them to meet outside the Game.
- If you do not like any content or the way the Game develops, stop all communication or change the online identification number of your child.
Clause 5 Register for the Game
5.1 To participate in the Game, simply open an account by completing
the registration form on the undercards.net website. Players’ accounts
are opened for an unlimited period of use.
5.2 Players must provide a valid email address, a username and a password. These items are personal to individual Players. Players assume the risks associated with use and with the loss of confidentiality of their password.
5.3 If Players forget their password or have reason to believe that another person is using their identification information or accounts, they must immediately inform Undercards at [email protected] If they forget their passwords, Players can reset them using the link https://undercards.net/ForgottenPassword.
5.4 Players ensure that the information they communicate during registration is accurate. They undertake to inform Undercards without delay if there are changes to the data submitted during registration and, if this applies, they undertake to make these same changes themselves in their personal accounts.
Clause 6 Precautions when using the Game
Avoid playing when tired or if you have not had enough sleep.
Make sure you play in a well lit room, adjusting the brightness of your screen.
When using a video game which can be connected to a screen, play well away from the TV screen, as far away the connector cable allows.
When playing, take 10-15 minute breaks every hour.
Clause 7 Purchase of Virtual Goods
7.1 The Game is free, but Players may also access paying
At the time of their Purchase, Players have the opportunity to
verify the details of their order and its total price, and to
correct any errors, before confirming it to express their final
acceptance. Players receive a confirmation of their purchases in
7.2 The price is payable in full on the day the Players place their orders. Payment is made securely through the PayPal system. Payment, by credit card, is debited when the order is placed.
7.3 Rates are available at https://undercards.net/Shop. They are also displayed on the site before the order for Virtual Goods, and by email on confirmation of the order. Virtual Goods are delivered at the rates in effect on the day the order is placed. The price indicated in the order confirmation is the final price. Prices are expressed in Euros.
7.4 Undercards will not be required to deliver Virtual Goods if the price has not been paid in full in advance in the manner specified above. Payments made by the Player will be considered final only after actual receipt of the sums due to Undercards.
7.5 No other charges will be invoiced to Players in excess of the costs borne by Undercards for the use of a means of payment.
7.6 Undercards reserves the right to change the prices of Virtual Goods and Players will be warned by a global communication, through the Game. The rates and deals offered are valid while they remain online. If an offer of Virtual Goods is made at a specific price and for a specific period - for example a promotional offer - the specific price will remain effective for the whole of the specified time.
7.7 Game Currency is not redeemable for money or monetary value from UNDERCARDS or any other person, except as otherwise required by applicable law. Game Currency do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither UNDERCARDS nor any other person or entity has any obligation to exchange Game Currency or Content for anything of value, including, but not limited to, real currency.
Clause 8 No right of withdrawal
The right of withdrawal may not be exercised for the online Purchase of Virtual Goods, since Virtual Goods are delivered before the end of the withdrawal period of fourteen days from the Purchase and with the express prior consent of Players, who expressly waive their right of withdrawal.
Clause 9 Using the Game
9.1 The equipment (computer, software, internet, etc.) to access
the Game are the sole responsibility of Players, as are the
communication costs incurred for their use of it.
9.2 The required and recommended system configurations may have to be changed, and it is therefore possible that Players may be required to upgrade or change their systems in order to continue playing the Game.
Clause 10 Players’ privacy and data protection
10.1 Undercards observes French regulations for the personal
data of its Players. Undercards has made a declaration,
numbered 2047366 v 0, to CNIL that it processes personal data.
10.2 Pursuant to the Data Protection Law of 6 January 1978, all Players have a right to access and correct the information that concerns them, which they may exercise by contacting [email protected] They may also, for legitimate reasons, prevent the processing of personal data. Players are cautioned that it is only possible to change username for legitimate reasons.
10.3 The information communicated by Players is subject to computerized processing designed solely for the proper functioning of the Game, the execution of their order, and compliance with Undercards’ legal obligations. The data we collect only enables us to provide, manage, protect and improve our Game.
10.4 PayPal does not communicate Players’ personal payment information to Undercards.
10.5 Undercards is the only recipient of the personal data collected during registration of Players or while they are using the Game, limited their email address, postal address, and name and forenames. This information will not be accessible by, nor transmitted to, sold or exchanged with, third parties.
10.6 The personal data of Players will be destroyed within one year of the closing of the account or on the expiry of any legal deadlines.
Clause 11 Intellectual property
The trademarks (particularly The Game), logos, graphics, photographs, animations, videos and texts on the Game are the exclusive intellectual property of Undercards or its partners and may not be reproduced, used or represented without the express permission of Undercards, on pain of legal prosecution. The rights of use granted to Players are for private and personal use, as part of and for the period of registration with, the Game. Any other use by Players without the authorisation of Undercards is prohibited.
Clause 12 Liability
12.1 The Players acknowledge that the characteristics and
constraints of the internet do not make it possible to guarantee
the security, availability and integrity of data transmissions
while they are being communicated.
12.2 Undercards is not responsible for malfunctions, provided it supplies evidence that the inability to access, and poor conditions for use of, the Game are attributable to the inadequate equipment of Players, to internal malfunctions of the Players’ access providers, to congestion of the internet network, and to any other reasons outside Undercards’ own control.
12.3 These GCUs do not apply to offerings which Undercards does not control. By accessing the Game, Players are likely to see information about third party sites and content. Accessing them is the sole responsibility of the Players.
12.4 Undercards reserves the right to suspend the Game, partly or wholly and at any time, if it considers that circumstances require this and prevent the normal progress of the Game and/or, if malfunctions have occurred, in any form and from any source whatsoever, including where one or more items reveal a fraud or attempted fraud, or non-observance of French law and/or of these GCUs, and/or an infringement of the other people’s rights. Players will be informed about such suspensions as soon as possible.
12.5 Some information or content exchanged between Players during games (on Chat, forums, etc.) may constitute personal data concerning the privacy of Players, and/or may incur criminal and civil liability. By disseminating such information or content, all optional, Players consent to their disclosure on the internet and take exclusive responsibility for them. Players guarantee Undercards against any criminal or civil administrative proceedings, and all extrajudicial litigation based on such exchanges of content initiated by the Players.
12.6 The fact Undercards does rely on a breach by Player of any provision whatsoever of these GCU shall not be construed as a waiver on Undercard’s part of its right to rely on such a breach in the future.
12.7 The Game complies with the regulations in force in France. Undercards may not be held liable for non-compliance with the laws of the country where the Game is provided, which Players, who alone are liable for their Purchases, are responsible for checking.
Clause 13 Guarantee
13.1 In accordance with the provisions of the law and at no extra cost,
Undercards guarantees Players against any non-compliance or hidden defect
caused by a failure in the design or construction of the Game.
13.2 To enforce their rights, Players must inform Undercards by email of the existence of the defects, or non-compliance, at the earliest opportunity.
13.3 Undercards will, as soon as possible, refund or rectify or correct (to the extent possible) the services ordered and considered defective. Reimbursement will be made by crediting Paypal account of the Player.
13.4 Undercards’ guarantee is limited to refunding the Virtual Goods paid for by the Player. Undercards will not be held responsible for any delay in performance, or failure to perform, resulting from the occurrence of an event of force majeure usually recognized by French law.
Clause 14 Termination - Closure of Account
14.1 All Players may terminate their registration by requesting
the closure of their account at any time by sending an email to
[email protected], at no cost other than those relating
to the transmission of their request. This request shall be deemed
to be made on the business day following receipt by Undercards of
the request for closure of the account. In such case, Players
permanently lose access to their Virtual Goods.
14.2 Undercards reserves the right to suspend the offender's participation immediately and without prior warning in the event of: false or incomplete information provided by a Player to Undercards; and/or fraud or attempted fraud while playing the Game; and/or non-compliance with French law and/or these GCUs; and/or non-compliance with the rules of the Game.
14.3 Undercards may terminate Players’ accounts seven days after sending them an email informing them of their omissions. After this period, Undercards will exclude the Player definitively. This termination shall be without prejudice to any damages that may be claimed against Players in compensation for any losses suffered by Undercards caused such omissions, but, on no account, may compensation of any kind may be claimed from Undercards, because Players may lose the possible benefit of their points and their cards as a penalty.
14.4 Undercards may close the account of Players without justification and at its discretion, after there has been no activity for two years on the Player’s account with undercards.net. Closure of the account results in termination of the contract.
Clause 15 Prohibitions and penalties
15.1 Behaviour in breach of the rules of the Game and of these GCUs is prohibited. It is considered fraudulent, particularly when Players, including the moderator:
- intentionally communicate invalid, misleading, incorrect or incomplete data;
- resell or attempt to resell their account to a third party;
- play using - or with the assistance of - robots, or other similar automated systems;
- attempt to reverse engineer, decompile, alter, disassemble or interfere with the applications, software and computer code in connection with the Game and its services;
- attempt or perform an action to thwart, bypass, modify or influence the encryption technology, safety measures or data transmitted, processed, stored and used by the Game;
- maneuver fraudulently or unfairly, especially trying intentionally to lose or to make Players loose at the Game in order to obtain a competitive advantage. For this reason, Undercards reserves the right to supervise the use of the Game by Players and may, for this purpose, develop tools to detect any attempted fraud or unauthorised activity;
- intentionally cause a disturbance or an operating error, in order to influence the progress of the Game;
- use the Game and services to harm others in any manner whatsoever;
- obtain an advantage or try to obtain an advantage, and so endanger the impartiality of the competition by their unfair behaviour of any kind, for example by misleading other Players;
- play the Game jointly with other members, not using the multi-player function available in the Game, so any Player who is unaware of this is thereby disadvantaged and has no chance to win or make fair gains;
- gather or collect information concerning or relating to other Players or their accounts, in particular, but not limited to, their personal data or information;
- do not respect their obligations and/or the rights of other Players, as defined by law, by these GCUs and by the rules of the Game;
- make statements prejudicial to the image and reputation, or spread or propagate negative rumours about Undercards and/or the Game;
- intentionally or unintentionally fail to comply with French or international laws, or these GCUs and the rules of the Game.
15.2 Players are able to contact each other via the Game, in particular using a forum and/or Chat. For this, they undertake not to exchange content which:
- includes visible or hidden advertising, as well as advertising messages in the form of spam;
- is fake, rude, abusive, derogatory, defamatory, offensive or pornographic, or contrary to French law;
- violates the rights of others;
- includes viruses or programmes which may affect the operation of other computers;
- are surveys or chain letters;
- are intended to disseminate political, ideological or religious messages;
- are designed to collect, store or use Players’ personal data without authorisation, in particular for commercial purposes;
- use a name or username which is offensive for anyone;
- are intended or have the effect of degrading the way the Game is played and is likely to harm the rights of other Players and the spirit of the Game.
Clause 16 Changes to General Conditions of Use
16.1 Undercards may change these CGUs at any time.
Players will be informed of these changes, using any means,
as soon as they are posted on the Game’s website. Changes to
the GCUs are binding on Players as soon as they are posted online
and may not be applied to transactions concluded before then.
16.2 If one or more of the provisions of these GCUs is declared null and void by application of a law or regulation, or following the final decision of a competent court, the other provisions shall remain in full force and effect, to the extent permitted by the said decision.
16.3 These GCU may be consulted at any time on the Game’s website and shall prevail, if the case arises, over any other version or any other contradictory document.
Clause 17 Applicable law - Jurisdiction
17.1 These GCUs shall be governed, construed and enforced in
accordance with French law and the French language shall be used
to construe the terms or provisions of these GCUs in the event of
a dispute over their meaning.
17.2 With the exception of public order provisions, all disputes to which these GCUs give rise concerning their validity, interpretation, execution, termination or consequences shall be submitted to the exclusive jurisdiction of the competent courts of Tours.
17.3 Customers are informed that, in the event of a dispute, they may have recourse to mediation proceedings, in particular before the Commission for Consumer Mediation (Consumer Code, Art. L 612-1) or sectoral mediation bodies, information about which may be accessed at http://www.economie.gouv.fr/mediation-conso, or by any alternative dispute resolution method, for example, conciliation.
everyday life* : Participation in the Game by Minors aged 13 and over is authorized, on the responsibility of their parents. In accordance with Article 388-1-1 of the French Civil Code, a minor capable of good judgement may validly perform alone only those acts which are permitted by usage, in particular the purchase of games, the latter being considered to be acts of everyday life.