Termes et conditions
May 2018
1. Introduction
The use of this/these website(s) (hereinafter referred to as the “Websites”) is made possible by Koninklijke Jumbo BV (hereinafter referred to as “Jumbo”), established at Jumbo Games Ltd. 2 Carters Row, Hatfield Park, Hatfield, Hertfordshire, AL9 5NB, and is subject to the General Terms and Conditions set out below.
By using the Websites, you accept these General Terms and Conditions on the date of your first use of the Websites. Jumbo reserves the right to change these General Terms and Conditions at any time and will publish these changes online.
2. Use and measures
You agree that you will use the Websites only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Websites by any other person or party.
If Jumbo is of the opinion that you are guilty of unauthorised acts, Jumbo can take appropriate measures. These measures may involve blocking the profiles created or IP addresses.
Unauthorised acts include, but are by no means limited to the following:
a. Making offensive, discriminatory or threatening statements in reviews or forums, or through the Service Form or otherwise on the Websites;
b. Behaving in any way that causes a disruption to or malfunctioning of the proper functioning of the Websites;
c. Using access to Jumbo’s records or information collected from them to send unsolicited email (spam); and/or
d. Otherwise contravening the provisions of these General Terms and Conditions.
3. Registration and privacy
You need to register in order to create a list of requirements, to participate in the forum or competition, to leave a review or to receive a newsletter. Registration takes place by means of selecting a user name of your choice and a valid email address. In order to register, you must be at least 16 years old or have permission from your parents and/or guardian.
By creating an account on one of Jumbo’s Websites, you agree that Jumbo may access your account data in order to investigate complaints and/or other allegations of abuse.
On registering for a Jumbo service, you agree that your data may be made available to Jumbo as specified in the Privacy Policy. If you submit your data, you retain the right to change your mind at a later date and to modify or have your data deleted. You can request this using the Service Form as specified in the Privacy Policy.
It is your sole responsibility to ensure that your account password remains confidential. For security and other reasons, Jumbo may require you to change your login details. It is not permitted to transfer or alienate the Account or the relationship with Jumbo other than with the prior written consent of Jumbo. Jumbo may assume that all communications made from your Account originate from you.
All forms of communication or material that you transmit to or post on any public area of these Websites, including any data, questions, comments, suggestions and the like, will be treated as non-confidential and/or non-patented information.
Jumbo reserves the right at all times to disqualify a User or IP address and/or to close the Account without giving any reason if, according to Jumbo, there is a violation of one or more points of these General Terms and Conditions or the rules for use that can be found on the Websites. All decisions taken by Jumbo are final and binding. If a User’s account has been blocked or deleted, the User may not re-register unless written permission for this purpose has been granted by Jumbo.
Jumbo respects the privacy of all Users and ensures that the information you provide to Jumbo is treated confidentially as specified in the Privacy Policy. Jumbo uses your data where applicable: forum, newsletter, list or requirements and reviews. For the rest, Jumbo will only use the data with your permission, or if it is requested to do so by a competent authority or forced to do so by a court of law. Jumbo will not sell your data to third parties, see also the Jumbo Privacy Policy. You agree to this Privacy Policy on signing up for a Jumbo account through the Jumbo Websites.
4. Intellectual property
The Websites, web documents, illustrations, images, logos, sound fragments and programmes – including software – are the property of Jumbo and are protected by copyright and trademark law. Any unauthorised use or distribution of these Websites, etc., by disclosure of confidential information, the reproduction or copying and use, in whole or in part, is strictly prohibited.
The following restrictions apply at the very least:
a. The commercial use or publication of all the items displayed is strictly prohibited without the prior written consent of Jumbo. Nothing contained herein shall be construed as granting any licence by Jumbo to use any of the items displayed.
b. Documents may be copied for personal use provided that copyright and source references are also copied, no modifications are made, and the document is copied in its entirety. All rights to these documents are reserved and permission to copy them must be requested from the owner of said rights.
5. Liability
The Websites and the information, names, images, photographs and logos with respect to the products or licences of Jumbo are provided “as is” without any explanation or confirmation and without any form of guarantee express or implied. Under no circumstances will Jumbo be liable for any damage, including but in no way limited to indirect or consequential damage, or any damage whatsoever arising from the use or in connection with such use or loss of use of the Websites.
Although Jumbo manages its Websites with great care, it cannot guarantee that all services, functions, information and other material that it provides to you on its Websites are correct, complete and up to date, that defects will be corrected and/or that the Websites or the server that makes them available are free of viruses and/or bugs. The information visible to you on the Websites may also be out of date for technical reasons (caching or otherwise). It therefore accepts no liability in this respect. Furthermore, Jumbo is not liable for:
a. Damage that a User may suffer as a result of access to the account by an unauthorised person;
b. Problems relating to the Internet connection;
c. Failed, incomplete, twisted or delayed computer transmissions;
d. Possible printing or typing errors, whether online or offline, in material related to the Websites;
e. Possible damage incurred in connection with or as a result of the information and/or services of the Websites.
Jumbo is not obliged to continue to offer the existing Websites in the future and it reserves the right at any time and at its sole discretion to temporarily disable or remove a Website if a computer virus, bug, hacker attack or any other cause disrupts the administration or security of the Website. In addition, Jumbo is free to choose what information and services it provides on its Websites.
Jumbo assumes no responsibility for the content of external websites that are in any way connected to the Jumbo Websites.
Jumbo is indemnified against all liabilities, damages and costs that may result from non-compliance with these General Terms and Conditions by a User or through a computer that you use to gain access to the Website(s).
6. Competitions and promotional campaigns
By participating in a Jumbo competition or promotional campaign, the participant agrees to the following General Terms and Conditions governing competitions. In addition, specific terms and conditions are declared applicable to each competition and/or other promotional campaigns.
a. Participants up to the age of 16 declare that they have obtained permission from their parent(s) and/or guardian to participate in the competition;
b. Employees of Jumbo (including subsidiaries), family members and resident partners of the aforementioned employees are excluded from participation. This also includes any participants / suppliers connected to the competition in question (including advertising agencies, advertisers, sponsors or producers);
c. The participant is obliged to provide correct, current and complete information when participating in the game. Jumbo can request a winner to provide proof of his or her identity and proof of residence at the address given by the participant;
d. The prize is personal and is in the name of the winner. The prize is not transferable, exchangeable or payable in cash or for any other products or services. In the event of refusal or non-acceptance of the prize or of the conditions attached to the competition, the prize will not be issued. In such a case, Jumbo will be entitled to choose another winner.
e. The prize will be issued in the condition in which it is awarded. The supplier will not be liable for any visible or hidden defects in the prize nor for any damage caused by delivery (dispatch) of the prize;
f. Jumbo or the advertiser / sponsor or any other third party appointed for this purpose will handle the delivery of the prize. In the latter case, Jumbo is not responsible for delivery of the prize. In such a case, the date of delivery of the prize will be determined in consultation with the supplier of the prize.
g. Jumbo is not responsible for any defects on the part of postal services or shipping companies (e.g. delays, strikes, damages or loss) at the time of delivery of the prize. In the event the winner, co-resident / resident or neighbour cannot take receipt of a registered prize upon delivery, the winner will collect the prize at a later date (e.g. at a post office or pick-up point, etc.). Jumbo cannot be held liable if the prize is not collected by the winner or if it is taken into receipt by an unauthorised person, even if no notification or message of any form was left behind by the postal or shipping company.
h. If the prize consists of tickets for concerts, festivals, films, sports competitions or similar or other types of events and/or holiday trips / airfares, no claim can be made for any form of compensation in the event of cancellation.
i. If the prize consists of a trip or stay abroad for which a passport is required, the participant must be in possession of a valid passport before the prize is awarded, failing which a prize will not be awarded to a participant.
j. The winner may claim the award no later than two weeks after the announcement of the prize. After this period, any claim to the prize automatically expires.
k. The winner of the prize authorises Jumbo to use, free of charge, the personal data provided, any photographs or any contributions made by the participants for the purposes of the competition in the context of promotional campaigns linked to the competition, as well as within the context of the announcement of the winner in all media channels including radio, television, the Internet and social media platforms.
l. At the request of Jumbo, the winner(s) of the prize will cooperate in the context of Jumbo’s promotional campaigns insofar as this may reasonably be expected of them, including publicity with regard to the award-giving ceremony in all media channels including radio, television, the Internet and social media platforms. No financial compensation will be paid for cooperating within the context of promotional campaigns.
m. Insofar as required, Jumbo will ensure that taxes on games of chance are withheld and declared (or will have them withheld), except insofar as otherwise stated in the Specific Terms and Conditions for Competitions.
n. The participant authorises the processing of personal data connected with participating in the competition. Jumbo may include the personal data in its database, which will be treated confidentially and in accordance with the Privacy Policy.
o. Personal data may be used for the purpose of carrying out the competition and awarding the prize. In this context, Jumbo is entitled to provide personal data to third parties involved in the competition in question (including suppliers, advertisers, sponsors and/or producers). In addition, the participant grants permission to keep him/her informed of Jumbo’s products and/or services.
p. Use of the prize awarded will be at the expense and risk of the winner. Jumbo cannot be held liable for the use of the prize by the winner.
q. Jumbo is in no way liable for any damage resulting from participation in the competition, nor for any technical failures, defects or delays related to participating in the competition or the designation of the winner.
r. Jumbo is in no way liable for potential problems or defects resulting from the use of the Websites and/or the downloading of any components related to the competition.
s. Jumbo is entitled to disqualify participants if it is of the opinion that the participants do not act in accordance with the General and/or Specific Terms and Conditions or if the participants otherwise gain fraudulent access to the competition or unfairly influence its course.
t. At its own discretion and without prior notification, Jumbo is entitled to change or adjust these General Terms and Conditions as well as the Specific Terms and Conditions during the term of the competition, or to discontinue, change or adjust the competition without giving any grounds for such for reasons of its own, without Jumbo being obliged in any way to compensate the participant for any damage. Jumbo will make any changes or adaptations to the game publicly available in an appropriate manner (e.g. via its Websites).
u. Insofar as the General Terms and Conditions deviate from the provisions of the Specific Terms and Conditions for Competitions, the provisions of the Specific Terms and Conditions will prevail.
v. Jumbo’s competitions and other promotional offers comply with the Gaming Act and the Terms and Conditions of the Promotional Gaming Code.
w. Promotional campaigns on Facebook and Instagram are in no way sponsored, managed by or associated with Facebook and Instagram themselves. The recipient of the information provided is not Facebook, but Jumbo. The information provided will only be used by Jumbo and will not be shared with third parties.
x. Any questions, complaints or comments about the competition can be submitted using the Service Form at www.jumbo.eu/contact. Always include the name of the competition.
7. Sundries
If any provision of these General Terms and Conditions is deemed void or voidable, this will not affect the validity and enforceability of the other provisions of these General Terms and Conditions and the void or voidable provision will – if necessary – be amended or replaced in accordance with these General Terms and Conditions.
If there is a conflict between the General Terms and Conditions and rules and/or specific terms and conditions of use on the Websites with regard to specific information or (promotional) campaigns, the latter will prevail.
These General Terms and Conditions are subject to the law of England and Wales. Any disputes arising in connection with these General Terms and Conditions or any further agreements arising from them will be exclusively brought before the competent English court.
If these General Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
