General Conditions of Use

PREAMBLE

The Services offered via Gymoba.com are intended to make it easier for its Members to buy online from its Partners and to enable them to obtain discounts and/or benefits. (Terms beginning with a capital letter are defined below).

The use of the Gymoba.com Site requires that you read and accept these general terms and conditions of use (hereinafter referred to as the “GTC”) without reservation. The T&Cs stipulate the conditions for access to the Site and use of the Services. We invite you to read them very carefully. The T&Cs are applicable to all Members. Access to the Services may be denied to any Member who does not comply with the TOS. Such refusal may take effect immediately, without prior notification. If you do not agree with all or part of the content of the TOU, you must immediately leave the Site and stop using the Services. Your use of the Site and/or Services constitutes your unreserved acceptance of the T&Cs.

Gymoba.com reserves the right to modify the T&C at any time and will make its best efforts to inform you as soon as possible. It is important that you read them regularly, as any changes take effect immediately upon publication, which you accept without reservation.

1 – THE GYMOBA MEMBER ACCOUNT

By registering on the Gymoba.com Site, you become a Member and have the opportunity to benefit from all the Services.

Registration as a Member is open to any natural person of full age, up to a maximum of one Member Account per person.

The creation of the Member Account is free and can be done through the Site, extensions or add-ons, or mobile or desktop applications.

To register and become a Member, you must provide certain mandatory information identified as such. Otherwise, we will not be able to proceed with your registration.

Once you have logged into your Member Account, you will be able to provide us with additional information about yourself. This information is optional but helps to limit the risk of fraud and usurpation of your Account.

You can change all this information at any time by contacting Customer Service.

By registering, you agree to provide complete, accurate and up-to-date information and to subsequently modify, through your Member Account, any information about you that has become obsolete or incorrect.

Once your Member Account has been created, you will receive a registration confirmation email to the email address you have entered.

No data or information of a defamatory or offensive, unlawful, erroneous or falsified nature or infringing public order, morality or the rights of third parties may be used in connection with this registration.

If necessary, Gymoba.com reserves the right to deactivate or delete your Member Account.

Your Gymoba.com Member Account, your password and any other information allowing access to your Member Account are strictly confidential information that may not be used or communicated to third parties. You are responsible for the use of your Member Account by any third party, in particular in the event of recklessness or negligence on your part.

By using the Gymoba.com Cashback Services in accordance with these Terms of Use, you have the opportunity to earn commissions.

For more details on the means and conditions for receiving these commissions, please refer to Article 2 below.

As soon as the balance of your Member Account reaches the minimum of 50 euros (validated commissions only) you can request payment via your Member Account.

Two payment options are possible:

– Payment by bank transfer (not available to savings accounts and youth passbooks);

– Paypal

It is only possible to request payment of the full balance of your Account: no partial payment can be considered by bank transfer.

For payment by bank transfer, you must provide us with your bank details (IBAN and BIC). The information collected is strictly confidential and will only be used to pay the balance of your Gymoba.com Member Account.

For payments by bank transfer, two situations are to be distinguished:

– If you make your payment request between the 1st and the 14th of the month included:

Your payment will be validated by Gymoba.com between the 15th and 30th of the same month and the transfer will be made by Gymoba.com on the last day of the month.

– If you make your payment request between the 15th and the last day of the month included:

Your payment will be validated by Gymoba.com between the 1st and the 15th of the following month and the transfer will be made by Gymoba.com on the 16th of the following month

Provided you have provided all the necessary information, once the transfer has been validated by Gymoba.com, you will receive your winnings on the bank account you have designated within two to five working days (depending on the processing times of the banking institutions).

The deadlines mentioned in this article are indicative and in any case, Gymoba.com cannot be held responsible for any delays or payment defaults that may be attributable to you or to third parties, in particular banking institutions.

You can cancel your registration with Gymoba.com and have your Member Account deleted at any time by contacting Customer Service at the following address: gymoba@gmail.com

If the balance of your Member Account reaches the minimum of 50 euros, you will be able to obtain payment of the balance according to the terms described in these General Terms and Conditions of Use.

If the balance of your Member Account is less than 50 euros on the day of your request to terminate your account, this amount will be definitively lost.

If you do not log in and validate your purchases to your Member Account for an uninterrupted period of two years, Gymoba.com will send you an email to the address you entered in your Member Account, informing you that if you do not log in and validate your purchases to the latter within one month of sending the email, it will be deleted and the balance of the latter will be permanently lost.

If you do not log in and validate your purchases within one month of sending this email, your Member Account will be permanently deleted and its balance will be permanently lost.

If you log into your Member Account and purchase within one month of sending this email, your Member Account will not be deleted and its balance will be maintained.

In the following special circumstances, Gymoba.com may delete your Gymoba.com Member Account without notice:

(i) failure to comply with these General Terms and Conditions of Use;

(ii) fraudulent use of the Member Account, including (but not limited to):

– an attempt by a Member to receive a cashback commission for ineligible orders, in particular those cancelled or for which payments have not been made, and which do not comply with the partnership conditions between Gymoba.com and the Merchant Partners;

– the use of robots or automatic computer programs;

In the event of fraud, Gymoba.com will inform the Member concerned of the deactivation of his Member Account and request that he provide, at the latest within one month, a bank statement for the payment of the balance of his Member Account, after deduction of any commissions resulting from fraudulent acts committed, provided that the conditions of Article 1 are met.

All commissions and winnings fraudulently earned will be forfeited and will not be paid

The Member may then no longer use the Gymoba.com Services.

With regard to winnings previously acquired not fraudulently, if the Member fails to provide a bank statement within one month, the balance of his Member Account will be definitively lost.

The Member Account will be permanently deleted within two months of deactivation

2 – THE CASHBACK SERVICE

As a Gymoba.com Member you have the opportunity to be paid a commission for purchases you make at Partner Merchants via the Gymoba.com Site, under the following conditions.

Partner Merchants are merchants with whom Gymoba.com has a direct or indirect agreement and with whom purchases made by Members may give rise to the payment of a commission.

Gymoba.com remains free to change the list of Partner Merchants and the terms and conditions of partnerships as it sees fit.

The commissions offered by Gymoba.com for each of the Partner Merchants are expressed either in value in euros (for example: 5 euros), or as a percentage of the purchase amount excluding taxes and delivery costs (for example: 5%).

The amount of the commission and the specific conditions for granting it vary from one Partner Merchant to another.

However, at the time of use of the Service, only the information contained on the Gymoba.com Site will be authentic.

In particular, the amount of the commission is likely to change over time and the amount or rate withheld will be that applicable at the time the order is finalized at the relevant Merchant Partner as it appears on the Gymoba.com Site.

The Member may be paid and receive a commission when he makes a purchase from one of the Partner Merchants provided he has logged in:

– via the Gymoba.com Site

– connect to your on the Gymoba.com Site;

– access the Partner Merchant file;

– click on our Activate Deal button and make your purchase as usual.

You will need to do this as many times as you want to make purchases.

The commission will be taken into account when the order is finalized at the Partner Merchant and will then appear in the Gymoba.com Member Account.

Unless otherwise specified in the Partner Merchant’s Form, the commission will only be definitively acquired by the Member when the order to which it relates has been definitively executed and the payment definitively made (product delivered, no return or exercise of the right of withdrawal).

As long as the Partner Merchant has not confirmed the finality of the order and payment, the corresponding commission appears under the status “pending” on the Member Account. This status is provisional. It allows the Merchant Partner to verify that your purchase has been made according to the required conditions.

When the Merchant Partner confirms the finality of the order and payment, the commission appears under the status “Validated” and will be credited to the Member Account. This confirmation can take place between 1 and 4 months after all the commission’s validation conditions have been met.

If the order or payment is not finally executed (either due to a cancellation by you or the Partner Merchant) or if the commission is the result of an attempted fraud, it will appear under the status “Refused”.

If you feel that a commission should not have been declined, you can contact Customer Service via your Account to report the difficulty you are experiencing.

If necessary, Customer Service may ask you for supporting documents to process your request.

For your safety, in order to avoid fraud and offer you the best possible quality of service, Gymoba.com may ask you to justify a commission purchase.

Thus Gymoba.com may ask you to provide proof of order, purchase, delivery or a copy of the invoice corresponding to the order giving rise to the commission.

CAUTION: In order for the commission to be paid to you, it is essential to comply with the following conditions:

– You must connect to the Partner Merchant’s website via the Gymoba.com website;

– You must accept cookies and not use an ad blocking system.

A cookie is a file that is temporarily placed on your computer allowing the Merchant Partner to record your sale and to know that you have passed through Gymoba.com.

The cookie used by Gymoba.com may be a cookie offered by Gymoba.com, or a cookie offered by a Partner Merchant, a platform or any other solution used by the Partner Merchant to identify purchases made by you through the Gymoba.com Services.

This is why it is imperative that you configure your browser to accept cookies without limiting them to a few domains. Otherwise, the Gymoba.com commission could be refused.

The Gymoba.com Services are not compatible with programs or extensions that block advertisements or cookies.

– You should not use the “private browsing” modes or any other similar system offered by browsers.

– You must not browse other websites at the same time as you place your order (in particular discount voucher sites, search engines, price comparison, competing cashback sites, etc.).

– You must not, for the same order, use with the Partner Merchant an exclusive personalized offer that you received by email, mail or discount checkbook;

– You must not, for the same order, use competing or similar services to the Services (in particular competing cashback services), services offering discount coupons or promotions, referral services paid in cash or through a points system.

Gymoba.com cannot be combined with the loyalty systems of Partner Merchants either.

– You must have paid for the entire order and not cancel it (in whole or in part);

– You must respect the specific payment conditions of the cashback specific to the Partner Merchant concerned as they appear on its Partner Merchant Form on the Gymoba.com Site.

– If necessary, you must provide Gymoba.com with the purchase documents/invoices from the Merchant Partner that would be requested from you to definitively validate your commission.

Failure to comply with these rules would result in the commission not appearing on your Member Account or could appear under the status “declined”.

As soon as the balance of your Member Account reaches the minimum of 50 euros (validated commissions only) you can request payment via your Member Account.

A member must declare his cashback earnings to tax when he receives more than 1200€ of earnings through Gymoba.com (any type of payment: bank transfer, gift vouchers), over a calendar year (01/01/N to 31/12/N).

3 – MEMBER BEHAVIOUR AND COMPLAINTS

Gymoba.com offers several Services to buy cheaper on the Internet. Gymoba.com expects Members to behave like a good family man, in particular for:

– the use of all Gymoba.com Services;

– Claims related to the Cashback Service, to be made only if you are certain that you have used the Gymoba.com Services in accordance with these Terms and Conditions of Use and that you have followed the procedure for your order.

For any complaint, you can send an email to Gymoba.com Customer Service at gymoba@gmail.com specifying the terms of your complaint (problem encountered, account concerned, circumstances, date, etc.).

4 – AVAILABILITY OF SERVICES – RESPONSIBILITIES

In order to use the Gymoba.com Services, it is necessary that you have a computer, as well as Internet access with this computer.

Any costs corresponding to these materials and accesses are at your sole expense.

Gymoba.com undertakes to make its best efforts to make and maintain accessible the Services available on its Site or desktop application.

Gymoba.com being subject to an obligation of means in this respect, Gymoba.com does not guarantee that the Gymoba.com Services will be accessible 24 hours a day, 7 days a week.

In particular, Gymoba.com cannot be held liable in the following cases:

– temporary interruptions of the Services as part of their maintenance;

– temporary interruptions of the Services beyond the control of Gymoba.com, in particular in the event of an interruption of electricity or telecommunications services (and hosting);

– failure or malfunction of the Internet network in the transmission of messages or documents;

– unavailability of Partner Merchant sites;

– or any other event constituting a case of force majeure.

Any unforeseeable, irresistible event external to the parties, such as, but not limited to: war, civil insurrection, natural disasters, embargoes, fire, labour dispute, strike, general disruption of supply of raw materials, disruption or strike (total or partial) of postal services, etc., shall be considered as a case of force majeure.

Gymoba.com may not be held liable for damages relating to the use of the Internet network, and in particular for the presence of any malicious computer program or any external intrusion.

Gymoba.com reserves the right to modify or interrupt temporarily or permanently all or part of the Site or Services at any time, without having to inform the user or Member in advance.

Gymoba.com does not guarantee the proper functioning of the Services in the event of concomitant use by the user of the Site or the Member of other programs, such as firewall, proxy, advertising blocker, without this list being exhaustive, and more generally of any other system blocking, limiting or altering access to the Gymoba.com Site or the sites of the Partner Merchants.

It is your responsibility to ensure that your hardware and software will not disrupt or interfere with the Gymoba.com Services.

The user of the Gymoba.com Services expressly acknowledges and accepts that:

– The free Discount Price Comparison Service is designed to meet the non-professional, reasonable and normal use of the greatest number of users.

– Gymoba.com does its best to provide you with the most up-to-date and accurate information and data, including pricing, on the products and services on its Site. Nevertheless, as this information and data are transmitted by the Merchant Partners, Gymoba.com cannot guarantee the accuracy or completeness of the information.

– In the event of differences between the information and data displayed on the Gymoba.com Site and those displayed on the Partner Merchant’s website, only the information and amounts displayed on the Merchant’s website are authentic.

– Merchant Partners are third parties to Gymoba.com. Gymoba.com cannot be held responsible for the breaches of Partner Merchants, including product unavailability, delivery delays, product defects, etc.

– In addition, Gymoba.com does not intervene in the payment of purchases made or in deliveries and cannot therefore be held responsible for any improper execution or non-execution in this respect.

– Subject to applicable law, you use the Gymoba.com Site at your own risk. The Gymoba.com Site is subject to change and Gymoba.com reserves the right to restrict access to certain parts or features of the Site at any time. Gymoba.com cannot be held responsible in the event of a service interruption and does not guarantee that the site is free of errors or viruses. Any downloads made on the Gymoba.com Site will be made under your responsibility and Gymoba.com shall not be held liable for any damage or loss of data resulting from the download. Gymoba.com does not guarantee that the content of the site is exhaustive, adequate, useful, timely or certain.

– Gymoba.com cannot be held responsible for the use made by third parties of your Member Account in the event of negligence or recklessness on your part regarding the storage and communication of your login details (Login and passwords in particular, or access to your email box).

5 – PROTECTION OF PERSONAL DATA

Personal data is collected on the Gymoba.com Site by Gymoba.com in order to allow you to have a Member Account and access to the Gymoba.com Services.

Certain personal data are essential to the creation of your Member Account and its functioning; they are identified as such. If this mandatory information is not provided, the creation of the Member Account and its use cannot be carried out. Other personal data requested are optional.

In addition, to use the Gymoba.com Services, you must accept all cookies. Login and navigation data can be collected to allow the allocation of your commissions.

In accordance with the law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, you have the right to access, modify, rectify and delete personal data concerning you.

These rights may be exercised if necessary, either through your Member Account, or by writing to gymoba@gmail.com with proof of your identity.

However, we reserve the right to oppose manifestly abusive requests, in particular by their number, repetitive or systematic nature.

You also have the right to object, for legitimate reasons, to the collection of personal data about you.

We undertake to implement compliant means to avoid any breach of the integrity and confidentiality of the personal data collected.

However, the security, confidentiality or integrity of data transmitted over the Internet is not guaranteed due to the characteristics of the network.

In particular, we cannot be held liable for any loss, disclosure to a third party or fraudulent use of your login details that is not attributable to us.

The user of the Gymoba.com Services expressly acknowledges and accepts that:

– The free Discount Price Comparison Service is designed to meet the non-professional, reasonable and normal use of the greatest number of users.

– Gymoba.com does its best to provide you with the most up-to-date and accurate information and data, including pricing, on the products and services on its Site. Nevertheless, as this information and data are transmitted by the Merchant Partners, Gymoba.com cannot guarantee the accuracy or completeness of the information.

– In the event of differences between the information and data displayed on the Gymoba.com Site and those displayed on the Partner Merchant’s website, only the information and amounts displayed on the Merchant’s website are authentic.

– Merchant Partners are third parties to Gymoba.com. Gymoba.com cannot be held responsible for the breaches of Partner Merchants, including product unavailability, delivery delays, product defects, etc.

– In addition, Gymoba.com does not intervene in the payment of purchases made or in deliveries and cannot therefore be held responsible for any improper execution or non-execution in this respect.

– Subject to applicable law, you use the Gymoba.com Site at your own risk. The Gymoba.com Site is subject to change and Gymoba.com reserves the right to restrict access to certain parts or features of the Site at any time. Gymoba.com cannot be held responsible in the event of a service interruption and does not guarantee that the site is free of errors or viruses. Any downloads made on the Gymoba.com Site will be made under your responsibility and Gymoba.com shall not be held liable for any damage or loss of data resulting from the download. Gymoba.com does not guarantee that the content of the site is exhaustive, adequate, useful, timely or certain.

– Gymoba.com cannot be held responsible for the use made by third parties of your Member Account in the event of negligence or recklessness on your part regarding the storage and communication of your login details (Login and passwords in particular, or access to your email box).

6 – INTELLECTUAL PROPERTY

All elements of the Gymoba.com Site (including but not limited to trademarks, the form of texts, drawings, images, logos, icons, sound recordings, downloadable documents, interfaces, coding, software) are the exclusive property of Gymoba.com or its content suppliers and are protected by the provisions of the Intellectual Property Code and the international conventions applicable to intellectual property rights.

Any reproduction, representation, adaptation, total or partial, and any downloading and transfer, on any medium of all or part of this content, is strictly prohibited without the prior written consent of Gymoba.com and any other rights holders.

7 – DIVISIBILITY OF CLAUSES

If one or more provisions of these General Terms and Conditions of Use are found to be void, unenforceable, void or illegal, the other provisions shall nevertheless retain their full force and scope.

8 – APPLICABLE LAW

The Gymoba.com Site and the Gymoba.com Services have been designed and implemented in accordance with the provisions applicable under French law. Their use is also subject to French law.

If the Gymoba.com Site or the Gymoba.com Services do not comply with the applicable laws of the country from which you access it, you must cease all use of the latter.

These General Terms and Conditions of Use are subject to French law and any dispute relating to their validity, interpretation or termination shall be settled in accordance with the latter.