Legal Notices and General Terms & Conditions of Use

The following Legal Mentions and General Terms & Conditions of Use (hereinafter referred to as “Terms & Conditions”) apply to all visitors (You or “User”) of the website “www.family-pact.com, www.familypact.fr, www.familypact.be, www.familypact.net, www.familypact.uk, www.familypact.eu, www.familypact.co.uk, www.familypact.us, www.familypact.de, www.familypact.lu, www.familypact.it” (hereinafter referred to as the “Site”).

They define the way in which services are provided on the Site, as well as the conditions under which Users may use the Site and its Services.

Any access to and/or use of the Site is subject to these General Terms & Conditions of Use. Any access to and/or use of the Site implies the unreserved and unconditional acceptance of and compliance with these Terms & Conditions.

These Terms & Conditions are subject to change by the company TAM TAM, and shall be deemed binding for any user 15 business days as of their date of publication on the Site.

The publisher reserves the right to modify these Terms & Conditions at any time. Any modification shall take effect as of the date of publication thereof on the Site. Registered members shall be notified beforehand by email.

Users are advised to read these Terms & Conditions on a regular basis.

The mere use of the Site by a User after a modification has been made to these Terms & Conditions of Use is tantamount to the acceptance of the amended Terms & Conditions by that User.

In the event a User does not agree with the said modification, that User should no longer use the Site, and that User’s account shall be removed without that User being entitled to claim any form of compensation whatsoever.

The Website and all the contents therein are published and owned by the company TAM TAM Luxembourg SA (hereinafter referred to as “we” or “our or “us” or “our company” or “TAM TAM”), a public limited company headquartered at 7 rue Jean Jaurès, registered with the Trade and Companies Register of Luxembourg under the number B140293, having the VAT number LU 22697424.

Our contact details:

- Telephone: (+352) 26 38 96 25 1

- Email: contact@family-pact.com

The Site is not an E-Commerce site. It offers a software intended for families. It is based on educational principles and allows parents and children to play and learn at the same time. It provides a system for managing rules of life, objectives and rewards. This Site is suitable for most types of computer device: desktop, laptop, tablet, smart phone.

Consultation of the Site, communication of the User’s personal data, and the use of any of the Site’s features, do not and cannot create a contractual commercial relationship between the User and the company TAM TAM.

The Site is accessible free of charge to any User with Internet access. Any costs incurred in accessing the Site, whether they relate to hardware, software or Internet use, shall exclusively be borne by the User. Users are solely responsible for ensuring their computer equipment and Internet access are in proper working order.

Persons under the age of 18 must obtain permission from their parents before accessing the Site.

Some features of the Site are reserved to users who have already created an account and have logged on to the Site using their login and their password. We reserve the right to refuse access to the Site, unilaterally and without prior notification, to any User who does not comply with these General Terms & Conditions of Use.

Users can register and log on to the Site directly using their Facebook login account via Facebook Connect. Users acknowledge that they have accepted the General Terms & Conditions of use of the site Facebook.com ( https://www.facebook.com/terms.php?ref=pf) and are aware of the possibility of posting information from the Site "www.familypact.lu" on Facebook. Users are solely responsible for monitoring their activity on Facebook, and under no circumstances shall the Publisher be held responsible for any dispute regarding the link between these two Sites.

By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and our User Agreement, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Notice. If you do not provide the information we require, we may not be able to provide all of our Services to you.

Any personal data collected via the Site are exclusively processed by our company. TAM TAM has implemented procedures and processes designed to ensure computer security, confidentiality and to protect Users’ personal data. TAM TAM undertakes to only use User’s personal data collected via the Site in accordance with the amended Law of 2 August 2002 relating to the protection of individuals with regard to automatic processing of personal data (law amended in 2005,2007, 2009 and 2010).

We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services.

We use the personal information we collect to: provide and improve our Services, to provide you with a personalized experience on our sites (especially, by offering you goals and rewards that you may like), to contact you about your account and our Services, to provide you customer service, to provide you with personalized advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.

We may use and retain your personal information as follows:

Provide, improve, and personalize our Services

Provide access to and use of our Services.

Offer you site content that includes items and services that you may like.

Keep track of your rewards fund.

Give you access to your actions history.

Customize, measure, and improve our Services.

Provide other services requested by you as described when we collect the information.

We may use geo-location information to provide you with location based services (such as advertising, search results, and other personalized content).

Contact you about your account and provide you customer service

Contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to poll your opinions through surveysor questionnaires, or as otherwise necessary to provide you customer service.

Contact you as necessary to enforce our User Agreement, applicable national laws, and any agreement we may have with you.

For these purposes we may contact you via email, telephone, text messages, and postal mail. When contacting you via telephone, to ensure efficiency, we may use autodialed or pre-recorded calls and text messages as described in our User Agreement. Message and data rates may apply.

Personalize our advertising and marketing communications

Personalize, measure, and improve our advertising based on your advertising customization preferences.

Contact you, either via email, telephone, text messages, and postal mail in order to: offer you coupons, discounts and special promotions, and inform you about our Services. We will use the contact information you have provided to contact you by e-mail, SMS text and/or telephone if you have consented to such contact. Message and data rates may apply.

Deliver targeted marketing, service updates, and promotional offers based on your communication preferences.

Prevent, detect, mitigate, and investigate fraudulent or illegal activities

Prevent, detect, mitigate, and investigate fraud, security breaches, potentially prohibited or illegal activities.

Enforce our Privacy Notice, our User Agreement or other policies.

They are not shared with any third-party. They are only collected for TAM TAM unless expressly agreed otherwise by the User beforehand.

Duration of data storage:
Any personal data collected are only stored for the period authorized by applicable law.

Pursuant to the amended Act of 2 August 2002 on the protection of individuals with regard to automatic processing of personal data, you have a right to access, communicate, rectify and delete your personal information at any time. To exercise any part of these right, the User can send an e-mail to the email address:
privacy@family-pact.com
or a letter to the following postal address:
TAM TAM Luxembourg SA
153-155 rue du Kiem
L-8030 Strassen
LUXEMBOURG

The Site only uses session cookies. These session cookies allow users to be recognized on our Site, thereby enabling any changes or selections made by a user on a given page to be held in computer memory and subsequently re-used from one page to the next.

We use all reasonable means at our disposal to ensure quality access to the Site and the security of any data you share with us via the Site, but we do not, however, assume any performance obligation in this regard.

We do not ensure continuous operation of the Site, which may be interrupted for maintenance reasons.

We cannot be held responsible for any other dysfunction or failure of the network or of the servers or for any other technical issue that is beyond our reasonable control which may prevent or adversely affect access to all or part of the Site, or in the event of an incident constituting force majeure as defined in the applicable regulation.

In particular, we wish to draw your attention to the limitations and constraints inherent to the Internet network, and to the impossibility of guaranteeing the absolute security of all information exchanged on the Internet. In this respect, you are responsible for taking all the necessary measures and precautions to protect yourself against any unauthorized intrusion of your I.T. system, notably by securing your internet connection with a password and/or security code or by using appropriate anti-virus software.

Furthermore, you are hereby informed that the quality of Site operations, including response times are likely to vary depending on the settings of your own connection device and those of your Internet network service. We do not assume any responsibility in this regard.

As a result, our liability cannot be incurred, either directly or indirectly and for whatever reason, in the event the Site does not function properly owing to one or several technical factors inherent to the User’s Internet network, hardware and software.

Similarly, we are not responsible for any form of incorrect operation or unavailability of the Site resulting from an improper use of the Site by the User, or from incompatibility issues with the User’s hardware or software.

Consequently, we cannot be held liable for the use of any information or content available on all or part of the Site for any reason whatsoever.

The whole of the Site, including its structure, its tree structure, its graphic design, its object code or source code, as well as its content (in particular texts, pictures, images, photographs, videos, information, logos, icon-buttons, software, audio files or other types of files, databases), except for photographs and/or content published by the Users, are the property of the Site publisher, and are protected by intellectual property laws, in particular copyright and trademark law.

You may access and use the Site and the content therein solely for personal use. Any professional or commercial use of the data contained within the Site is strictly prohibited.

We reserve all rights to the Site. Access and use of the Site does not constitute a transfer of our rights or a licence. Consequently, you may not use the Site for any other purpose than the one stated above, in particular for the purposes of publicly reproducing or representing, or modifying, extracting or de-compiling all or part of the Site, including its structure, its tree structure, its graphic design, its object or source codes, as well as its contents (including texts, graphics, pictures, images, videos, information, logos, icon-buttons, software, audio files or other types of files, databases), without our prior express agreement.

Any Users who failure to comply with the foregoing may be prosecuted.

The Site may contain hypertext links or references to third-party websites, including social networks. Our liability shall under no circumstances be incurred with respect to the content of any other Site to which the User may be directed via a hyperlink placed on our Site.

The insertion of any hyperlink to the Site is subject to our prior express agreement.

The computer data generated as a result of the User’s access and/or use of the Site (including computer programs, connection data, files, recordings, operations and other information stored on a computer or electronic storage device) (hereinafter referred to as “Data”) may be saved and archived by our company within our I.T. system to the extent permitted by the law and under conditions intended to ensure the integrity of that data.

These Data are binding between the User and our company, and shall constitute proof of communications between the User and our company.

The Data shall constitute literal proof within the meaning of article 1341 of the Civil Code and shall have the same probative force as a written document that has been received or stored on paper.

Consequently, you expressly acknowledge the fact that the Data may be legitimately produced as evidence with the same probative force as a written document that has been received or stored on paper, and may be used against you in the event of a dispute or legal proceeding.

We undertake not to dispute the admissibility, the opposability or the conclusive force of the Data on the grounds that it is electronic data. Users undertake to do likewise.

You can access all the said Data by sending a request either by (non-registered) post or by email.

These Terms & Conditions of Use are subject to the Law of Luxembourg. Subject to applicable mandatory legal provisions, in the event of any dispute relating to the interpretation, the application and the execution of these Terms & Conditions, as well as in case of any disputes relating to the Use of the Site, the courts of Luxembourg shall have exclusive jurisdiction.