TOTEMUS is a service made available to you by LUDIFICA (SRL LUDIFICA, whose registered office is at Voie de l’Ardenne, n°134/6 at 4053 Chaudfontaine and registered with the B.C.E. under n° 0770.789.120).
The purpose of these general conditions of use (“General Conditions”) is to define the conditions of use of the Application and the conditions governing the TOTEMUS service.
Any person using the Application is deemed to have read and agreed to the application of the General Terms and Conditions.
Moreover, the TOTEMUS service is only accessible to Users who have created an Account on the Application. During the registration process, the User acknowledges having read and accepted these General Terms and Conditions.
These General Terms and Conditions are available at any time at the following address: https://totemus.com/conditions-generales
Definitions
- “Application” means the TOTEMUS application available at the following address:
- “Gift vouchers” refers to the benefits that Members may obtain in exchange for the Toteez accumulated in their Account and previously won by participating in the Treasure Hunts offered on the Application.
- “Treasure Hunt” refers to the routes made available to Users on the Application.
- “General Conditions” means these general conditions which define the conditions of use of the Application, as well as the conditions governing the TOTEMUS service.
- “Account” means each Member’s personal space which contains their personal details and the Toteez they have accumulated.
- “Premium Account” means the Member’s Account which gives access to additional features in return for payment of a fee.
- “Consumer” means a person who is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law.
- “Indirect damage” refers to the direct consequences of direct damage. Without this list being limitative, these damages include any financial or commercial prejudice, loss of clientele, patients or savings, any increase in costs and other overheads, loss of profit, loss of brand image, any postponement or disruption in the planning of projects or activity, loss of data and its consequences.
- “Intellectual Property Rights” means all copyrights, patents, innovations, trademarks, geographical indications, domain names, rights in layout-designs, registered designs, design rights, database rights, trade or company names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications therefor, whether now existing or hereafter created, anywhere in the world, whether registered or unregistered, and all benefits, privileges, rights of action, damages or other relief or remedy for any past, present or future infringement, misappropriation or violation of any of the foregoing rights.
- “Force Majeure” means, in addition to the circumstances usually accepted by doctrine and the courts, any legislative or regulatory changes, fires, storms, floods, total or partial strikes, particularly of postal services and means of transport and/or communications, lockdowns, epidemics, pandemics, natural disasters, terrorist acts, wars, power surges and electric shocks, electromagnetic shocks, thunderstorms, solar radiation from solar eruptions, breakdowns in cooling systems and computer equipment, blockages and slowdowns in electronic communications networks, viruses, computer hacking, including denial of service attacks, and more generally any event unforeseeable by the Parties.
- “Gift Grotto” means the place on the Application where Members can exchange their Toteez for Gift Vouchers valid at LUDIFICA Partners.
- “Member” means any natural person who has created an Account for the TOTEMUS Application and who is a Consumer.
- “We, Us, Our” refers to SRL LUDIFICA.
- “Partner” means any partner organisation or company with which LUDIFICA collaborates; they make treasure hunts and/or Gifts available to LUDIFICA.
- “Platform” means the Website and the Application on which Users have access to the TOTEMUS Service.
- “Service(s)” means the service by which each User who becomes a Member by creating an Account on the Application can win Toteez by participating in the treasure hunts offered by TOTEMUS and its Partners.
- “Website” means the TOTEMUS website available at the following address: https://totemus.com.
- “Toteez” means the unit of measurement with which Members are rewarded when participating in a Treasure Hunt.
- “User” means any Internet user who visits the Platform.
- Unless otherwise specified, plurals include singulars and vice versa.
- Terms that are not defined are understood in their common meaning.
Application of the General Terms and Conditions
Membership
The User may only become a Member after accepting these General Terms and Conditions. By registering on the Application, the User acknowledges that he/she has read these General Terms and Conditions and accepts them unreservedly by ticking the appropriate box.
Modification
The General Conditions may be modified at any time by LUDIFICA and without prior notice. Changes will be brought to the attention of the User in the most appropriate manner, taking into account the state of the art.
Any modification will take effect immediately from the time the new version of the General Conditions is put online on the Application.
The Member is free to delete his or her Account if the modified General Terms and Conditions do not suit him or her. If they fail to delete their Account after a period of 15 days, they will be deemed to have accepted the new version of the General Terms and Conditions unreservedly.
Duration
These General Terms and Conditions apply for as long as the User has an Account on the Application.
Terms of Service
Description of the Service
TOTEMUS is a service provided by LUDIFICA on its Platform.
This service allows the Member to win Toteez by participating to the Treasure Hunts proposed by TOTEMUS and its Partners.
Access conditions
To become a Member, the User must meet the following conditions:
- Be a natural person
- Have an e-mail address
- Be over 13 years of age.
If the user is under eighteen (18) years of age, he/she acknowledges and guarantees that he/she has received his/her parent’s or legal guardian’s agreement to register on the Application and thus contract with LUDIFICA to benefit from the Service and subsequently be able to exchange the Toteez collected on his/her Account for Vouchers.
Service price
The Service is accessible to anyone who registers on the Application and accepts these Terms and Conditions.
The Service does not require any payment, but it does involve the processing of Members’ data.
Members may have access to additional functionalities if they subscribe to a Premium Account, in return for payment of a fee.
Toteez
The Service allows you to win Toteez by taking part in treasure hunts made available on the Application.
For each Treasure Hunt, the User is informed in advance of the number of Toteez that can be won. The number of Toteez that can be won is set by LUDIFICA at its sole discretion and depends in particular on the length of the Treasure Hunt, its duration, its gradient and its type.
Toteez are acquired when the User wins a totem. The Toteez won are then shown on the User’s Account on the Application.
Toteez earned can be exchanged for Gift Vouchers via the Application.
Toteez have no monetary value and may not be exchanged other than on the Application and may under no circumstances be exchanged for money, transferred to another Member, sold to third parties/to another Member, …
Toteez are valid until deletion of the Account by the User, by LUDIFICA or for inactivity.
Once the Toteez have been credited to the Account, LUDIFICA is no longer responsible for managing the Points. Any loss, theft or fraudulent use of the Toteez credited to the Account is the responsibility of the User.
Gift vouchers
Your Toteez balance is available at any time on your Account on the Application.
The Toteez accumulated by Members in their Account can be exchanged for Gift Vouchers via the Application.
The number of Toteez corresponding to the value of the Gift Vouchers you have selected on the Application will be deducted from the Toteez balance in your Account. Once the redemption has been made on the Application, the Toteez debited cannot be recovered.
Gift Vouchers made available on the Application are neither exchangeable nor refundable. For any claim, the Member is invited to contact the corresponding Partner service provider.
LUDIFICA declines all responsibility for any problem or dispute concerning the exchange of Toteez for Gift Vouchers, the delivery of the Gift Voucher or the quality of the Gift Voucher.
LUDIFICA does not provide any guarantee as to the services and Gift Vouchers offered by its Partners and cannot under any circumstances be held responsible for the poor quality or poor performance of these services.
Account
Account creation
To become a Member and benefit from the Service, the User must create an Account on the Application.
To do this, the User must enter their details in the registration form. The User is solely responsible for the accuracy, completeness and relevance of the information he/she submits. LUDIFICA will not be liable for any damage resulting from inaccuracies or omissions in the information provided by the User.
Among the information, the User chooses an identifier and a password.
Each person may only have one Account on the Application. An Account is strictly personal and may not be shared with a third party. In particular, Users must not divulge their login and/or password to anyone else.
The User is responsible for the security and confidentiality of his/her Account, terminals, passwords and connection. Any use of the Service using the Member’s login and password is deemed to have been made by the Member himself. Consequently, the User is responsible for all activities carried out from or via his/her Account.
If the Member’s identifier and/or password are lost or stolen, or if the Member believes that unauthorised third parties have accessed his or her Account, he or she must inform LUDIFICA directly in writing and change his or her password as soon as possible. The Member can reset his password on the Application.
Once the registration has been validated, the User will receive an e-mail allowing him/her to confirm the e-mail address indicated in the registration form. The User must then click on the confirmation link to confirm their email address, activate their Account and become a Member.
Deletion of the Account by LUDIFICA or by the Member
LUDIFICA reserves the right to suspend or delete, at its sole discretion, any Account that does not comply with these Terms and Conditions.
LUDIFICA also reserves the right to delete any inactive Account. Any Account relating to a Member who has not won/exchanged Toteez for a period of 12 months is considered inactive.
The Member may also terminate his or her Account at any time by following the procedure provided for this purpose on the Application or by requesting LUDIFICA directly in writing to delete his or her Account at the following address: info@ludifica.be.
Consequences of deleting the Account
When LUDIFICA deletes a member’s Account on its own initiative, when the Member deletes his Account or when he asks LUDIFICA to delete his Account, the Account is deleted immediately.
Once the Account is deleted, the Member loses all the Toteez that he/she had collected.
If the Member decides to re-register to the Application, he will not be able to recover the Toteez he had before the deletion of his Account.
Premium Account
Description
The Premium Account allows the Member to have additional functionalities to those made available by TOTEMUS as part of the Service.
These additional features are as follows:
- Access to a voice player within the TOTEMUS application;
- Access to the content of the treasure hunts after they have been completed;
- Access to a 20% discount when buying gifts in the Gift Grotto;
- Access to new exclusive badges;
- Visual recognition of the Premium member on their profile and everywhere they appear in the Application.
LUDIFICA reserves the right to develop the features included in the Premium Account, to add or remove them, without any right to reimbursement on the part of the User, provided that the overall level of benefit for the Member is maintained.
Access conditions
To benefit from a Premium Account, the Member must take out a periodic subscription and pay a monthly or annual instalment, as appropriate.
When subscribing for the first time, Members benefit from a free 7-day trial period, with no obligation.
During this period, the Member may use all the Premium features free of charge. They may cancel their subscription at any time before the end of the trial by clicking on :
- the “My Premium subscription” menu in the Application, or
- their phone’s subscription settings via the App Store or Play Store.
Unless cancelled before the end of the trial, the subscription will be automatically activated and billed according to the chosen formula (monthly or annual) at the end of the 7 days.
By validating the trial request, the Member :
- acknowledges having been informed of the automatic triggering of payment at the end of the trial ;
- gives his/her explicit consent to this automatic debit;
- accepts that performance of the Service will begin immediately, and that, unless cancelled during the trial period, they waive their legal right of withdrawal from the date of invoicing.
Premium Account price
The Premium Account is accessible to anyone who registers on the Application, accepts these Terms and Conditions, takes out a periodic subscription and pays the price.
The price of the monthly or annual Premium Account is set as follows: €6.99/month or €59.99/year.
LUDIFICA reserves the right to introduce tariffs and modify prices unilaterally. The Member will be informed within a reasonable time before any modification and may close his Premium Account. Any User of the Application who retains his Premium Account after this period has elapsed will be deemed to have accepted the price set by LUDIFICA.
Payment
The Member pays the monthly instalment or annual fee on the day on which he/she takes out a periodic subscription in order to benefit from a Premium Account and then on the anniversary date of this subscription.
Any unjustified delay in payment will result in the application of late payment interest at the legal rate.
If the User does not pay the monthly instalment, quarterly instalment or annual instalment due within the agreed period, they will be liable to pay compensation of :
- EUR 20 if the outstanding amount is less than or equal to EUR 150 ;
- EUR 30 plus 10% of the amount due between EUR 150.01 and EUR 500 if the amount outstanding is between EUR 150.01 and EUR 500;
- EUR 65 increased by 5% of the amount due on the tranche greater than EUR 500 with a maximum of EUR 2,000 if the amount outstanding is greater than EUR 500.
Payment methods
The periodic subscription to a Premium Account is paid for electronically, via a secure payment interface based on current technology. Only credit card and PayPal payments are authorised.
The amount will be debited from the bank account used immediately after confirmation of payment.
Recurring subscription and automatic renewal
Periodic subscription to the Premium Account is renewed automatically.
After the initial subscription period – set at one month or one year – and after any subsequent subscription period, the Member’s periodic subscription will be automatically renewed for an additional equivalent period, at the price set when the initial periodic subscription was taken out.
Modification or termination of Premium Account subscription
To change or cancel their periodic subscription, Members can do so directly from the Application (“More” menu, then “My Premium Subscription”), or via the phone’s subscription settings (on iOS: Settings → Apple ID → Subscriptions → Totemus → Cancel. On Android: Google Play → Payments and Subscriptions → Subscriptions → Totemus → Cancel), or must send a letter to the following address info@ludifica.be in which they inform TOTEMUS of their intention to cancel their Premium Account subscription, even if they have deleted their TOTEMUS account or deleted the TOTEMUS application from their device.
The deletion of the Member’s TOTEMUS account or of the TOTEMUS application from the Member’s device does not result in the termination or cancellation of the recurring subscription.
In the event of termination or cancellation of the periodic subscription, the Member may continue to use it until the end of the current subscription period. The Member’s subscription will not be renewed at the end of this period. This provision does not apply in the event of a breach of article 8. Obligations of users of these general terms and conditions of use.
Termination or cancellation of the periodic subscription does not entail deletion of the Member’s TOTEMUS account.
Right of withdrawal
Pursuant to Article VI.53, 1° of the Code of Economic Law, the User/Member who orders a Service/subscribes a Premium Account via the Application acknowledges that he/she loses the benefit of his/her right of withdrawal once he/she has given his/her express prior agreement to the performance of the Service.
The User/Member is deemed to have given his/her express prior agreement to the performance of the Service as soon as he/she downloads the Application/subscribes for a Premium Account.
Limitation of liability
As a general rule, LUDIFICA is bound by obligations of means.
Unless otherwise agreed, the information provided by LUDIFICA is general and informative.
LUDIFICA makes its best efforts to ensure the proper functioning of the Application and access to the Services 24 hours a day, 7 days a week.
However, the User understands and accepts that the Application may be temporarily inaccessible for technical reasons, in particular in the event of updating or maintenance.
The User is also aware that a technical problem, such as a virus, computer bug or malicious intrusion when using the Application, cannot be totally excluded.
LUDIFICA declines all responsibility for any such inconvenience or damage attributable to third parties such as, but not limited to:
- an absence, breakdown or slowness of the internal connection or slowness of the server or other element of the IT infrastructure,
- external intrusion or the presence of computer viruses distributed via the Internet or by any other means, and the resulting consequences for the server or any other element of the IT infrastructure.
- attempted fraud by phishing or any other technique,
- misappropriation or theft of information or a computer crash,
- partial or total, temporary or permanent interruption of the Service by a third party.
The content generated by the User or Member when using the Application is his/her full and entire responsibility. LUDIFICA is not responsible for the content created on or through the Service, and accepts no liability arising from the existence of illicit content on the Application caused by third parties or Users.
In any event, LUDIFICA cannot be held responsible for any indirect Damage.
Furthermore, in any event, except for bodily injury or death of the User due to an action or omission of LUDIFICA, LUDIFICA’s liability is limited to EUR 59.99 per claim.
In any event, LUDIFICA declines all liability in the event of :
- force majeure
- fault, negligence, or any act attributable to the User/Member.
Obligations of Users
Users shall use the Application prudently and diligently, in compliance with the law, the General Terms and Conditions and good morals.
Users remain solely responsible for the information they submit and enter on the Application. It is therefore the User’s responsibility to check the accuracy, completeness and relevance of this information. LUDIFICA may not be held liable for any prejudice that may arise from the inaccuracy or omissions of information provided by Users.
It is also forbidden for the User or Member to attempt to obtain Toteez by fraud or misuse of the Service.
LUDIFICA reserves the right to refuse access to the Application or to close an Account if a User or Member violates any applicable law or any provision of the General Terms and Conditions or adopts fraudulent or abnormal behaviour or any behaviour that a normally prudent and diligent person would not adopt.
This includes, but is not limited to
- Using the Service in breach of public policy and ethics;
- Use of the Service in violation of the rights of LUDIFICA or third parties;
- Any fraudulent attempt to acquire Toteez to which the Member is not entitled;
- The creation or attempted creation of several Accounts for the same person;
- Any behaviour which runs counter to the values of the Service provided by TOTEMUS, and in particular the use of subterfuges to participate in the Hunts from home;
- Failure on the part of the Member to provide/update information concerning him/her.
In this case, the User or the Member may not claim any compensation whatsoever.
The deletion of the Account and the loss by the Member of his/her Toteez is without prejudice to LUDIFICA’s right to take legal action against the Member or to claim other compensation.
Processing of personal data
LUDIFICA is committed to respecting your personal data and processing it with the utmost care and ensuring the highest level of protection in accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”) and the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data (hereinafter “Belgian Law”).
To this end, LUDIFICA processes your data in accordance with its Data Protection Policy and its Cookies Policy, which the User/Member is invited to go and consult and which form an integral part of these General Terms and Conditions.
Intellectual property
The Application, its source code, its design, its layout, the texts and images it contains, the databases linked to it (both their content and their structure); the brands, logos, corporate name, domain names, etc. of LUDIFICA are protected by the intellectual property rights of which LUDIFICA is the owner.
The User and the Member undertake not to infringe the property rights and intellectual rights of LUDIFICA on the Application and all other elements protected by intellectual property rights held by LUDIFICA.
The User and the Member may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, license, transfer, sell, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the elements protected by intellectual property rights held by LUDIFICA, in which case they would be guilty of an act of infringement.
Third-party sites
The Application may contain hypertext links to other websites published by third parties over which LUDIFICA has no control. Therefore, LUDIFICA is not responsible for the content of these third party sites. LUDIFICA declines all responsibility for the use of third party websites or mobile sites and/or applications to which the User may have access via the Service.
The User accepts sole responsibility if he/she visits these third party sites. As soon as the User is redirected to a third party site, the conditions of use of the site in question apply in place of these General Conditions, which cease to apply.
If the User accesses, via the Application, a third party site that is illicit or harmful in any way whatsoever, he/she shall immediately notify LUDIFICA so as to enable it to remove the link to the disputed site without delay.
Miscellaneous
These General Conditions constitute the entire agreement between the User/Member and LUDIFICA concerning the use of and access to the Service and supersede any prior agreement or representation, oral or written, between the Parties. Any modification of these General Conditions must be made in writing.
The General Terms and Conditions take precedence over any other agreement concluded between the Parties.
The invalidity or unenforceability of any provision of the General Terms and Conditions shall not adversely affect the validity or enforceability of the remaining provisions of the agreement.
Each party will use its best efforts to negotiate immediately and in good faith a valid replacement clause which retains, as far as possible, the economic balance and the intention of the parties as reflected in the deleted clause.
The fact that LUDIFICA does not avail itself of a breach by a User or a Member of any of the obligations referred to in the General Terms and Conditions, or delays in exercising any of the rights it holds under these General Terms and Conditions, shall not constitute a definitive waiver of the enforcement of this or any other provision, or of the exercise of this or any other right.
The Parties expressly agree to accept electronic documents as proof.
LUDIFICA reserves the right to delegate or subcontract the performance of any of its functions in relation to the Service and to use service providers, subcontractors and/or agents on such terms as it deems appropriate.
The General Terms and Conditions are written in French. Any translation into another language is provided for information purposes only. In the event of any difference or contradiction between the different versions, the French version shall take precedence.
Applicable law and jurisdiction
The Parties will attempt to resolve any difficulties arising from the Agreement by amicable negotiation.
If an amicable agreement cannot be reached, the proceedings will be conducted in French, regardless of the language of the contract.
The law applicable to the interpretation and performance of the Agreement is Belgian law, to the exclusion of all others.
The Parties agree that the courts of the judicial district of Liège shall have exclusive jurisdiction.