Continuing browsing on the yuzu platform accessible via: app.yuzu.hr (hereinafter the” Platform ”) implies unreserved acceptance of the following provisions and conditions of use. The currently online version of the general conditions of use (hereinafter “” CGU ”) is the only enforceable for the duration of use of the Platform, and until a new version replaces it.
The Platform is published by YUZU, a simplified joint stock company, with a capital of 35,000 euros, whose head office is located at 5, rue Jacques Villermeaux — 54000 NANCY, registered with the Trade and Companies Register of NANCY under number 917 762 536 (hereinafter “” YUZU ”)
Intra-community VAT number: FR44917762536
Contact details:
- Email address: contact@yuzu.hr
- Publishing director: Léo Fichet
Hosting: The Platform is hosted by Firebase by Google (head office 188 King ST, San Francisco, CA94107, United States)
Contact: cloud.google.com/contact
“Evaluations” : refer to all the tools offered by Yuzu, in order to assess Participants in personalized and immersive experiences, developed with the latest Video Game technologies;
“Tests” : refer to all the “soft skills” tests developed and offered by Yuzu, and integrated into Evaluations, for its Customers;
“Customer” : refers to any natural or legal person having contracted with Yuzu and acting for the purposes of its commercial, artisanal, agricultural, industrial or liberal activity, using the Platform as part of its internal assessment needs related to recruitment, internal mobility and talent management as well as any natural or legal person who has contracted with Yuzu and acting for the purposes of its commercial, artisanal, agricultural, industrial or liberal activity, specialized in Human Resources, for the purposes of offered services of recruiting to its own customers.
“Account” : refers to the account necessarily opened by the Customer when the Customer first accessed the Platform.
“Participant Area” : refers to the Participant's individual and secure space, accessible using a personal username and password, provided by Yuzu, on which the Evaluations are directly carried out, and the results accessible;
“Customer Area” : refers to the Customer's individual and secure space, accessible through a personal username and password, provided by Yuzu, on which Evaluations and Participants are centralized, and the Reports accessible in real time. “Participants”: refers to any natural person who must pass the Evaluations offered by Yuzu, and purchased by the Customer, as part of their recruitment and/or as part of their internal evaluation;
“Report” : refers to the results of the Evaluations carried out in their entirety by a Participant, and transmitted directly to the Customer and to the Participants on their respective spaces.
“Credits” : refers to the virtual asset purchased by the Customer directly on the Yuzu Platform, under the conditions of article 6.1.1. hereof, which allows you to benefit from the Evaluations offered by Yuzu.
“Virtual wallet” : refers to the electronic wallet offered to Customers, accessible on the Yuzu Platform, allowing Credits to be stored, and Evaluations to be purchased on the Yuzu Platform.
“Platform” : refers to the platform accessible at the following address: app.yuzu.hr for Customers and game.yuzu.hr for Participants combining all services, functionalities, and content;
“Quote” : refers to the document, regardless of its form, issued by Yuzu and addressed to the Customer, relating to the provision of 50 Evaluations or more, and including in particular the terms of access to the Platform, the execution deadlines and the pricing conditions;
“General Terms of Use” or “TERMS OF USE” : has the meaning given in the preamble.
“Login Credentials” : refer to the email address associated with the Account as well as any Customer password allowing him to identify himself and access his Account;
“Personal Data” : refers to any information concerning an identified or identifiable natural person; a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements, specific to his physical, physiological, psychological, psychological, economic, cultural or social identity is deemed to be identifiable.
“Contract” : refers to the set consisting of the General Conditions of Use, the Special Conditions and their respective appendices where applicable, as well as their possible amendments;
“Parties” : refers jointly to Yuzu and the Customer;
“Stripe® platform” : refers to the payment solution platform integrated into the Site.
“Yuzu” : refers to the company Yuzu, a simplified joint stock company, with a capital of 35,000 euros, with a capital of 35,000 euros, located at 5 rue Jacques Villermeaux — 54000 Nancy, registered in the Nancy Trade and Companies Register (54) under the number 917 762 536;
YUZU publishes the Platform, intended to offer Evaluations of Job Participants via the “Serious Game” method.
As such, YUZU allows its Customers to join the Platform, in order to:
(i) Conduct the Participant Assessment according to criteria pre-determined by the Customer;
(ii) Centralize the Participants evaluated via the Platform on the Customer Area;
(iii) Access the Evaluation Reports in real time directly on the Customer Area;
The purpose of these T&Cs is to define the terms and conditions under which YUZU allows access to the Platform to Customers, from any country, as well as to distribute the mutual rights and obligations of the parties within this framework.
By concluding these T&Cs, the customer declares and guarantees:
● In case of a natural person : Be a natural person, of legal age, with full legal capacity and acting in the context of their professional activity;
● In case of entity : To be a person with full legal capacity acting in the name and on behalf of a legal entity itself acting in the context of its professional activity;
The CGU apply totally and exclusively, subject to the application of mandatory legal provisions, and govern the activity of the Platform throughout its existence. In the event of a conflict between the title of the clauses and their content, it is accepted that only the content can apply and be evidence of the will of the parties.
These CGU are part of a contractual package composed of:
- These T&Cs;
- Any Special Conditions if applicable;
- The Privacy Policy aimed at informing Customers of the rights they have over their Personal Data processed by YUZU and its partners as part of the Services.
In the event of a conflict of interpretation between the above contractual documents, the higher-ranking document will prevail.
It is specified that at the time of registering and creating an Account on the Platform, the Customer is invited to read and accept these T&Cs by ticking the corresponding box when creating an Account.
In the event that one of the provisions of these CGU is declared null or inapplicable by the effect of a law, regulation or decision emanating from a competent jurisdiction, only this stipulation will be rejected while the other stipulations will maintain their validity and force, except to imagine that these CGU are distorted or that this leads to a significant imbalance in the obligations of the Parties.
YUZU reserves the right, at any time and unilaterally, to supplement or modify these Terms and Conditions as it deems necessary.
The Customer will be informed of the update of the Terms of Use via the Platform and/or by sending an email to the address provided by the Customer on his Account, one (1) week before their entry into force. It is the Customer's responsibility to ensure the validity of this email address when registering.
It is the Customer's responsibility to carefully read the Terms and Conditions when they are updated and to take full note of the changes caused by the latter.
The fact that the Customer continues to use the functionalities and contents of the Platform after the entry into force of the new CGU implies unreserved acceptance on his part of the changes made to the CGU.
In the event of disagreement with the changes to the CGU, the Customer has the right to stop using the functionalities and contents of the Platform to permanently close his Account, if necessary, in accordance with article 7.1.
YUZU does not assume any difficulties in accessing the Platform, due to foreign legislation, connection difficulties or any restrictions beyond its control.
The consultation of the Platform is free; any additional costs borne by the Customer cannot be blamed or borne by YUZU in any way.
YUZU ensures the availability of the Platform 24 hours a day, 7 days a week, and optimal navigation at the technical level, but remains subject to a simple obligation of means in this respect.
The Platform is accessible on terminals with access to the Internet network and an internet browser.
In order to be able to order Evaluations, acquire Credits and use the functionalities and contents of the Platform, the Customer must have an Account.
For the purposes of creating an Account, the Customer must fill in each field of the registration form by providing the following information: name, first name, telephone number, professional email address, corporate name of the Customer, VAT number, VAT number, SIREN number, head office.
The Customer can only associate one Account with an email address and/or a username.
In the event of loss, theft or accidental disclosure of his login details, the Customer must inform YUZU without delay, by email or can follow the “forgotten password” procedure.
The Customer undertakes to provide truthful and accurate information in compliance with current regulations and legislation relating to the protection of personal data, intellectual property rights, and rights relating to the respect of privacy. In addition, the Customer undertakes to keep the information concerning him up to date, through his Account.
As part of access to the Platform, the Customer remains fully responsible for the actions of third parties who connect via his Account.
Login Credentials allow the Customer to identify himself and connect to his Account. These Login Identifiers created by the Customer are personal and confidential. Only the password can be changed, at any time, via the Account, by the Customer.
The Customer is fully responsible for the use of the Login Identifiers concerning him by him and third parties, authorized or not. Unless proven otherwise, any connection made using the Customer's Login Identifiers will be deemed to have been made personally by the latter.
In this respect, the Customer has the possibility to ensure that at the end of each session, he can explicitly disconnect.
Any loss, theft, misappropriation or unauthorized use of Login Credentials and their consequences are the responsibility of the Customer.
Opening a new session with Login Credentials already in use may result in the automatic closure of the first open session.
It is specified that YUZU will be able to assist the Customer in creating his Account, upon request. This assistance may be provided by email to the following address (support-entreprise@yuzu.hr). As such, the Customer authorizes YUZU and its staff in advance to access his computer by remote assistance (e.g. TeamViewer®) to solve any technical problem related to the Account creation procedure.
The allocation of the Account allows the Customer to access the services, functionalities and contents offered on the Platform as described in article 6 “DESCRIPTION OF THE SERVICES” of these T&Cs.
YUZU reserves the right to suspend, interrupt or limit access to all or part of the Platform from time to time, in order to carry out updates or maintenance operations.
● Principle
The Customer can acquire Credits on the Platform, allowing him to acquire Evaluations.
It is specified that the Customer must have 1 Credit to acquire an Assessment.
The Credits are valid for 12 calendar months, starting from the date the Credits were purchased.
● Means of payment
For any purchase of Credit on the Platform, the Customer selects the type of credit card used in the space dedicated to the payment process and enters his bank details in the fields indicated. The Platform accepts Carte Bleue, MasterCard, MasterCard, Electron, Electron, Maestro, V-Pay or Visa cards. The amount is debited when the Credits are received in the Customer's virtual Wallet.
The Customer guarantees YUZU that he is the holder of the bank card and that the name on this debit bank card is his own and then communicates, in a secure environment on the Internet, the number and the expiration date appearing on the front of his bank card as well as the numbers of the visual cryptogram on the back (or front) of his bank card.
Credit card payment is made using the third party online payment platform Stripe®, which has a method of securing and encrypting bank data using the Secure Socket Layer (“SSL”) protocol, thus ensuring the confidentiality and integrity of exchanges. These are the general conditions of use of Stripe® payment services that apply. For more information, the Customer is invited to consult the website: https://stripe.com/fr/legal/ssa.
In the event that, for any reason whatsoever (opposition, refusal by the issuing center...), the debit of the amounts due by the Customer would prove impossible, the sale made on the Platform would be immediately resolved and the purchase process would be immediately canceled.
● Quotation
Any order greater than 50 Evaluations gives rise to the establishment of a Quote by YUZU for the benefit of the Customer.
In order to establish the Quotation, YUZU asks the Customer to send him the following information, documents and documents (without this list being exhaustive): element identifying the Customer and the quantity of Evaluations desired.
Unless otherwise specified on the quotation, it is drawn up free of charge and is valid for a period of thirty (30) days from its issuance by email.
Any request for additional/additional Evaluations not provided for in the Quotation signed by the Customer will be subject to an amendment to the existing Quotation and an adjustment of the price, if applicable, or will be the subject of a new separate quotation to be accepted by the Customer under the conditions stipulated in these General Conditions.
Quotation requests can be made by correspondence with YUZU Customer Service by email exchanges or via the contact form available in the “Contact Us” section of the site www.yuzu.hr.
Prior to signing the Quotation, it is the Customer's responsibility to verify the accuracy of the Quotation and to report any error to YUZU immediately.
The purchase of Evaluations will only be considered final after receipt of the unmodified Quotation, dated and signed by the Customer, sent to YUZU by email and after receipt by the latter of the full amount of the deposit due, if applicable, or the total amount of the Order, if applicable.
For the purchase to be validated, the Quotation signed by the Customer must be received by YUZU before the expiry of the validity period of the Quote.
If the Customer makes one or more changes before accepting the Quotation, YUZU reserves the right to refuse them or to propose a new Quotation that will specify its validity period again.
In all cases, any deposits required by YUZU from its Customers cannot be qualified as deposits.
The purchase made by the Customer under the above conditions implies unrestricted and unreserved acceptance of these general conditions and results in the formation of the Contract.
● Refusal of order
YUZU reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer, in the event of a payment incident, including the occasion of previous orders.
● Invoicing — Deposit
One or more deposits corresponding to a partial amount of the total price of the Evaluations ordered may be requested by YUZU when ordering. The determination of the amount of the deposit and its due date are provided for in the Quotation, if applicable.
When one or more installments are required, YUZU gives the Customer an advance invoice corresponding to the amount of each deposit due, as provided in the Quotation.
The Evaluations purchased by the Customer are visible and usable by the latter as soon as YUZU has received the deposit provided for in the Quotation, within a reasonable period of time, without this being able to exceed 7 days.
A balance invoice (amount provided for in the quotation deducted from the advance payment (s) paid by the Customer) is established by YUZU and delivered under the conditions provided for in the Quotation.
Invoices will be sent electronically to the Customer's email address as communicated to YUZU.
● Payment methods
Bank transfer: The Customer may use bank transfer. Information relating to the bank transfer is sent to the Customer in the order confirmation email or on the invoice. The Customer must pay the full amount of the invoice within the period indicated, send YUZU a proof of transfer in the event of a request from YUZU, and the Evaluations will appear in the Customer Area upon receipt of the amounts by YUZU.
SEPA Direct Debit: SEPA Direct Debit is an automated payment method commonly used to pay recurring invoices denominated in euros. To activate this payment method, the Customer signs an electronic mandate. The signature of the mandate includes entering the IBAN and clicking on “proceed to payment”. Thus, the Customer authorizes YUZU to send instructions to his bank to debit his account, and his bank to debit his account in accordance with YUZU's instructions. The Customer has the right to be reimbursed by his bank according to the conditions described in the agreement he has signed with it. A refund request must be submitted within 8 weeks following the date the account was debited. The rights concerning the SEPA mandate are explained in a document that the Customer can obtain from his bank.
● Non-payment — Penalties
In accordance with legal provisions, any delay in the payment of an invoice by its due date will result, without prior notice, in the payment of a late payment penalty whose rate will be equal to that applied by the European Central Bank for its most recent refinancing operation plus 10 percentage points as well as a fixed compensation of recovery costs of forty (40) euros. If the actual recovery costs exceed the amount of the above fixed sum, YUZU reserves the right to charge the Customer any sum due to recover the unpaid invoice in whole or in part, upon presentation of supporting documents.
In the event of non-compliance with the payment conditions set out above, YUZU also reserves the right to suspend the execution of its obligations under this Contract and/or to reduce or cancel any discounts granted to the latter, and this after notification by registered letter with acknowledgement of receipt sent to the Customer to perform which remained wholly or partially ineffective within eight (8) working days from the first presentation of the letter.
Except with the express, prior and written agreement of YUZU and provided that the mutual claims and debts are certain, liquid and payable, no compensation can be validly made between possible penalties for delay in the provision of the Evaluations ordered by the Customer on the one hand, and the amounts due, by the Customer, by the Customer to YUZU, under the Contract, on the other hand.
In the event that, for any reason whatsoever, the amounts due by the Customer are not received by YUZU on the day they are due, the order would be automatically and immediately resolved, after a formal notice sent to the Customer by registered letter with acknowledgement of receipt remained unsuccessful for a period of fifteen (15) days from its receipt by the Customer. The formal notice refers to this clause in order to produce all its effects.
As soon as his account is created, the Customer is assigned a virtual Wallet on which the Credits he has acquired will be stored and recorded.
● Nature of the Virtual Wallet and nature of the amounts available
YUZU's computer system records the payment of Credits made by the Customer to his virtual Wallet via his Account. These Credits are exclusively intended to be used for Evaluations, accessible via the Platform. The Virtual Wallet is not a bank account and should not be used as such (prohibition of transactions relating to the operation of a deposit account...).
Credits available on the virtual wallet are not deposits. They correspond to purchases made by the Credit Customer on the Platform, and stored within the virtual Wallet of his Account in order to allow him to fully use the Platform Evaluations, within the limit of said available Credits.
● Use cases for Credits available on the Virtual Wallet
Subject to sufficient and valid Credits, the Virtual Wallet allows the Customer to carry out Evaluations under the conditions provided for herein.
Once the payment transaction has been confirmed, or the Quotation has been signed and the deposit paid, if applicable, the Customer will receive the Evaluations concerned within 7 days. They will be visible on his Customer Area.
When Evaluations appear in the Customer Area, they can be used by the Customer for a Participant.
It is agreed that an Assessment can only be used for one Participant.
As such, to involve a Participant in an Evaluation, the Customer is invited to indicate, in the tab provided for this purpose, the Participant's email address.
He will then receive an email allowing him to access the Evaluation directly, under the conditions of the Participant Terms and Conditions below.
The Customer Area indicates to the Customer the Evaluations he has, the Evaluations in progress, and the Evaluations completed.
When an Assessment is completed by a Participant, the Evaluation Report is accessible directly on the Customer Area.
This Report is available on the Customer Area for a period of one (1) year after the full completion of the Assessment. The Report can be downloaded directly from the Customer Area, in PDF format.
It is specified that the Report will remain the sole property of YUZU until full payment of the Evaluations by the Customer.
YUZU will not be held responsible for any omission, inaccuracy or error contained in the Report, resulting in particular from any incomplete or inaccurate information provided by the Participant during the Assessment.
The Customer may decide to permanently close his account, at any time, and without notice on simple request to the following email address: support-entreprise@yuzu.hr
Therefore, the Customer Account will be permanently deleted.
It is specified that, if the Account is closed at the request of the Customer, while he has valid Credits and/or unused Evaluations, the corresponding amounts will not be reimbursed under any circumstances.
The available Credits and Evaluations will therefore be definitively lost.
By deleting the Account, the Customer acknowledges:
- That he will no longer be able to access the data contained in the Account;
- That he will no longer be able to access the functionalities and Services of the Platform;
When the Customer wishes to resume using the Platform and its functionalities, following a permanent closure of his Account, he is obliged to register under the same conditions as for a first registration.
In addition, he will not be able to benefit from Evaluations and Credits purchased with his deleted Account.
When the Account is permanently closed, the Customer's Login Identifiers will be kept for a period of 12 months from this date, in particular with regard to the legal obligations imposed on YUZU according to the methods developed in the Privacy Policy available at the following address https://yuzu.hr/legal/privacy, then permanently deleted at the end of this period.
Beyond this period, YUZU cannot under any circumstances be responsible for the loss of Customer data following the permanent closure of his Account.
The Customer will not be able to reactivate a permanently deleted Account.
In the event of a breach by a Customer registered with these T&Cs, his Account may at any time be suspended as a precaution and then automatically terminated by YUZU.
The Customer whose Account is suspended will be informed by YUZU of this decision by sending a notification by email. The Customer is invited to contact YUZU's customer service by email or telephone in order to obtain more information on the reasons for the suspension of his Account, submit any observations and/or provide proof that the breach has been repaired.
If within 30 days of the notification of the suspension of the Account, the Customer has not contacted YUZU's customer service department or if the elements provided by the Customer to the customer service have not made it possible to repair the breach, YUZU may notify the Customer of the termination of his Account via/by e-mail and inform the Customer of the period during which he will not be able to re-register on the Platform. If not specified, this period is fixed at 12 months from the notification of the termination of the Account.
It is specified that, if YUZU terminates the Account definitively, while the Customer has valid Credits and/or unused Evaluations, the corresponding amounts will not be reimbursed under any circumstances.
The available Credits and Evaluations will therefore be definitively lost.
In particular, the termination of the Account has the following consequences that the Customer acknowledges, namely:
- That he will no longer be able to access the data contained in the Account;
- That he will no longer be able to access the functionalities and services of the Platform;
Upon the termination of the Account, the Customer's Login Identifiers will be retained for a period of 12 months from this date, in particular with regard to the legal obligations imposed on YUZU, according to the methods developed in the Privacy Policy available at the following address. https://yuzu.hr/politique-de-confidentialite then permanently deleted at the end of this period.
Beyond this period, YUZU cannot under any circumstances be responsible for the loss of Customer data following the termination of his Account.
The termination of these T&Cs by the Customer does not prevent YUZU from exercising any action for damages against the Customer.
All brands, photographs, texts, comments, illustrations, illustrations, images, animated or not, animated or not, images, video sequences, sounds, as well as all computer applications that could be used to operate the Platform and more generally all elements reproduced or used on the Platform are protected by the laws and international conventions in force relating to intellectual property law.
Likewise, the Evaluations, as well as the resulting Reports, are fully protected by the laws and international conventions in force relating to intellectual property law.
They are the full and entire property of YUZU or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of YUZU, is strictly prohibited. The fact that YUZU does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of such uses and waiver of legal proceedings.
Unless expressly authorized by these Terms of Use, Customers are prohibited, in particular, from:
− Reproduce, modify, adapt, distribute, distribute, publicly represent, disseminate the Platform and its contents, except as expressly authorized by YUZU;
− Decompile, reverse engineer the Platform, subject to the exceptions provided for by the texts in force;
− Extract or attempt to extract (in particular by using data extraction robots or any other similar data collection tool) a substantial part of the data from the Platform.
In particular, the photos and graphic illustrations on the Platform are published in strict compliance with the copyright attached to them, either whether they were made by YUZU itself or its partners, or whether they belong to the public domain, or whether they come from legal sources, free of charge or paid for, guaranteeing their free use, guaranteeing their free use. Notwithstanding the above, YUZU grants the Customer a non-exclusive, personal, non-transferable right of use of content. and functionalities of the Platform for the exclusive purposes of use of the Platform throughout the duration of their contractual relationships and for the whole world.
The commercial exploitation, by any unauthorized third party, of name (s) and distinctive sign (s) such as the brand name, the domain name of the Platform and the commercial name of YUZU, as well as any action whose object or effect is to harm YUZU by creating any form of confusion in the public mind, is likely to lead to proceedings for unfair competition and/or economic parasitism according to the procedures in force.
YUZU is committed to providing and maintaining the Platform under optimal computer security conditions, under normal conditions of use.
As a result, the latter cannot in any way be responsible for any form of computer attack suffered by the Customer that has no direct link with navigation on the Platform.
Fraudulent access and/or fraudulent maintenance on the Platform, which may interfere in any way whatsoever with its functioning, as well as the introduction and/or modification of data contained in the latter, are strictly prohibited and are likely to lead to prosecution.
The establishment of any hypertext links referring to the Platform, from any site and from any terminal is a principle free if the practice of links is not systematic or abusive, if the previously verified link does not a principle involve any computer risk, and if it does not violate any intellectual property rights.
The Customer undertakes to remove said link upon simple written request from YUZU (by email), which disclaims all liability for any damage resulting from any technical problem, security breach and/or violation of rights arising from the use of said hypertext link.
Despite all the useful precautions of YUZU, the Customer declares that he is aware that any information accessible on the Internet via a link leaving the Platform is not under the control of YUZU, which declines all responsibility for their content (s).
The Platform is accessible 24 hours a day, 7 days a week except in the event of force majeure within the meaning of article 1218 of the Civil Code as interpreted by the French courts or the occurrence of an event beyond the control of YUZU and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Platform and causing interruptions in its access.
In addition, YUZU is committed to providing the infrastructure and technical resources required to provide a quality service to Customers.
Access and use of the Platform require the Customer to have access to the Internet and to have a device with sufficient technical performance.
YUZU cannot be held responsible for any malfunction of the Customer's device or for compatibility problems between the Platform and the device that does not meet the technical requirements.
YUZU is not responsible for breakdowns, interruptions or malfunctioning of the services of the Customer's internet access provider, as well as for any cause external to YUZU that could interrupt or degrade access to the Platform and its functionalities.
The Customer declares to accept the characteristics and limitations of the Internet, and in particular to recognize:
● that its use of the Platform is at its own risk and peril and under its sole responsibility; the Platform is offered and accessible “as is”;
● that it is therefore up to him to take all appropriate measures in order to protect his own data and/or applications from contamination by possible viruses circulating through the Platform;
● that no advice and information, whether oral or written, obtained by the Customer or during the use of the Platform are likely to create guarantees not expressly provided for; the Customer is solely responsible for the use it makes of all content present on the Platform and, as a result, YUZ cannot be held responsible for direct and/or indirect damages arising from the use of this content (unless required by a legal provision) imperative);
● that he has a secure email address;
● that the speed of transmission of information depends on the characteristics inherent in electronic communications networks and on the technical characteristics of its connection mode (Wifi, Edge, 3G, 4G, etc.) and its access to the Internet network.
● that he may have to accept any cookies in his internet browser in order to optimize the use of the Platform. The Customer is informed that the refusal of certain cookies, in particular functional cookies, may degrade the functioning of the Platform or prevent its optimal functioning.
● that he is informed that the Services may at any time be subject to changes of any kind made by YUZU to, in particular, take into account the evolution of the technological, commercial, administrative, regulatory, legal context or for reasons relating to the security of the systems and/or information of these Services or for reasons relating to the security of the systems and/or information of these Services.
● that YUZU cannot guarantee the compatibility of the functionalities with all browsers and related software such as video file players in particular, in their oldest versions. Useful information is available from customer service.
YUZU also draws the Customer's attention to any exceptional risk of receiving unwanted messages or messages allegedly from YUZU.
The Customer must be attentive and vigilant in order not to be a victim of fraud and notify YUZU customer service, if necessary.
Throughout the duration of the use of the Platform, the Customer undertakes to:
● be honest and sincere in his statements and information about him;
● not to use the Platform in order to carry out fraudulent acts;
● not to violate applicable regulations relating to intellectual property and personality rights;
● do not disturb public order;
● not to commit the offence of defamation and, more generally, not to make offensive remarks, in particular of a racial or discriminatory nature;
Respect the laws and regulations in force;
● not to incite racial violence or hatred or to promote terrorism, war crimes or crimes against humanity;
● not affect, in any way whatsoever, the normal conduct of Evaluations as well as the infrastructures of the Platform;
● not to advertise or encourage anyone to use any other service, whether competing or not, and not to commit acts of unfair competition;
● not use the Platform to promote illicit or pornographic websites.
The Customer is also prohibited from making any copy and/or distribution, and/or transfer of technical data that it would intercept on the network linked to the Platform.
The Customer is solely responsible for his actions and any other content that he publishes, if applicable, via the Platform.
If YUZU's liability is sought in connection with the Customer's failure to comply with its obligations, regardless of their nature, the Customer guarantees YUZU against any conviction pronounced against it, originating in the violation of applicable regulations or these T&Cs.
In addition, it is specified that YUZU cannot be held responsible if the Report is erroneous, due to false answers from the Participant.
The Platform is accessible from a fixed terminal under a Windows or Macintosh operating system, which can connect to the Internet using, depending on the system, a browser such as Firefox60 and +, Chrome 71 and +, Safari 10 and +, Safari 10 and +, Safari 10 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Edge 17 and + and equipped with a high-speed connection of at least 5 Mb/sec.
The privacy policy relating to the protection of Customers' personal data is available at the following address: https://yuzu.hr/politique-de-confidentialité.
The management policy for cookies used on the Platform is available at the following address: https://yuzu.hr/politique-de-confidentialité.
Each of the parties grants to the other the right to use its corporate name and/or its commercial name and/or its registered trademark reproducing its sign and/or its commercial name, and this, exclusively as a commercial reference on any physical and/or digital medium (website, social networks) of its choice, for an indefinite period of time.
The party benefiting from this right of use undertakes not to modify or alter the distinctive elements of the other party in any way whatsoever.
On simple written request, either party may request that it no longer appear as a reference. In this case, the other party must proceed with the withdrawal as soon as possible, otherwise it will incur liability.
Messages received by fax or electronically (via the Platform in particular) and more generally electronic documents exchanged between YUZU and the Customer are electronic writings within the meaning of article 1366 of the civil code, and have the same value as that granted to writing on paper. Electronic faxes or electronic documents should be stored in such a way that they can constitute accurate and durable copies within the meaning of article 1379 of the Civil Code.
Any interruption/suspension of the Platform, attributable to a case of force majeure, resulting from the act of a third party, technical hazards, and in general from any unforeseeable, irresistible and independent of the will of the parties within the meaning of article 1218 of the Civil Code, cannot engage the responsibility of YUZU.
In such cases, YUZU's contractual obligations are suspended without penalty for the duration of their existence.
The fact that one or the other of the Parties does not prevail on one or more stipulations of the CGUne may in no way imply the renunciation by this Party to rely on them later.
If any of the provisions of the CGU is declared null or void in accordance with a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten and will not result in the nullity of the other provisions.
Insofar as the Customer is a consumer and resides in a country of the European Union, he benefits from the provisions and rights whose application is mandatory under the laws of this country. Nothing in these Terms affects his rights as a consumer to rely on the provisions and rights whose application is mandatory in his local law.
Otherwise, the T&Cs, as well as any use of the Platform, from any country and by a Customer of any nationality, are subject to and governed exclusively by French law, and must be interpreted in accordance with French law.
Any complaint or dispute must be sent in writing to YUZU:
- By email: contact@yuzu.hr
- By post: YUZU, 5, rue Jacques Villermeaux — 54000 NANCY
In the event of no response within a maximum period of thirty (30) days or in the event of a dispute of its response, the Customer may use a conventional mediation procedure or any alternative dispute resolution method, without prejudice to any mandatory legal procedure.
Any disputes that may arise concerning the validity, interpretation, execution or non-execution of these T&Cs will be submitted to the courts of Nancy (54).
Continuing browsing on the yuzu platform accessible via: game.yuzu.hr (hereinafter the” Platform ”) implies unreserved acceptance of the following provisions and conditions of use.
The version currently online of the Participants terms and conditions of use (hereinafter “” CGU Participants ”) is the only enforceable for the duration of use of the Platform, and until a new version replaces it.
The Platform is published by YUZU, a simplified joint stock company, with a capital of 35,000 euros, whose head office is located at 5, rue Jacques Villermeaux — 54000 NANCY, registered in the NANCY Trade and Companies Register under number 917 762 536 (hereinafter “” YUZU ”)
Intra-community VAT number: FR44917762536
Contact details:
- Email address: contact@yuzu.hr
- Publishing director: Léo Fichet
Hosting: The Platform is hosted by Firebase by Google (head office 188 King ST, San Francisco, CA 94107, United States) Contact: cloud.google.com/contact
The definitions in article 1 “DEFINITIONS” of the YUZU T&Cs are fully applicable to these Participant T&Cs.
YUZU publishes the Platform, intended to offer Evaluations of Job Participants via the “Serious Game” method.
As such, YUZU allows Participants to join the Platform in order to:
(i) Carry out the Assessment for which the Customer has previously registered him;
(ii) Access the Evaluation Reports carried out in real time directly on your Participant Space;
The purpose of these T&Cs is to define the terms and conditions under which YUZU allows access to the Platform to Participants, from any country, as well as to allocate the mutual rights and obligations of the parties within this framework.
By concluding these T&Cs, the Participant declares:
● have full capacity to contract these T&Cs under the legal provisions applicable in their country of residence;
● act as part of its recruitment with the Client, or its professional activity with the Client;
● comply with these T&Cs and all applicable laws, rules or regulations;
● not have carried out an Assessment in the twelve (12) months preceding the conclusion of these T&Cs.
The CGU apply totally and exclusively, subject to the application of mandatory legal provisions, and govern the activity of the Platform throughout its existence.
In the event of a conflict between the title of the clauses and their content, it is accepted that only the content can apply and be evidence of the will of the parties.
These CGU are part of a contractual package composed of:
● These Participant Terms and Conditions;
● The Privacy Policy aimed at informing the Participant of the rights they have over Personal Data processed by YUZU and its partners as part of the Use of the Platform;
● To the Evaluations explanation path, directly accessible on the Platform before carrying out an Evaluation.
In the event of a conflict of interpretation between the above contractual documents, the higher-ranking document will prevail.
It is specified that the Participant is invited to read the T&Cs when creating his Account on the Platform.
The Participant expresses his unreserved acceptance of these T&Cs by ticking the box provided for this purpose at the time of creating his Account.
These T&Cs are indivisible and their acceptance is valid for the whole. Under no circumstances may Participants unilaterally renounce the application of one or more of its clauses, including any annexes.
In the event that one of the provisions of these CGU is declared null or inapplicable by the effect of a law, regulation or decision emanating from a competent jurisdiction, only this stipulation will be rejected while the other stipulations will maintain their validity and force, except to imagine that these CGU are distorted or that this leads to a significant imbalance in the obligations of the Parties.
YUZU reserves the right, at any time and unilaterally, to supplement or modify these Terms and Conditions as it deems necessary.
The Participant will be informed of the update of the T&Cs via the Platform and/or by sending an email to the address provided by the Participant on his Account, one (1) week before they come into force. It is the responsibility of the Participant to ensure the validity of this email address when registering.
It is the Participant's responsibility to carefully read the Terms and Conditions when they are updated and to take full note of the changes caused by them.
The fact that the Participant continues to use the functionalities and contents of the Platform after the entry into force of the new CGU implies unreserved acceptance on his part of the changes made to the CGU.
In the event of disagreement with the changes to the CGU, the Participant has the option to end his use of the Platform and to permanently close his Account, if necessary, in accordance with article 8.1.
YUZU does not assume any difficulties in accessing the Platform, due to foreign legislation, connection difficulties or any restrictions beyond its control.
The consultation and use of the Platform is free; any additional costs borne by the Participant cannot in any way be blamed or borne by YUZU.
YUZU ensures the availability of the Platform 24 hours a day, 7 days a week, and optimal navigation at the technical level, but remains subject to a simple obligation of means in this respect.
The Platform is accessible on terminals with access to the Internet network and an internet browser.
In order to be able to carry out the Assessment, the Participant must have an Account.
For the purpose of creating an Account, YUZU sends the Participant an email, informing him that the Customer has enrolled him in an Assessment as part of his recruitment/or internal needs. This email then contains a clickable link returning it directly to the page allowing the creation of an Account.
The Participant must then fill in each field of the registration form by providing the following information: Name and surname of the Participant and telephone number.
The Participant may only associate one Account with an email address and/or a username.
In the event of loss, theft or accidental disclosure of his login details, the Participant must inform YUZU without delay, by email or can follow the “forgotten password” procedure.
The Participant undertakes to provide truthful and accurate information in compliance with current regulations and legislation relating to the protection of personal data, intellectual property rights, and rights relating to the respect of privacy. In addition, the Participant undertakes to keep the information concerning him up to date, through his Account.
As part of access to the Platform, the Participant remains fully responsible for the actions of third parties who connect via his Account.
Login Credentials allow the Participant to identify himself and connect to his Account. These Login Identifiers created by the Participant are personal and confidential. The password can be changed at any time, via the Account, by the Participant.
The Participant is fully responsible for the use of the Login Credentials concerning him by him and third parties, authorized or not. Unless proven otherwise, any connection made using the Participant's Login Credentials will be deemed to have been made personally by the Participant.
In this respect, the Participant has the possibility to ensure that at the end of each session, he can explicitly disconnect.
Any loss, theft, misappropriation or unauthorized use of Login Credentials and their consequences are the responsibility of the Participant.
Opening a new session with Login Credentials already in use may result in the automatic closure of the first open session.
It is specified that YUZU will be able to assist the Participant in creating his Account. This assistance can be provided by email to the following address (support-entreprise@yuzu.hr). As such, the Customer authorizes YUZU and its staff in advance to access his computer by means of remote assistance (e.g. TeamViewer®) to solve any technical problem related to the Account creation procedure.
The allocation of the Account allows the Participant to carry out the Evaluations to which the Customer has previously registered him, on the Platform as described in article 7 “EVALUATIONS” of these T&Cs.
To carry out an Assessment, the Customer enters the Participant's email address in his Customer Area.
Following this, an email from YUZU is sent to the Participant, including the methods of carrying out the Assessment (duration, recommendations, access path), as well as a link redirecting directly to the login page (or account creation, if applicable) on the Platform.
The Participant must then identify himself (or create his account). Once the identification is successful, the Participant will be redirected directly to the Evaluation implementation page.
YUZU first provides the Participant with a series of hardware tests (Connection, computer performance, browser, window size and availability of the Cloud Gaming system). These tests make it possible to ensure that the Participant is in the necessary conditions to carry out his Assessment.
If the first tests are positive, the Participant is invited to continue his Assessment. Otherwise, he is invited to try again later in better conditions.
Then, the Participant Evaluation instance is launched, which the Participant can join via a button. He then arrives on the “game” page and can start his experience. He will then play the video game YUZU from his browser for about an hour and a half during which various modules will follow one another. Some modules will assess competencies, others will not. No details will be provided to the Participant concerning the purpose of these modules.
When the Assessment is fully completed, the Participant will be informed of the availability of the Report within a reasonable period of time.
At the end of the Evaluation, a Report is published and made available to the Participant, directly on his Participant Space.
This Report is available on the Participant Area for a period of one (1) year after the full completion of the Assessment. The Report can be downloaded directly from the Participant Area, in PDF format.
The Participant may decide to permanently close his Account at any time and without notice upon simple request to the following email address: support-candidat@yuzu.hr.
Therefore, the Participant Account will be permanently deleted.
By deleting the Account, the Participant acknowledges:
- That he will no longer be able to access the data contained in the Account,
- That he will no longer be able to access the functionalities and contents of the Platform,
- That he will no longer be able to access the Reports of the Evaluations carried out.
When the Participant wishes to resume using the Platform and its functionalities, following a permanent closure of his Account, he is obliged to register under the same conditions as for a first registration.
Upon the final closure of the Account, the Participant's Login Identifiers will be retained for a period of 12 months from this date, in particular with regard to the legal obligations imposed on YUZU, according to the methods developed in the Privacy Policy available at the following address. https://yuzu.hr/politique-de-confidentialité, then permanently deleted at the end of this period.
Beyond this period, YUZU cannot under any circumstances be responsible for the loss of the Participant's data following the permanent closure of his Account.
The Participant will not be able to reactivate a permanently deleted Account.
In the event of a breach by a Participant registered with these Participant Terms and Conditions, his Account may at any time be suspended as a precaution and then automatically terminated by YUZU.
The Participant whose Account is suspended will be informed by YUZU of this decision by sending a notification by email. The Participant is invited to contact YUZU's customer service by email or telephone in order to obtain more information on the reasons for the suspension of his Account, to submit any observations and/or to provide proof that the breach has been repaired.
If within 30 days of the notification of the suspension of the Account, the Participant has not contacted YUZU customer service or if the elements provided by the Customer service Participant have not been able to repair the breach, YUZU may notify the Participant of the termination of his Account via/by email and inform the Participant of the period during which he will not be able to re-register on the Platform. If not specified, this period is fixed at 12 months from the notification of the termination of the Account.
In particular, the termination of the Account has the following consequences that the Participant acknowledges, namely:
- That he will no longer be able to access the data contained in the Account,
- That he will no longer be able to access the functionalities and contents of the Platform,
- That he will no longer be able to access Reports of Evaluations carried out.
Upon the termination of the Account, the Participant's Login Identifiers will be retained for a period of 12 months from this date, in particular with regard to the legal obligations imposed on YUZU, according to the methods developed in the Privacy Policy available at the following address. https://yuzu.hr/politique-de-confidentialité, then permanently deleted at the end of this period.
Beyond this period, YUZU cannot under any circumstances be responsible for the loss of Participant data following the termination of their Account.
The termination of these Participant Terms and Conditions by the Participant does not prevent YUZU from exercising any action for damages against the Participant.
All brands, photographs, texts, comments, illustrations, illustrations, images, animated or not, animated or not, images, video sequences, sounds, as well as all computer applications that could be used to operate the Platform and more generally all elements reproduced or used on the Platform are protected by the laws and international conventions in force relating to intellectual property law.
Likewise, the Evaluations, as well as the resulting Reports, are fully protected by the laws and international conventions in force relating to intellectual property law.
They are the full and entire property of YUZU or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of YUZU, is strictly prohibited. The fact that YUZU does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of such uses and waiver of legal proceedings.
Unless expressly authorized by these Participant Terms and Conditions, Participants agree, in particular, not to:
− Reproduce, modify, adapt, distribute, distribute, publicly represent, disseminate the Platform and its contents, except as expressly authorized by YUZU;
− Decompile, reverse engineer the Platform, subject to the exceptions provided for by the texts in force;
− Extract or attempt to extract (in particular by using data extraction robots or any other similar data collection tool) a substantial part of the data from the Platform.
In particular, the photos and graphic illustrations of the Platform are published in strict compliance with the copyright attached to them, either whether they were made by YUZU itself or its partners, or whether they belong to the public domain, or whether they come from legal, free or paid sources, or whether they come from legal, free or paid sources, guaranteeing their free use.
Notwithstanding the above, YUZU grants the Participant a non-exclusive, personal, non-transferable right to use the contents and functionalities of the Platform for the exclusive purpose of using the Platform and this, throughout the duration of their contractual relationships and for the whole world.
The commercial exploitation, by any unauthorized third party, of name (s) and distinctive sign (s) such as the brand name, the domain name of the Platform and the commercial name of YUZU, as well as any action whose object or effect is to harm YUZU by creating any form of confusion in the public mind, is likely to lead to proceedings for unfair competition and/or economic parasitism according to the procedures in force.
YUZU is committed to providing and maintaining the Platform under optimal computer security conditions, under normal conditions of use.
As a result, the latter cannot in any way be responsible for any form of computer attack suffered by the Participant that has no direct link with navigation on the Platform.
Fraudulent access and/or fraudulent maintenance on the Platform, which may interfere in any way whatsoever with its functioning, as well as the introduction and/or modification of data contained in the latter, are strictly prohibited and are likely to lead to prosecution.
The establishment of any hypertext links referring to the Platform, from any site and from any terminal is a principle free if the practice of links is not systematic or abusive, if the previously verified link does not a principle involve any computer risk, and if it does not violate any intellectual property rights.
The Participant undertakes to remove the said link upon simple written request from YUZU (by email), which disclaims any liability for any damage resulting from any technical problem, security breach and/or violation of rights arising from the use of said hypertext link.
Despite all the useful precautions of YUZU, the Participant declares that he is aware that any information accessible on the Internet via a link leaving the Platform is not under the control of YUZU, which declines all responsibility for their content (s).
The Platform is accessible 24 hours a day, 7 days a week except in the event of force majeure within the meaning of article 1218 of the Civil Code as interpreted by the French courts or the occurrence of an event beyond the control of YUZU and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Platform and causing interruptions in its access.
In addition, YUZU is committed to providing the infrastructure and technical resources required to provide a quality service to Participants.
Access and use of the Platform require the Participant to have access to the Internet and to have a device with sufficient technical performance.
YUZU cannot be held responsible for any malfunction of the Participant's device or for compatibility problems between the Platform and the device that does not meet the technical requirements.
YUZU is not responsible for breakdowns, interruptions or malfunctioning of the services of the Participant's internet access provider, as well as for any cause external to YUZU that could interrupt or degrade access to the Platform.
The Participant declares to accept the characteristics and limitations of the Internet, and in particular to acknowledge:
● that its use of the Platform is at its own risk and peril and under its sole responsibility; the Platform is offered and accessible “as is”;
● that it is therefore up to him to take all appropriate measures in order to protect his own data and/or applications from contamination by possible viruses circulating through the Platform;
● that no advice and information, whether oral or written, obtained by the Participant or during the use of the Platform are likely to create guarantees not expressly provided for; the Participant is solely responsible for the use that he/she makes of any content present on the Platform and, therefore, YUZU cannot be held responsible for direct and/or indirect damages arising from the use of this content (unless required to do so by an imperative legal provision);
● that he has a secure email address;
● that the speed of transmission of information depends on the characteristics inherent in electronic communications networks and on the technical characteristics of its connection mode (Wifi, Edge, 3G, 4G, etc.) and its access to the Internet network.
● that he may have to accept any cookies in his internet browser in order to optimize the use of the Platform. The Participant is informed that the refusal of certain cookies, in particular functional cookies, may degrade the functioning of the Platform or prevent its optimal functioning.
● that he is informed that the functionalities and contents of the Platform may at any time be subject to changes of any kind made by YUZU to, in particular, take into account the evolution of the technological, commercial, administrative, regulatory, legal context or for reasons relating to the security of the systems and/or information of said Services.
● that YUZU cannot guarantee the compatibility of the functionalities and contents of the Platform with all browsers and related software such as video file players in particular, in their oldest versions. Useful information is available from customer service.
YUZU also draws the Participant's attention to any exceptional risk of receiving unwanted messages or messages purporting to be from YUZU.
The Participant must be attentive and vigilant in order not to be a victim of fraud and notify YUZU customer service, if necessary.
Throughout the duration of the use of the Platform and the carrying out of the Evaluations, the Participant undertakes to:
● be honest and sincere in his statements and information about him;
● be honest and sincere during the full conduct of Evaluations;
● not to use the Platform in order to carry out fraudulent acts;
● not to violate applicable regulations relating to intellectual property and personality rights;
● do not disturb public order;
● not to commit the offence of defamation and, more generally, not to make offensive remarks, in particular of a racial or discriminatory nature;
● respect the laws and regulations in force;
● not to incite racial violence or hatred or to promote terrorism, war crimes or crimes against humanity;
● not affect, in any way whatsoever, the normal conduct of Evaluations as well as the infrastructures of the Platform;
● not to advertise or encourage anyone to use any other service, whether competing or not, and not to commit acts of unfair competition;
● not use the Platform to promote illicit or pornographic websites.
The Participant is also prohibited from making any copy and/or distribution, and/or transfer of technical data that it would intercept on the network linked to the Platform.
The Participant is solely responsible for his actions and any other content that he publishes, if applicable, via the Platform.
If YUZU's liability is sought in connection with the failure by the Participant to comply with its obligations, regardless of their nature, the Participant guarantees YUZU against any conviction pronounced against him, originating in the violation of the applicable regulations or these Participant Terms and Conditions by the Participant.
The Platform is accessible from a fixed terminal under a Windows or Macintosh operating system, which can connect to the Internet using, depending on the system, a browser such as Firefox60 and +, Chrome 71 and +, Safari 10 and +, Safari 10 and +, Safari 10 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Android webview 71 and +, Edge 17 and + and equipped with a high-speed connection of at least 5 Mb/sec.
The privacy policy relating to the protection of Participants' personal data is available at the following address: https://yuzu.hr/politique-de-confidentialité.
In addition, in accordance with article L.223-1 of the Consumer Code, the Participant (as a consumer) has the possibility of registering free of charge on a list of opposition to telephone canvassing via the site www.bloctel.gouv.fr or by post by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret in TROYES (10000).
The management policy for cookies used on the Platform is available at the following address: https://yuzu.hr/politique-de-confidentialité.
Messages received by fax or electronically (via the Platform in particular) and more generally electronic documents exchanged between YUZU and the Participant are electronic writings within the meaning of article 1366 of the civil code, and have the same value as that granted to writing on paper. Electronic faxes or electronic documents should be stored in such a way that they can constitute accurate and durable copies within the meaning of article 1379 of the Civil Code.
Any interruption of the Platform and/or any suspension of the functionalities of the Platform, attributable to a case of force majeure, resulting from a third party, technical hazards, and in general from any unforeseeable, irresistible and independent circumstances beyond the will of the parties within the meaning of article 1218 of the Civil Code, cannot engage the responsibility of YUZU.
In such cases, YUZU's contractual obligations are suspended without penalty for the duration of their existence.
The fact that one or the other of the Parties does not prevail on one or more stipulations of the CGU may in no way imply the renunciation by this Party to rely on them later.
If any of the provisions of the CGU is declared null or void in accordance with a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten and will not result in the nullity of the other provisions.
Insofar as the Participant is a consumer and resides in a country of the European Union, he benefits from the provisions and rights whose application is mandatory under the laws of that country. Nothing in these Participant Terms affects his rights as a consumer to rely on the provisions and rights whose application is mandatory in his local law.
Otherwise, the Participant Terms and Conditions, as well as any use of the Platform, from any country and by a Participant of any nationality, are subject to and governed exclusively by French law, and must be interpreted in accordance with French law.
Any complaint or dispute must be sent in writing to YUZU:
- By email: contact@yuzu.hr
- By post: YUZU, 5, rue Jacques Villermeaux — 54000 NANCY
In the event of no response within a maximum period of thirty (30) days or in the event of a contestation of its response, the Participant may use a conventional mediation procedure or any alternative dispute resolution method, without prejudice to any mandatory legal procedure.
Any disputes that may arise concerning the validity, interpretation, execution or non-execution of these Terms and Conditions will be submitted to the French courts under the conditions of common law.