GENERAL
These rules, terms and conditions apply to your participation in the Bluball loyalty program as well as to all services offered on the website www.bluball.com (the “Website”), operated by BLUBALL.
These conditions govern the use of Bluball credits, points or promotional benefits as well as access to the functionalities offered by the platform.
DEFINITIONS
In these conditions:
“Agreement” means these rules, terms and conditions.
“Bluball Program” means the entire loyalty program, including promotional activities with random selection accessible via the website www.bluball.com.
“Account” means the unique user account created to access the Bluball Program.
“Chargeback” means the cancellation of a transaction carried out via a payment method, initiated by the user or by a financial institution, resulting in the refund of funds.
“Closed Account” means an account that is suspended, terminated or deactivated, either at the request of the user or by Bluball in accordance with these conditions.
“Inactive Account” means an account that has recorded no activity (login or use) for a period of six (6) consecutive months.
“Participate” means any use of the Website, including, in particular, access to the account, the use of functionalities, participation in promotional activities and interaction with the platform.
“Payment Service Provider” means any third-party provider authorized to process transactions related to the purchase of products or services on the platform.
“User” means any person who has created an account or interacts with the Bluball Program, whether active, inactive or whose account is closed.
“Service” means all functionalities offered by Bluball, including access to the platform, loyalty programs and promotional activities via the Internet or any compatible device.
“Software” means any system, application or technology used to access the Bluball Program.
“Bluball” / “We” / “Our” means BLUBALL, operator of the Website and the program.
“Your jurisdiction” means the place where you reside or use the Service, and whose laws are applicable to you.
LOCATION OF SERVICES
The services are provided by BLUBALL and may be operated from various jurisdictions. Bluball reserves the right to host its systems and data in locations of its choosing.
By using the program, you acknowledge that your contractual relationship is entered into with BLUBALL and that the services are provided in accordance with the applicable laws determined by it.
1. YOUR PARTICIPATION IN THE BLUBALL PROGRAM
1.1 PARTICIPATION AND NATURE OF THE BLUBALL PROGRAM
1.1.1
Participation in the Bluball loyalty program is entirely voluntary and is at the sole discretion of the user. By participating, the user acknowledges doing so voluntarily, within a promotional and loyalty-based framework. The user remains solely responsible for their participation in the program, including the use of credits, points or entries allocated to them. It is up to the user to decide whether to participate in the activities offered, and, where applicable, the user acknowledges accepting these terms and the applicable conditions. Participation in the Bluball program does not create any obligation of result and does not in any way constitute a guarantee of gain, benefit or financial advantage. The user acknowledges that the program is part of a loyalty and promotional framework and not intended as a return or investment opportunity.
1.1.2
The Bluball program constitutes a promotional loyalty program aimed at rewarding user engagement through the allocation of points, credits or entries to promotional activities, including activities that may involve random selection mechanisms. Promotional activities do not constitute a game of chance involving a wager of money. The credits, points or entries granted under the program are offered strictly on a promotional basis, without any monetary consideration, direct or indirect, and have no monetary (FIAT) value. They may not under any circumstances be exchanged for money, transferred, resold, or used for financial or speculative purposes. Participation in activities offered under the Bluball program is strictly intended for personal, promotional and loyalty purposes. The program does not constitute a game of chance involving a monetary stake, nor a source of income, nor a financial or investment product. A free method of entry (“AMOE”) is available, where applicable, through the official platform on the following link https://www.bluball.com/en/participation-gratuite allowing users to participate in promotional activities without purchase and with equal chances of winning. The purchase of credits is not required to participate in promotional activities; a free method of entry is available with equal chances of winning. Users agree to use the program responsibly and in accordance with these terms. Any use for commercial, professional, abusive or fraudulent purposes is strictly prohibited. Users acknowledge that their participation in the Bluball program is part of a recreational and loyalty approach and must not under any circumstances be considered as a source of income or an investment activity. They agree not to compromise their financial situation in connection with their participation.
1.1.2.1
The user is solely responsible for ensuring that their participation in the Bluball loyalty program and their use of the Website comply with the laws, regulations and requirements applicable in their jurisdiction. Before participating in promotional activities, the user must verify that such activities are permitted in their territory. By accessing the site and using the program, the user represents and warrants that they are acting in compliance with all applicable laws. Bluball makes no representation or warranty regarding the compliance or legality of the program in all jurisdictions. To the maximum extent permitted by applicable law, Bluball disclaims all liability arising from the use of the site or program by a user in violation of applicable laws or regulations.
1.1.2.2
Access to the Bluball loyalty program, including account creation and the use of certain features, may be limited or prohibited in certain jurisdictions due to legal, regulatory or compliance requirements. Accordingly, Bluball reserves the right to restrict or refuse access to the program, including for residents of certain countries or territories subject to restrictions, economic sanctions or presenting increased compliance risks. By way of example, several jurisdictions may be subject to sanctions or financial restrictions imposed by authorities which may prohibit or limit certain transactions or services. It is specified that the Bluball program cannot open user accounts or process program-related transactions for individuals residing in the following countries: Afghanistan, Albania, Bahrain, Barbados, Botswana, Burkina Faso, Cambodia, Cayman Islands, Cuba, Egypt, Haiti, Israel, Jamaica, Jordan, Kuwait, Mauritius, Morocco, Oman, Pakistan, Panama, Qatar, Saudi Arabia, Senegal, Turkey, Uganda, United Arab Emirates, Belarus, Central African Republic, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine and Crimea region*, Venezuela, Yemen, Zimbabwe. The list of restricted jurisdictions may be modified at any time, without notice, at the sole discretion of Bluball, to ensure compliance with applicable laws, regulatory requirements and internal compliance and security policies. Users are responsible for ensuring that they do not reside in a restricted jurisdiction and that they comply with applicable limitations. Any attempt to circumvent these restrictions constitutes a violation of these terms.
1.1.3
You may only participate in the Bluball loyalty program if it is legal for you to do so in Your Jurisdiction.
1.1.4
Registration in the Bluball loyalty program and account creation are reserved for individuals aged at least eighteen (18) years or who have reached the age of majority in their jurisdiction of residence, whichever is higher. By registering, the user represents and warrants that they meet this age requirement and are legally authorized to participate in the program. Bluball reserves the right, at any time, to verify the user’s age and to require valid supporting documentation. Failure to provide satisfactory proof or failure to meet eligibility requirements may result, at Bluball’s sole discretion, in suspension or termination of the user’s account, without notice, until the required documents are provided or on a permanent basis.
1.1.5
Bluball does not guarantee that access to the loyalty program or participation in promotional activities complies with the laws of all jurisdictions. It is the responsibility of each user to ensure that their participation is permitted under the laws and regulations applicable in their place of residence. The rules governing promotional and loyalty programs may vary from one jurisdiction to another. The user is solely responsible for verifying compliance and adhering to all applicable laws. In case of doubt regarding the legality of using the Bluball program in each jurisdiction, it is recommended to consult local laws or obtain appropriate legal advice. By accessing and participating in the program, the user acknowledges this absence of guarantee and assumes full responsibility for compliance with applicable laws.
1.1.6
As part of the Bluball loyalty program, the operator reserves the right to request, at any time, proof of identity and/or age to verify the user’s eligibility, including for legal compliance, security and fraud prevention purposes. The user agrees to provide accurate, complete and up-to-date information upon registration and throughout their use of the program. It is the user’s responsibility to maintain this information up to date in the event of any change. Bluball reserves the right to suspend, restrict or terminate an account, without notice, if the information provided is inaccurate, incomplete or misleading, or if the user fails to provide the required documents within a reasonable time.
1.1.7
By participating in the Bluball loyalty program, the user expressly authorizes Bluball, as well as its authorized representatives, to verify at any time their identity and their eligibility to use the credits, points or benefits granted under the program. Such verification may be carried out whenever deemed necessary, including for compliance, security or fraud prevention purposes.
1.1.8
Each user is authorized to hold only one account within the Bluball loyalty program. The creation, use or attempted use of multiple accounts by the same individual is strictly prohibited. This rule is intended to preserve the integrity of the program and to prevent any abusive, fraudulent or non-compliant use. Bluball reserves the right to suspend or terminate any account in case of non-compliance with this requirement.
1.1.9
Bluball reserves the right, at any time, to verify the information associated with a user’s account and to temporarily suspend access to the account pending satisfactory verification. These measures are intended to ensure the security and integrity of the loyalty program, as well as compliance with legal requirements and internal compliance policies. The user is responsible for keeping their personal information up to date, including, but not limited to, their address, telephone number and any other contact information. The user agrees to promptly notify Bluball of any changes to ensure the accuracy of the data associated with their account.
1.1.10
As part of their participation in the Bluball loyalty program, the user agrees to receive communications from Bluball and its partners or authorized agents, including, but not limited to, emails, promotional messages, special offers, announcements of new products and information relating to the program. These communications are intended to inform the user of the benefits, promotions and opportunities related to the Bluball loyalty program. The user may, at any time, withdraw their consent or modify their communication preferences, including by using the unsubscribe mechanisms provided in such communications or by accessing their account settings, in accordance with applicable laws governing personal information protection and electronic communications.
1.1.11
Within the Bluball loyalty program, the user may only use the credits, points or benefits that are available in their account. The use of unavailable, negative or not yet allocated credits is strictly prohibited. Any attempt to misuse or circumvent the program rules may result in the suspension or termination of the account, at Bluball’s sole discretion.
1.1.12
Within the Bluball loyalty program, the user must provide a valid email address as a username, as well as a personal password when creating their account. The user is responsible for maintaining the confidentiality of their login credentials and agrees to choose a strong password, not to share it, and to take all reasonable measures to ensure its security. Any activity carried out through the user’s account, where the login credentials have been correctly entered, shall be deemed to have been carried out by the user. Bluball may, at its discretion, require or offer additional security measures, including two-factor authentication (2FA), to enhance the protection of user accounts. The user agrees to comply with any implemented security requirements. Bluball shall not be held liable for any loss of credits, points or benefits resulting from unauthorized access to the account where such access results from the user’s failure to protect their credentials or comply with applicable security measures. The user must notify Bluball without delay of any unauthorized use of their account or any breach of security. Bluball reserves the right to temporarily suspend or restrict access to the account in the event of risk, suspected fraud or non-compliance with security measures.
1.1.13
By registering for the Bluball loyalty program, the user acknowledges having read, understood and accepted, without reservation, these terms and conditions available on the website www.bluball.com. The user agrees to always comply with them when using the program. Bluball reserves the right to modify these terms at any time. It is the user’s responsibility to regularly review the applicable terms to remain informed of any updates. The user is advised to retain a copy of these terms, as well as any relevant records related to their account, including, but not limited to, transactions, activities and applicable policies. This information may be useful for future reference, for tracking activities or for resolving any potential disputes.
1.1.14
When using a payment method, including, but not limited to, a debit card, within the Bluball loyalty program, the name of the payment method holder must match the name associated with the user’s account. In the event of a discrepancy between this information, Bluball reserves the right to temporarily suspend the account for verification and security purposes. In such a situation, the user must contact customer support at the following address: support@bluball.com, to complete the verification process. This process is intended to confirm the user’s identity and to prevent fraudulent use of payment methods.
1.1.15
Bluball undertakes to allocate credits, points or benefits within a reasonable time, in accordance with its applicable policies and procedures. Where credits or benefits have been allocated and are pending confirmation, validation or claim by the user, the user must comply with the requirements and deadlines established by Bluball. In the absence of a response or compliance with these requirements within the prescribed timeframes, Bluball reserves the right to cancel the allocation and remove the corresponding credits or benefits from the user’s account. In the event of cancellation of an allocation or a transaction for any reason whatsoever, the corresponding credits or points may be adjusted, removed or reallocated in accordance with the program rules. Bluball disclaims any liability for any loss of credits, points or benefits resulting from the user’s failure to comply with the applicable conditions, deadlines or procedures of the program.
1.1.16
Bluball provides users with management features designed to regulate their participation in the loyalty program and to promote responsible use.
(a) Usage Limits
The user may set personal limits regarding the use of credits, points or program features over a specified period. Once these limits are reached, certain account features may be restricted until the beginning of the next period.
(b) Self-Exclusion
The user may, at any time, choose to voluntarily suspend their access to the program for a specified period. During this self-exclusion period, access to the account and program features will be limited or disabled, in accordance with applicable terms. These tools are intended to provide users with better control over their participation and to encourage responsible use of the Bluball program.
1.1.17
Upon registration to the Bluball loyalty program, the user may receive an email at the provided address to activate their account. This email generally contains a link or instructions to complete the activation process. Account activation is a required step to access all program features. Until the account is activated or the information provided has been satisfactorily verified, Bluball reserves the right to limit or suspend access to certain account features.
1.1.18
The credits, points or benefits accumulated under the Bluball loyalty program are provided strictly on a promotional basis and do not constitute, under any circumstances, a form of currency, monetary value, property or financial right. These credits do not bear interest, cannot be converted into money (FIAT), nor be exchanged, transferred, sold or assigned, except as expressly provided in the program terms, digital assets that may be offered as part of the program are provided strictly for promotional purposes. They do not constitute monetary consideration for credits and do not result from an exchange of value. No right of conversion, redemption, or financial equivalence is granted to the user. Bluball credits constitute a personal, limited, revocable and non-transferable license granted to the user solely for the purpose of participating in the loyalty program in accordance with these terms. Bluball reserves the right, at its sole discretion and subject to applicable laws, to modify, suspend, withdraw or cancel such credits at any time, including in the event of non-compliance with the program terms. No direct or indirect link shall be interpreted between the use of credits and the value of any digital asset that may be received.
1.2 YOUR WARRANTIES
1.2.1
You represent and warrant that the information provided in connection with your registration and participation in the Bluball loyalty program is accurate, complete and up to date.
You acknowledge that Bluball enters into these terms on the basis of these representations and warranties, which remain valid throughout your use of the program.
1.2.1.1
The user represents and warrants that they have the legal capacity required to participate in the Bluball loyalty program, in accordance with the laws and regulations applicable in their jurisdiction of residence.
1.2.1.2
You represent that you are an individual who has reached the legal age of majority in your jurisdiction of residence and are authorized to participate in the Bluball loyalty program.
1.2.1.3
The Bluball account is strictly personal to the user. The user agrees not to allow any third party, including a minor, to directly or indirectly access their account, use the platform or benefit from the credits, points or advantages associated with it. Any use of the account by a third party constitutes a violation of these terms and may result in the suspension or termination of the account, at the sole discretion of Bluball.
1.2.1.4
The user represents and warrants that, at the time of account creation, they have provided valid, accurate, complete and up-to-date personal information, and agrees to keep such information up to always date.
1.2.1.5
The user acknowledges that the credits, points or benefits granted under the Bluball loyalty program are personal and intended exclusively for them. The user agrees not to use, attempt to use or claim credits belonging to a third party without authorization, nor to engage in any activity aimed at diverting or improperly obtaining credits. Any use of credits must comply with these terms as well as the applicable program rules. Any abusive, fraudulent or unauthorized use may result in the suspension or termination of the account, at the sole discretion of Bluball.
1.2.1.6
The user agrees not to use the Bluball loyalty program, nor any associated payment methods, for purposes related to illegal or fraudulent activities. The user represents that any transaction carried out within the program, as well as any use of credits, points or benefits, complies with applicable laws and does not originate from any unlawful activity. Any non-compliant use may result in the suspension or termination of the account, as well as any other measure deemed appropriate by Bluball, in accordance with applicable laws.
1.2.1.7
The user agrees to pay any amount due in connection with the use of the Bluball loyalty program, including in relation to the purchase of products, services or benefits offered through the platform. Any transaction carried out must comply with the applicable payment terms and the conditions established by Bluball. In the event of non-payment, refused payment or disputed payment, Bluball reserves the right to suspend or restrict access to the account, cancel certain benefits or credits, and take any appropriate measures in accordance with applicable laws.
1.2.1.8
The user acknowledges having read, understood and accepted all rules, terms and conditions applicable to the Bluball loyalty program. By using the program, the user confirms that they are bound by these conditions, including, without limitation, policies relating to credits, payments, privacy, security, and any other applicable procedures. The user agrees to always comply with these conditions in connection with their use of the program.
1.2.1.9
Participation in the Bluball loyalty program is strictly personal and intended for individual, promotional and loyalty purposes. The user agrees not to use the program for commercial, professional or collective purposes, nor to participate in collaboration with others as part of a group, club or organization. Any use that does not comply with this requirement may result in the suspension or termination of the account, at the sole discretion of Bluball.
1.2.2
In the event of a breach of these terms, including any false declaration, abusive or non-compliant use of the program, Bluball reserves the right, at its sole discretion and without notice, to: cancel any transaction, allocation or associated benefit; withdraw, suspend or adjust any credit, point or benefit, including retroactively; suspend or terminate the user’s account. Bluball also reserves the right to carry out any compensation or recovery of credits, points or benefits improperly obtained, including by deducting them from the account balance or from any future allocation. No compensation, indemnity or reimbursement shall be granted in respect of any credits, points or benefits cancelled because of non-compliance with these terms.
1.3 REFUSAL OF REGISTRATION, DEREGISTRATION, EXCLUSION & SUSPENSION
1.3.1
Bluball reserves the right, at its sole discretion and at any time, to refuse a user’s registration, to suspend, restrict or terminate an account, including in the event of non-compliance with these terms or for reasons related to security, compliance or fraud prevention. Where applicable, Bluball may provide notice to the user indicating the reasons for such decision, subject to the limits permitted by applicable laws.
1.4 CONSEQUENCES OF CANCELLATION, EXCLUSION OR SUSPENSION
1.4.1
If your account is deregistered, excluded or suspended from the Bluball loyalty program and you believe this decision to be unjustified, you may submit a complaint to the Bluball compliance department by writing to: support@bluball.com.
1.4.2
If no complaint is submitted within thirty (30) days following the deregistration, exclusion or suspension, Bluball reserves the right to:
1.4.2.1
retain any disputed credit, point or benefit, including any adjustment or allocation in progress; and/or
1.4.2.2
maintain the exclusion from the program; and/or
1.4.2.3
determine the conditions applicable to any potential re-registration to the program; and/or
1.4.2.4
take any appropriate measure in the event of fraudulent, illegal use or non-compliance with the program terms; and/or
1.4.2.4.1
cancel any credit, point or benefit obtained as a result of fraudulent, abusive or non-compliant behavior.
1.4.3
If a complaint is submitted within the thirty (30) day period, it will be reviewed within a reasonable timeframe. Any allocation or reallocation of disputed credits or benefits will only be carried out if the complaint is deemed justified.
1.5 INACTIVE ACCOUNTS AND INACTIVE BALANCES
1.5.1
The following provisions apply to accounts considered inactive.
1.5.2
As these credits are promotional in nature and do not constitute fees related to any monetary value, any balance of credits or points associated with an inactive account may, at Bluball’s sole discretion, be handled as follows:
1.5.2.1
administrative fees equivalent to 10 credits may be applied monthly, until the earliest of the following events:
1.5.2.1.1
the balance reaches zero; and/or
1.5.2.1.2
the account becomes active again.
1.5.3
Bluball also reserves the right, at its sole discretion, to remove any unused credit or point after a period of six (6) months of inactivity.
1.6 COMPLIANCE AND ILLEGAL ACTIVITIES
1.6.1
Bluball may be subject to certain legal obligations regarding the prevention of fraudulent or illegal activities. As such, Bluball may be required to report any suspicious activity to the competent authorities.
1.6.2
In the event of reasonable suspicion of non-compliant activity, Bluball may:
1.6.2.1
immediately suspend or terminate the account; and/or
1.6.2.2
refuse or cancel any credit, point or benefit associated with the account.
1.6.3
Bluball reserves the right to report any activity to the competent authorities, in accordance with applicable laws.
1.6.4
As part of its compliance measures, Bluball may require additional information, including:
1.6.4.1
no cash payments will be accepted.
1.6.4.2
verifications may be required for certain transactions.
1.6.4.3
reasonable supporting documents.
1.6.4.4
valid identification.
1.6.4.5
a recent proof of address.
1.7 COMMUNICATIONS AND PROMOTION
1.7.1
As part of the Bluball loyalty program, certain benefits or promotions may be subject to promotional communications. Bluball undertakes to respect user confidentiality in accordance with applicable laws.
1.7.2
Subject to the user’s consent, Bluball may use the user’s first name for promotional purposes related to a benefit or reward obtained or use representative materials for communication purposes.
1.7.3
For more information, the user is invited to consult the privacy policy available on the Website.
1.8 YOUR CONSENT
1.8.1
Telephone calls made to Bluball customer service may be recorded or monitored for quality, training and security purposes. By using Bluball services, you consent to such recording or monitoring, including to improve the user experience and prevent any fraudulent activity.
1.8.2
Bluball may collect and record electronic communications as well as information related to the use of the Website, including transactions and interactions. This data is used for security, compliance, fraud prevention, service improvement and user experience optimization purposes. By using the Website and the program, you consent to this collection in accordance with these terms and the privacy policy.
1.8.3
By creating an account, you consent to being contacted by Bluball through various communication methods (email, telephone, SMS or others), including in connection with your account or the program. You may at any time modify your preferences or withdraw your consent by contacting support@bluball.com.
1.8.4
Even in the event of unsubscribing from promotional communications, certain essential communications related to your account may continue to be sent to you. A processing delay of up to seven (7) business days may apply for updating your preferences. For any questions, you may contact support@bluball.com.
1.9 USE OF AUTOMATED SYSTEMS ("BOTS") AND PROHIBITED PRACTICES
1.9.1
The use of automated systems, bots or any technology intended to interact with the platform in an unauthorized manner is strictly prohibited.
1.9.2
Any use of methods or software intended to manipulate, circumvent or exploit the functioning of the loyalty program for abusive or fraudulent purposes is prohibited.
1.9.3
Bluball reserves the right to take any necessary measure to prevent and sanction such practices, including account suspension, removal of credits or benefits, and any legal action deemed appropriate.
2.1 THE SERVICE
2.1
Bluball disclaims all liability in connection with a promotional service in the event of interruptions, delays, technical failures or service malfunctions. The service is provided “as is”, without any express or implied warranty, including, without limitation, any warranty of performance, availability or fitness for a particular purpose. The user assumes full responsibility for the use of the service.
2.2
Bluball cannot be held liable for failures related to networks, equipment or third-party service providers. The service may not always be available and may be subject to errors or interruptions.
2.3
Bluball undertakes to correct, where possible, any reported issue within a reasonable time. Users are invited to report any incident to support@bluball.com.
2.3.1
Bluball disclaims all liability for any loss or damage resulting from the use of the Website, including data loss, interruptions or errors. Use of the service is at the user’s own risk.
2.3.2
Bluball reserves the right to refuse, limit or cancel any feature or transaction at its sole discretion. In the event of an error, the corresponding credits or points may be adjusted or reallocated.
2.4
Bluball reserves the right to cancel any credit, point or benefit granted because of an error or malfunction. Any abusive use of such errors may result in account closure.
2.5
Bluball may temporarily suspend all or part of the service at its sole discretion. Notice will be given where possible.
2.6
In the event of a major malfunction, certain features or transactions may be cancelled. Any adjustments will be made at Bluball’s discretion.
2.7
Bluball shall not be held liable for any loss resulting from a service interruption or delay.
2.8
The user is solely responsible for any tax obligations that may arise from the use of the program or the receipt of benefits, in accordance with applicable laws.
2.9
Bluball does not provide any tax or legal advice. The user is encouraged to consult qualified professionals if necessary.
2.10
Any abusive use of the system, including for optimization, circumvention or exploitation of the program mechanisms, is strictly prohibited. Bluball reserves the right to withdraw any benefit obtained abusively.
2.11 USE OF THE WEBSITE AND SOFTWARE
The user is authorized to use the Website and Bluball services in accordance with these terms.
However, it is strictly prohibited to:
- copy, modify, disassemble or exploit the software or its code;
- sell, transfer or distribute the services to third parties;
- make the service accessible to third parties in an unauthorized manner;
- use the service in violation of applicable laws.
Any unauthorized use may result in legal action, including account suspension and judicial remedies.
3. SHARED ENVIRONMENTS
Bluball reserves the right to impose limits or conditions, at its sole discretion, on any user creating or attempting to create an account from a shared environment (e.g., public computer, shared network) or deemed to present a risk.
These measures may include, without limitation:
- restrictions on the number of accounts per IP address or device;
- additional verification requirements;
- any other measure intended to ensure the security and integrity of the program.
In case of non-compliance, Bluball may suspend or terminate the account and cancel any associated credit, point or benefit.
4. INDEMNITY AND LIMITATION OF LIABILITY
4.1
The user acknowledges that they use the Bluball loyalty program at their sole discretion and at their own risk. The user agrees to indemnify and hold harmless Bluball, its officers, employees, partners and affiliates, from any claim, loss or damage arising from:
- any breach of these terms.
- any abusive, fraudulent or illegal use of the program.
- any attempt to manipulate or exploit the system.
- any infringement of intellectual property rights.
- any third-party claim related to the use of the program.
- any unauthorized use of the account.
Participation includes:
4.1.1
access to and use of the Website.
4.1.2
use of any content or material accessible via the Website.
4.1.3
access to the service servers.
4.1.4
use of features related to transactions or services.
4.1.5
participation in the loyalty program.
4.1.6
use of credits, points or benefits.
4.1.7
use of the software or tools related to the program.
4.2
Bluball shall not be held liable for any direct or indirect damage resulting from the use of the service, even if prior notice has been given.
4.3
Bluball is not responsible for delays, failures or errors related to payment providers or third-party services.
4.4
Bluball is not responsible for third-party content, actions or advertisements.
4.5
Nothing in these terms’ limits liability in cases of fraud, injury or gross fault, where applicable.
5. PROMOTIONS, CONTESTS AND REWARD PROGRAMS
5.1
Bluball may offer promotions, contests or reward programs subject to specific conditions.
5.2
These specific conditions are in addition to these general terms and form an integral part thereof.
5.3
In the event of a conflict, the conditions specific to a promotion or program shall prevail.
5.4
Bluball may, at its sole discretion, exclude a user or modify/terminate any promotion without notice.
5.5
No benefit may be claimed in the following cases:
- before the creation of an account.
- if the account is closed.
- if the user is not eligible.
Bluball may retroactively cancel any credit or benefit granted in error.
5.6
Prior to any allocation or validation of benefits, Bluball may review account activities. In the event of irregularity, Bluball may withhold or cancel credits.
5.6.1
Bluball shall determine, at its sole discretion, what constitutes irregular use.
5.6.2
In the event of abuse or fraud, Bluball may:
- refuse or withdraw credits;
- suspend or terminate the account;
- cancel benefits;
- take any necessary measure without obligation of compensation.
5.7
In the event of a breach of the terms, Bluball may cancel any credit, point or benefit and confiscate any associated balance.
6. PROGRAM RULES
6.1
In addition to these general terms, certain rules specific to the Bluball loyalty program, as well as the FAQ (Frequently Asked Questions) section, may apply and bind the user in connection with their participation. It is the user’s responsibility to review these specific rules and the FAQ to fully understand the operation of the program and its terms.
6.2
By accepting these terms, the user also acknowledges being bound by the specific program rules and the information contained in the FAQ, which form an integral part of these terms.
Any failure to comply with these rules may result in appropriate measures, including, but not limited to, the cancellation of credits, points or benefits, account suspension or any other action deemed necessary by Bluball.
6.3
Subject to the terms applicable to promotional activities and reward programs available on the website www.bluball.com, Bluball reserves the right, at its sole discretion, to adjust the distribution of credits, points or promotional benefits allocated to eligible users. Such circumstances may arise where the conditions initially established for a promotional activity, including participation thresholds or expected distribution levels, are not met by the closing time, namely 9:59 p.m. on Wednesday of each week. In such cases, Bluball may proceed with the distribution of all available credits or benefits related to the relevant promotional activity, allocating them to eligible users in accordance with the established criteria. Distribution shall be carried out in a fair and proportional manner among eligible users, including those meeting the eligibility criteria in accordance with the rules of the program applicable to that category.
7. RESPONSIBLE USE OF THE PROGRAM
7.1
Bluball places great importance on responsible use of its loyalty program and provides users with various tools to help manage their participation:
- **Usage Limits:**The user may set limits on the use of certain program features or transactions to better manage their usage.
- **Self-Exclusion:**The user may choose to voluntarily suspend access to the program for a specified period. During this period, access to the account and program features may be restricted or disabled.
- **Account Closure:**The user may at any time request the permanent closure of their account, thereby ending their participation in the loyalty program.
For more information regarding these tools, the user is invited to consult the dedicated section on the Bluball Website. This section details the applicable conditions as well as the steps required to activate these options. Bluball encourages responsible use of the program and invites users to use these tools where necessary.
8. INTELLECTUAL PROPERTY
8.1
Bluball grants the user a limited right of access to and use of the Website, the platform and all related content within the framework of the loyalty program. This right is personal, revocable, non-exclusive and non-transferable. The user agrees to use these resources in accordance with these terms. Bluball strives to maintain a service compliant with applicable standards while protecting its intellectual property rights.
8.2
The user acknowledges that all intellectual property rights, including, but not limited to, copyrights, trademarks, logos, software and any other content displayed on the Website or platform, always remain the exclusive property of Bluball or its partners.
8.3
The content and materials made available on the Bluball Website are provided solely for personal, non-commercial use within the framework of the loyalty program. The user may make limited use of such content, including for consultation, on a personal device. Any other use, including, without limitation, reproduction, modification, distribution, publication, transmission, commercial exploitation or the creation of derivative works, is strictly prohibited without the prior written authorization of Bluball. The user also agrees not to allow any third party to carry out such actions.
9. GENERAL
9.1. AMENDMENT
9.1.1
Bluball reserves the right to modify these terms at any time, as well as any rules applicable to promotional activities or loyalty programs, without prior notice. Such modifications may include additions, deletions or adjustments. It is the user’s responsibility to regularly review these documents. Continued use of the website and the program constitutes acceptance of the modified terms.
9.1.2
Any modification comes into force upon its publication on the Bluball Website. From that moment, the user is bound by such modifications.
9.1.3
The user agrees to regularly review the applicable terms. Continued use of the service constitutes acceptance of updates.
9.2. ELIGIBILITY
Employees, partners, affiliates, suppliers, agencies and any person involved in the development or operation of the Bluball program, as well as their immediate family members, are not eligible to participate in the program to avoid any conflict of interest.
9.3. SEVERABILITY
If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be interpreted in a manner that reflects the original intent to the extent permitted by law.
9.4. NON-WAIVER
Failure by Bluball to exercise any right shall not constitute a waiver of such right.
9.5. THIRD PARTIES
These terms do not grant any rights to third parties, unless otherwise specified.
9.6. ACCEPTANCE
By using the Bluball program, you acknowledge that it is a promotional loyalty program with no monetary value. Credits, points or benefits have no value in FIAT currency and do not constitute income or an investment.
You agree that you are solely responsible for your use of the program and any consequences arising therefrom, and you release Bluball from any liability to the extent permitted by law. Credits have no pecuniary value and do not constitute an asset, a property right or a form of FIAT currency.
9.7. ENTIRE AGREEMENT
These terms constitute the entire agreement between the user and Bluball.
9.8. INTERPRETATION
Headings are for convenience only. The singular includes the plural and vice versa.
9.9. GOVERNING LAW AND JURISDICTION
These terms are governed by the applicable laws determined by Bluball, and any dispute shall be submitted to the competent courts.
9.10. LIMITATION OF ACTIONS
Any claim must be brought within six (6) months following the event, failing which it shall be time-barred.
9.11. TRANSLATIONS
In the event of any discrepancy, the French version shall prevail.
9.12 COMPLAINTS AND DISPUTES
Any complaint must be sent to: support@bluball.com with the relevant information.
Bluball reserves the right to process requests according to its timelines and internal procedures.
9.13 ASSIGNMENT
The user may not assign their rights without consent. Bluball may freely assign its rights.
9.14 BUSINESS TRANSFERS
In the event of a corporate transaction, accounts and data may be transferred to a third party.
9.15 ACCOUNT TERMINATION
Bluball may suspend or terminate an account at any time. Promotional credits may be cancelled in case of breach of the terms, fraud or abusive use.
9.16 ACCOUNT CLOSURE
The user may close their account at any time through the available options.
9.17 FINAL DECISION
Bluball system records shall prevail in case of discrepancy.
9.18 BLUBALL CREDITS
Bluball credits are promotional units with no real monetary value and cannot be exchanged for money.
9.19 FORCE MAJEURE
Bluball shall not be responsible for events beyond its control (outages, disasters, etc.).
9.20 NO AGENCY
No partnership or agency relationship is created.
9.21 SUPPORT
For any questions, contact support. Communications may be recorded.
10. ACCESS TO THE BLUBALL PROGRAM, MOBILE NETWORK AND DEVICES
When accessing the Bluball loyalty program via a computer, mobile device, tablet or any other electronic device, the following additional conditions apply:
- **Technical compatibility:**You must ensure that your device and Internet connection are compatible with the Bluball platform. Bluball shall not be responsible for technical issues resulting from inadequate equipment or connection.
- **Use of application:**If you use a mobile application or specific interface, you must comply with the terms of use applicable to that application as well as these terms.
- **Account responsibility:**You are responsible for all activities carried out from your account, including any unauthorized use. You must protect your credentials and ensure the security of your device.
- **Updates:**You must keep your application or software up to date in order to benefit from improvements and ensure optimal performance.
- **Network usage:**You are responsible for all costs related to the use of your Internet connection or mobile network.
- **Compliance with terms:**These terms apply to any use of the program, regardless of the device used.
By accessing the Bluball program, you acknowledge and accept these conditions applicable to multi-platform use.
10.1 NETWORK OPERATOR AND FEES
You are fully responsible for all fees charged by your service provider (Internet, mobile data, etc.) in connection with your use of the Bluball program.
Bluball assumes no responsibility for such fees and invites you to verify applicable rates with your operator.
10.2 CONNECTIVITY
You are responsible for providing and maintaining the equipment, Internet services and authorizations necessary to access the Bluball program.
Bluball shall not be held responsible for interruptions, technical failures or issues related to your equipment, network or Internet access. You are also responsible for the confidentiality of your credentials and the security of your connection.
10.3 SPECIFIC PROVISIONS
10.3.1
You must ensure that your use of the Bluball program complies with the laws and regulations applicable in your jurisdiction, particularly those relating to promotional and loyalty programs. If you are in a jurisdiction where access to such services is restricted or prohibited, you must refrain from using the platform.
Last update of the Terms and Conditions: February 16, 2026
Version: 97687698803