Terms of Services njuko

updated on 11/21/2018 

Welcome to njuko!

njuko.com, is the commercial brand of njuko SAS, a French company registered at Tribunal de commerce de Bayonne under the ID number 750 866 675 000 28 (VAT number FR77 750 866 675) and offers web and mobile applications to help event organizers manage their events.

1. Definitions

Each of the expressions set forth below shall have the meaning given to it in this contract, whether used singularly or plurally:
· "Terms and Conditions" or "Conditions" means the terms and conditions of use of the njuko services by the Internet user.

· "Site" or "Website": means the website published by njuko SAS, accessible at the URL www.njuko.com;
· "Services" or "njuko": means the services offered by njuko SAS via the website and the Application;

· "Organizer": means the natural or legal person, the club, the association or any other person/organization that uses the Application Platform for the marketing of the ticketing of a sporting event and / or the management of the registrations at the sporting event. The Organizer may be a legal representative who manages, on behalf of a third party, the marketing of the ticketing of a sporting event and / or the management of the registrations of the sporting event.

· "Sports event": means any sporting event managed by the Organizer;
· "Ticket": means the title valid for registration at the sporting event organized by the Organizer.
· "Participant" or "Internet user": means the natural person who acquires a Ticket via the Application to participate in a sporting event.
· "Application": means the web interface allowing Participants to register for a sporting event managed by the Organizer.
· "Transaction": means any online payment transaction made through the Application.
. "Chargeback" refers to the transaction whereby a user repudiates the payment made online on the application to his bank and thus blocks the payment of his registration and / or options purchased in the future.

2. Purpose

The purpose of these General Terms and Conditions is to define the conditions under which the Internet user may use the Application to purchase a ticket enabling him to participate in a sporting event.

3. Scope of the present

The use of the njuko services by the Internet user implies its immediate and unconditional acceptance of the present conditions.

The parties agree that their relations will be governed exclusively by these General Conditions, to the exclusion of any other conditions available on any other medium, which have only informative and non-contractual value.

4. Liability of njuko SAS

njuko SAS is a third party external to the commercial relationship existing between the Organizer and the Participants to the sporting event. The Organizer trusts njuko SAS with the technical management of the collected funds.
In fact, njuko SAS understands that all payments and refunds are made in accordance with the general terms and conditions of the event that you have accepted at the time of your registration.

Before obtaining the Ticket, the Internet user must also accept the general conditions of sale and participation in a sporting event established by the Organizer.
The Ticket is sent by email. If the Internet user does not receive his ticket within one hour of his purchase, he can ask for a copy by email by contacting bonjour@njuko.com or presenting himself with his identity card at the place of the event for Recover a copy of his ticket.

The payment will appear with the following wording on the participant's transaction statement: sport tickets or sport ticketing.

5. Access to services

5.1. Registration at a sporting event
To register for a sporting event, the Internet user must log on to the page related to the sporting event. Registration implies the immediate and unconditional acceptance of these general conditions.
The Internet user guarantees the accuracy of the data transmitted at the time of registration and undertakes - if necessary - to update them as soon as necessary. In the absence of accuracy and / or updating of its data the Internet user may not or against njuko SAS, or against the Organizer, in particular in the event of an impact in his registration for a sporting event.
Upon registration of the Internet user, the Application generates a reservation number which will allow the Internet user at a later date to modify the registration data.
To modify their registration, the Internet user must enter his email address communicated at the time of registration and the reservation number.
The reservation number is strictly personal and confidential. The Internet user is responsible for the confidentiality of his identifier and his reservation number. Thus, the use of the Service is deemed to be carried out by the Internet user, under his entire responsibility.

The payment will appear with the following wording on the participant's transaction statement: sport ticket or sport ticketing. 

5.2. Functioning of services
njuko SAS will use all means necessary to ensure the smooth functioning of its services. However, njuko SAS reserves the right to interrupt access to its services at any time for one of The following reasons:
- in the case of abuse or fraudulent use of services by the Internet user,
- in cases of force majeure, such as, in particular, those retained as such by the French Courts of Justice and Jurisprudence; any malfunctioning of the services
- with a view to a maintenance operation.
The interruption of the access to the services falls under the sovereign decision of njuko SAS, without any condition of motivation of this decision before the Internet user.
In addition, njuko SAS cannot be held responsible for the impossibility for the Participant to accede to the Application, when this impossibility is due to difficulties related to the Internet network or any other cause outside of njuko SAS.

6. Obligations and warranties of njuko SAS

njuko SAS guarantees that the Application has a security system, which guarantees protection when purchasing Credit Card Tickets.
Due to fraud protection schemes, it is possible that some Payments are not accepted. njuko SAS shall not be liable for any liability whatsoever.

njuko SAS will use all due diligence to maintain the availability of its services 7 days a week. njuko SAS cannot be held liable in the following cases: disruption in The use of the Internet and the presence of computer viruses, and any form of non-execution of a transaction due to facts known as force majeure such as those retained as such by the French courts of justice and jurisprudence.
njuko SAS enjoys Of an exemption from the banking authorization issued by the ACP (Prudential Control and Regulatory Control Authority) under reference D17-00399.
At January 1, 2017, any French company operating third-party account management must be either a bank or obtain an exemption from licensing.

7. Collection and processing of personal data (privacy policy)

njuko SAS complies with all legal provisions applicable to the protection of privacy. njuko SAS has declared the processing of personal data to The CNIL (n° 1610910).

njuko SAS is hosted by Amazon Web Services and all data bases are located in Amazon’s data center in Ireland.

In its sole capacity as a technical service provider, njuko SAS collects and retains the personal data that the Participant voluntarily provided to the Organizer via the Application as part of his registration at a sporting event.

7.1 Security of collected data
Access to servers and the njuko SAS system on which data is collected, processed and archived is strictly limited. Appropriate technical and organizational precautions have been taken to prohibit access to any unauthorized person. Within njuko SAS, only the persons whose duties justify it can access the Participant's personal data, just like the Organizer of the sporting event.
For security reasons, after deletion of the participant's personal data, njuko SAS shall retain for a period of five (5) years the registration data of the Participant (registration date, amount payed, options details), as well as the history of the events and operations related to the registration.

7.2 Purposes of the processing
It is specified that the Participant ' Organizer in charge of managing registration for a sporting event. njuko SAS is merely a technical service provider facilitating the management of these registrations.
The Participant is informed and accepts that njuko SAS, in its capacity as data controller, collects and processes personal data for the purposes of:
- Any applicable legal or regulatory provisions, in particular with regard to the prevention of money laundering and the financing of terrorism,
- processing / management and archiving of transactions,
- processing Participant requests,
- carrying out tests and statistics
The Participant is informed that his / her personal data may be recorded in one or more files in compliance with the applicable legislation and accepts that the collected data is recorded and processed in accordance with the abovementioned requirements.

7.3 Communication of collected data
The Participant accepted that the personal data is strictly necessary for the functionality of at least one of the mentioned reasons or what is required under the applicable regulations, are communicated by njuko SAS to the Organizer of the sporting event and / or to partners of the event.
njuko SAS will not communicate in any way The personal data of the Participant to a third party other than the Organizer, unless expressly agreed by the Internet user.

To ensure the proper functioning and security of the application, we may need to log events on the application.

Njuko SAS provides organizers with tools to comply with GDPR, but can not be held responsible if an organizer decides not to activate them for their event.

7.4 Rights of opposition, access and rectification
The Participant has a right of access to the personal data concerning him and is Informed that it can consult at any time the information which it has communicated to njuko SAS in its registration form.
The Participant has the right to obtain the correction of the inaccurate data which concern him, he is informed by njuko SAS that He may modify this personal information from his registration form.
The rights of opposition, access and rectification can be exercised free of charge on Request to njuko SAS by e-mail to the following email address bonjour@njuko.com or by post to the following address: njuko SAS - Customer Service, 65 Avenue de Bayonne - Espace Agoretta - Lot 205 - 64210 BIDART.

7.5 Cookies
Cookies (files sent by the server of njuko SAS and which are registered on the hard disk of the computer of any Internet user) are used in the Services offered by njuko SAS. These cookies serve above all to improve the functioning of the Services especially in terms of speed. These cookies allow the registration data to be retained until the Participant validates the payment. These temporary cookies expire automatically after 30 minutes ofinactivity on the Application or when the Participant leaves the Application or closes its Internet browser.
The Participant is informed that he can refuse njuko SAS System cookies in the parameters of his Browser, but is informed that it will be impossible for him to register and navigate the Application.

Cookies are also stored (by Google Analytics) on your device in order to analyse your research data, your geo-localisation and web browsing, in order to understand your web activity. This data is does not contain your name, but only statistics to improve your client experience on njuko.

8. Contract Duration and Deletion of Registration

This agreement shall enter into force at the time the Application is used by the Internet User and will remain in effect until termination for any reason.
Participant may request the deletion of their registration and terminate this Agreement at any time by sending an application to njuko SAS by e-mail to the following email address: bonjour@njuko.com.

By deleting its registration the Participant agrees that njuko SAS cancels all pending transactions. In case of chargeback denounced by the bank, the registration and / or the associated options will be automatically cancelled.

9. Nullity

The nullity or inapplicability of any of the provisions hereof shall not render null and void the other provisions which shall retain their full force and effect.
The parties then agree to replace the clause declared invalid and invalid by a clause which 'Brings it closer in terms of its content to the clause initially adopted.

10. Temporary waiver of rights

The act of one party, on one or more occasions, the rights, options, claims or actions of the parties under this agreement shall not be construed as a waiver or To exercise that right, to make that claim or to exercise that right.

11. Dispute settlement

This contract is subject to French law.
In the event of a dispute, the Participant will first contact njuko SAS by e-mail (bonjour@njuko.com) to try to reach an amicable solution. In the absence of an amicable solution, the French courts shall have exclusive jurisdiction. Any proceedings or disputes arising out of this contract shall be the responsibility of the court of the place of domicile of the defendant or, at the choice of the defendant, of the place of performance of the service.

12. Notifications to njuko SAS

All notices sent to njuko SAS under this Agreement must be sent by post to: NJUKO SAS - Customer Service, 65 avenue de Bayonne - Espace Agoretta - Lot 205 - 64210 BIDART. You can also email us at contact@njuko.com or call us at +33 5 64 14 05 01 from Monday to Friday, between 9am and 12pm, and 2pm until 6pm.