The STIMSYSTEM Company provides guidance and expertise to professionals in the area of information technology systems and software.
In this context, STIMSYSTEM wanted to make the “offroadLabs” Website available to professionals so that they may, in particular, get a WordPress theme – i.e. a ready-to-use website with unified structure and graphic interface that the User can fill and customize through the WordPress content management system.
ARTICLE 1 – PURPOSE AND SCOPE
ARTICLE 2 – DEFINITIONS
“General Terms of Sale” (hereafter the “Terms of Sale”): a mandatory contract concluded between STIMSYSTEM and the User relating to a subscription to the “offroad” WordPress theme.
“Secure Payment Solution”: all payment tools made available on the Website through the PayPal payment service, published by PayPal (Europe) S.a.r.l. & Cie, S.C.A., that allow the User to pay for the Provision according to the conditions set out in Paypal’s General Terms.
“User”: any professional browsing the Website.
ARTICLE 3 – LEGAL NOTICES
The offroadlabs.io website is published by:
One-person limited liability company (Société À Responsabilité Limitée Unipersonnelle) with capital of €2,000 registered with the Aix-en-Provence Trade and Companies Register under no. B 789 985 579
Intra-community VAT number: FR78789985579
145 AVENUE DE PEROUSE
13090 AIX-EN-PROVENCE, FRANCE
Phone number: +33 (0) 616 816 865
Email address: firstname.lastname@example.org
Director of publication: Sébastien TIMONER
N° de déclaration CNIL : 2065755
The website is hosted by: Digital Ocean, Inc.
101 Avenue of the Americas 10th Floor
New York, NY 10013, USA
ARTICLE 4 – ACCESS TO THE SERVICE
4.1 General Prerequisites
To access the Service, the User agrees that they shall:
- Have a minimum active Internet connection with a sufficient level,
- Have a recent, up-to-date operating system, and
- Subscribe to the Service exclusively as a professional, use the Service for their own professional business needs, and act through a legal representative or duly authorized agent.
Should the User not comply with the prerequisites, the User acknowledges that they may not be able to use all or part of the Service.
In the event of a false statement – in particular, regarding their being a professional – the User acknowledges that STIMSYSTEM may refuse to grant them access to the Service, without prejudice to any civil or penal sanctions that the User may incur in this respect.
4.2 Prerequisites for Using the Secure Payment Solution
Should the User not comply with the General Terms of the publisher of the Secure Payment Solution, the User acknowledges and agrees that they may not be able to order the Provision or that the Provision ordered may be automatically canceled, without the User receiving any compensation whatsoever.
ARTICLE 5 – DESCRIPTION OF THE SERVICE
The Website offers two types of service Provisions:
5.1 Online Publication of Articles
Articles written by STIMSYSTEM are published on the Website and the User may freely read them. The articles can be accessed directly on the Website’s homepage.
The articles may be read free of charge.
The User may comment on the articles by clicking “…”, filling out the comment input field – which may not exceed … characters – and clicking “…”.
The User acknowledges and agrees that STIMSYSTEM may moderate every comment prior to publication, without being bound by any deadline. STIMSYSTEM may accept or reject a comment at its discretion. The User acknowledges and agrees that STIMSYSTEM may reject a comment without explaining why. STIMSYSTEM also reserves the right to delete any previously published comment without notice or explanation.
5.2 Subscription to the “offroad” WordPress Theme
To take out a subscription to the “offroad” WordPress theme, the User shall register. To this end, the User may click “Try offroad” on any page of the Website or “Registration” in the menu bar.
The User will then be redirected to a page summarizing the subscription packages. They shall choose the package to which they want to subscribe by clicking “Sign Up” under the corresponding package.
The User will then be redirected to a registration form where they shall provide:
- A username,
- An email address,
- Their first name,
- Their last name,
- Their chosen password,
- The same password, a second time, and
- The country from which they are registering.
The User shall also confirm, by checking the corresponding boxes, that:
- They are a professional, and
The User shall confirm their registration by clicking “Register”, after which they will receive a welcome email informing them that their account will be activated once the service Provision has been paid for.
After confirming their registration, the User will be redirected to the website of the Secure Payment Solution, where they may pay according to the terms set out by the publisher of the PayPal Secure Payment Solution. Should the User not have a PayPal account, they shall create one according to the terms set out by the publisher of the PayPal Secure Payment Solution.
The User acknowledges that, except for a payment confirmation, the publisher of the Secure Payment Solution does not share any information with STIMSYSTEM.
After paying on the website of the Secure Payment Solution, the User will be redirected to a page where they may log in to access the “My Account” menu of their personal area. At the same time, they will receive an email confirming payment.
Should the payment fail, the User will be redirected to a page of the PayPal website confirming that the operation has failed and that their account was not debited.
5.2.3 Logging In
On the page where they may log in to access their personal area, the User shall fill in the username and password chosen during their registration and click “Log in”.
5.2.4 Browsing the Personal Area
Once logged in to their personal area, the User has access to several menus and may freely browse them:
- “Home”: the User may access the Website’s homepage.
- “My Account”: the User may access the “offroad” WordPress theme and their license number – as well as various information about their account – through the following sub-menu:
- “Overview”: the User may download the “offroad” WordPress theme by clicking the corresponding link and may view their license number.
- “Profile”: the User may fill out their profile – in particular, to receive an invoice – by providing their address, postal code, city, phone number, intra-community VAT number and SIRET number.
- “Subscription”: the User may access information about their chosen subscription package and may choose a different one.
- “Orders”: the User may access the orders summary and download invoices.
- “Sponsorship”: the User may access to the sponsorship program.
- “Help”: the User may read the answers to Frequently Asked Questions (FAQ) about the use of the Website.
- “Log Out”: the User may log out of their personal area.
- “Documentation”: the User may access the online documentation, the answers to Frequently Asked Questions (FAQ), and video tutorials.
- “Support”: the User may access technical support.
5.2.5 Technical Support
A user logged in to their client account may access the offroadLabs technical support by clicking “Support” in the menu bar. From this interface, the user may:
- Check the status of tickets they have submitted (Tickets),
- Create a support ticket to:
- Report an incident, a bug or an issue, or
- Request that a new function be added,
- Access the knowledge base (FAQ) at their disposal, or
- Access a dashboard displaying the number of open, pending and closed tickets.
5.2.5 Sponsorship Program
The user can be part of the Offroadlabs sponsorship program. It provides him free months of subscription by sponsoring offroadlabs to his contacts.
One new user subscription with the sponsorship code means:
- 1 free subscription month for the new user
- 1 free subscription month for the sponsor (with no limitation for the number of new users)
The user can get his sponsorship link within his offraodlabs account. The user has to login. He goes to the sponsorship part and copy the sponsorship link.
With this link, the new user can start the 14 days trial and when he confirm the subscription, he will get the free month for him and his sponsor.
Without this sponsorship link, there will be no way to benefit of the free month.
ARTICLE 6 – PRICE AND PAYMENT TERMS
The articles published online are provided free of charge.
The price and payment terms for a subscription to the “offroad” WordPress theme are subject to the Terms of Sale, which the User shall accept when placing an order.
Depending on the options chosen, as described in Articles 2 and 3 of the Terms of Sale, a subscription to the “offroad” WordPress theme will cost:
- Free during a period of 14 days with the Trial offer
- 7 DOLLARS exclusive of VAT (7$ excl. VAT) for one (1) month,
Subscriptions will be renewed automatically; to cancel a subscription, the User may log in to their Offroadlabs.io account and go to the “Subscription” section.
12 months commitment the first year, then cancel authorization at any moment.
Subscriptions will be renewed automatically; to cancel a subscription, the User may log in to their Offroadlabs.io account and go to the “Subscription” section.
In this section, the User may view all their subscriptions and may click “delete” to cancel a subscription. A cancelled subscription will remain active until the end of the initial subscription period. This action needs to be performed before the anniversary of the order.
ARTICLE 7 – ABSENCE OF RIGHT OF WITHDRAWAL
As previously stated, only a professional may subscribe to the Service.
The User acknowledges that, as a professional, they may not invoke the provisions of the French Consumer Code – in particular, the provisions relating to consumers’ right of withdrawal.
The User waives any right of withdrawal.
Likewise, should, under Article L 221-3 of the French Consumer Code:
- The User employ five (5) or fewer people,
the User acknowledges that, according to Article L 221-28 of the French Consumer Code, by subscribing to the Service:
- The service Provisions entrusted by the User to STIMSYSTEM through the Website will start sooner than the legal withdrawal period of fourteen (14) days from the day payment is received, and
- At the time the order is confirmed, the User expressly waives their right of withdrawal.
Therefore, the User expressly acknowledges and agrees that they do not have any right of withdrawal, regardless of their business area and number of employees.
ARTICLE 8 – LIABILITY
8.1 Liability of the User
The User guarantees that they are acting as a professional.
The User guarantees that the personal information provided to the Website is accurate and up to date.
The User acknowledges that, in the event of identity theft, they may be liable to civil and criminal prosecution.
The User undertakes not to send to the Website any file that might damage it.
According to French law, the User acknowledges that no abusive, libelous, xenophobic comment, nor any comment advocating hatred or violence against anyone on account of their origin, their belonging or not belonging to any given ethnicity, nation, race or religion, their gender, sexual orientation or identity, or their disability, will be tolerated on the Website. Any User contravening the provisions in this paragraph may be liable to civil and criminal sanctions.
8.2 Liability of STIMSYSTEM
Concerning the subscription to the “offroad” WordPress theme as defined in Article
Should the User blame STIMSYSTEM for any failure or damage, the User shall prove the failure or damage through any means.
ARTICLE 9 – INTELLECTUAL PROPERTY
This article applies without prejudice to the rules set out by WordPress.
All the components that make up the Website belong to STIMSYSTEM.
None of the components that make up the Website may be displayed, reproduced or modified, in any way whatsoever, on any medium whatsoever, in whole or in part, without STIMSYSTEM’s prior written consent.
The User that has taken out a subscription to the “offroad” WordPress theme acknowledges and agrees that they are the sole beneficiary of the license for the said theme.
The User acknowledges that any failure to comply with this article will constitute an infringement punishable under Articles L335-2 and following of the French Intellectual Property Code, and that any offender may be liable to civil and criminal prosecution.
ARTICLE 10 – PERSONAL DATA
10.1 Data Collection
For the purpose of providing the Service, STIMSYSTEM collects Users’ personal data.
The data may be shared with any third party that helps provide the Service, such as providers hosting the Website or providing the Secure Payment Solution.
In this context, STIMSYSTEM may also instruct the above-mentioned third parties to collect the following data about the User, without STIMSYSTEM accessing the said data directly:
- First and last name,
- Date and place of birth,
- Intra-community VAT number,
- SIRET number, RCS number,
- Email address and website,
- Landline and cell phone numbers,
- IP address, and
- Debit card / payment data.
Save in the cases mentioned above, STIMSYSTEM may only share the personal data upon judicial requisition and strictly in compliance with applicable regulations.
10.2 Users’ Rights
According to French law no. 78-17 of 6 January 1978 (amended), the User has – and may use at any time – the right to:
- Access the data pertaining to them and have it modified, rectified or deleted,
- Oppose, for legitimate reasons, the processing of some personal data pertaining to them,
- Oppose, free of charge, the use of the data pertaining to them for canvassing purposes – including but not limited to business canvassing, and
- Ask STIMSYSTEM, as the data controller, to:
- Confirm that personal data pertaining to them is or is not the subject of a file,
- Provide information about the purposes of the file, the categories of personal data collected, and the recipients with which the data is shared, and
- Transfer, in an accessible format, the personal data pertaining to them as well as any information available regarding the origin of the said data.
To exercise these rights, the User may send an email at the following address: email@example.com or a letter by mail at the following address: 145 AVENUE DE PEROUSE, 13090 AIX-EN-PROVENCE, FRANCE. For the request to be processed, the User shall attach a copy of a proof of identity.
ARTICLE 11 – COOKIES
Cookies are “tracking” files that may be installed in the User’s terminal when visiting the Website.
Since the sole purpose of the cookies is to enable or facilitate electronic communication and cookies are strictly necessary for providing the Service at the User’s request, they do not require the User’s consent.
The User may, at any time, delete the cookies or prevent their collection by changing their web browser parameters. In that case, the User acknowledges and agrees that there is no guarantee that they can use the Service.
ARTICLE 12 – FORCE MAJEURE
Neither STIMSYSTEM nor the User may be liable for any damage resulting directly from any force majeure event – as recognized by French case-law – or in the event of any interruption, suspension, decrease or outage of power or telecommunications networks.
After a force majeure event, the defaulting party will promptly notify the other party and do its utmost to minimize the consequences.
The User acknowledges and agrees that refusing the changes will entail their immediate forfeiture of the use of the Service.
In the event of an assignment, the User acknowledges and agrees that STIMSYSTEM will be immediately and fully released from its obligations.
The User acknowledges and agrees that opposing the assignment will entail their immediate forfeiture of the use of the Service.
ARTICLE 15 – DIVISIBILITY
ARTICLE 16 – WAIVER
ARTICLE 17 – SETTLEMENT OF DISPUTES
Should any dispute arise between the User and STIMSYSTEM, the Parties undertake to attempt to find an amicable solution. Should their attempt fail, the Parties designate the Aix-en-Provence Commercial Court as the competent court.