General Terms & Conditions
General Terms & Conditions – HITI Software
PLEASE READ THESE GENERAL TERMS AND CONDITIONS (“T&C”) BEFORE USING THE SERVICES OF HITI SOFTWARE ON THE WEBSITE WWW.HITISOFTWARE.COM (“THE WEBSITE”).
THESE GENERAL TERMS AND CONDITIONS SET FORTH THE LEGAL OBLIGATIONS RELATED TO THE SUBSCRIPTION TO ANY LICENSE OF SOFTWARE PROPOSED BY HITI SOFTWARE ON THE WEBSITE WWW.HITISOFTWARE.COM.
WITH THE PARTICIPATION OF FRENCH POLYNESIA.
Article 1 – Legal Information
These General Terms and Conditions T&C set forth the conditions and the legal obligations related to the use of the Website, property of the company TAHITI ROBOTICS, company registered in French Polynesia, Papeete, under the number TC29671, located PK 14,500, côté mer, servitude Goussaud, pointe des Pêcheurs, Punaauia, Tahiti, French Polynesia (“HITI Software” or “the Company”).
The Website is an online platform on which the Company proposes several Licenses of use of Software programs, whose copyrights are owned by the Company.
E-mail address of the Company: firstname.lastname@example.org
Personal data contact: Mr. Christophe LANDRET.
Article 2 – Subject of the T&C
The access to the Website is free. The price for the subscription to the License are available on the Website and the payment terms are set forth in Article 4.2.
All Clients must carefully read these T&C before using or subscribing the Services provided by the Company on the Website. Any use of the Services provided by the Company or any subscription to a License involves the unreserved and express acceptance to these T&C.
The use of the Website and the subscription to the Services is exclusively reserved to people able to subscribe agreements, in accordance with French Polynesian laws. Any minor using the Website and the Services guarantees having the prior and specific authorisation of parents or legal guardians. In case of doubt on the age of the Client and its legal capacity to use the Website and the Services, the Company is entitled to immediately suspend, without prior notification, the access to the Client Account.
The Client declares and guarantees having received from the Company any information and advises necessary to subscribe to these T&C. The Client must previously verify that Services and the Website meet with its expectations.
The Client shall have necessary knowledge, skills and resources, including human and technical, required for the use of the Services and the Website.
Article 3 – Definitions
The terms of these T&G, will have the following meaning :
- Client: any person, natural or legal, subscribing a License on the Website.
- Client Account: personal account used by a Client to subscribe License on the Website.
- EULA: End User License Agreement, agreement between the Company and the Client which sets forth the conditions and obligations of the License granted for each Software.
- Fee: price paid by the Client in exchange of the grant of a License on the Software.
- Intellectual Property Rights: means intellectual property rights, including (i) all patent filings, patents (registered or not), copyrights (registered or unregistered), exploitation of copyrights (registered or not), trade secret, trademark (registered or not), trademark registration, trade name, trademark exploitation (registered or not), confidential information, know-how, processes, technologies, development techniques, ideas, concepts, design rights, methodology, algorithm or invention, (ii) all rights of use or exploitation over what has been said previously and (iii) any other property rights, derived from Polynesian laws or from foreign laws.
- License: authorization granted by the Company to the Client for the use of a Software in accordance with the T&C and sets forth in the EULA corresponding.
- Purchase Order or Order: document available on the Website, fulfilled by the Client for a License subscription.
- Services or Services: any mission performed under the responsibility of the Company necessary for the provision of the Website, in compliance with these T&C.
- Software or Software program(s): computer program(s) developed by the Company whose use is granted under License to the Client with respect to the conditions of these T&C.
- Term: duration of the subscription to the Service and the Website.
- User: any person using the Website; the User may be a Client or not.
Article 4 – License subscription
4.1. Registration and Purchase Order
4.1.1. Registration and Client Account
The navigation on the Website is free but any License subscription is submitted to the payment of a Fee. The Client can read all the information about the License and the Software on the Website and can choose the License meeting its needs for a subscription.
For each License, the term and the price of the Fee are indicated on the Website in an End User License Agreement (“EULA”). The EULA must be read and accepted by the Client before processing a Purchase Order.
Once the Client has selected a License for a subscription, the Client shall register for a client account (“the Client Account”) and fulfil a purchase order (“Purchase Order”).
For such purpose, the Client shall provide the following information:
- first name
- last name
- electronic address
- post address
- phone number
- bank information
All these information are processed in accordance with Personal Data Protection legislation described in Article 10.
Before validation and creation of a Client Account and a Purchase Order, the Client shall tick the box “I have read and I accept the General Terms & Conditions of the Website and the terms and conditions of the License of the Software [EULA]”.
This step is mandatory and the Client shall only tick this box after having previously read and accepted all the provisions of these T&C and all the provision of the corresponding License.
In addition, upon creation of the Client Account, the Client shall also provide a username and a password (“the Identifying Codes”).
The Client is fully responsible of the use of the Identifying Codes, the Client Account and the use of the Website in general. The Client commits to execute all acts on the Website only with its own Identifying Codes. Likewise, all acts made under its Identifying Codes shall be deemed as acts performed by the Client. The Client can complete and/or modify some or all of its information at any time through its Client Account.
The Client can delete the Client Account at any time, by electronic mail (email@example.com) or by sending a post mail (PK 14,500, côté mer, servitude Goussaud, pointe des Pêcheurs, Punaauia, Tahiti, French Polynesia), in the condition of Article 10.
In case of loss, omission or misuse of the Identifying Codes by a third part, the Company’s liability cannot be engaged and the Client shall immediately inform the Company of the situation, either by e-mail at firstname.lastname@example.org, or by post mail (registered letter with acknowledgment of receipt) at PK 14,500, côté mer, servitude Goussaud, pointe des Pêcheurs, Punaauia, Tahiti, French Polynesia.
Upon reception of the written and duly justified notification, the Company shall carry out an examination of the case and will be entitled, for security measures, to suspend any access to the Client Account. The Company will perform the Client’s request at the earliest possible time and will address the Client, through e-mail, the new Identifying Codes after verification of its identity.
The Client remains fully responsible for the use of its Client Account performed by third parties until modification, by the Company, of its Identifying Codes; the Client therefore guarantees the Company against any claims or demands regarding the loss of data resulting from the loss or the fraudulent use of its Identifying Codes.
The Client is expressly forbidden, at the registration and the acceptance of these T&C, as well as all along the use of the Services, to communicate false or incorrect information on the Website and/or on the Softwares or to provide any shocking, racial, ethnic, politic, philosophic or religious information, as well as trade union membership, sexual orientation, health, or which could be contrary to morals or law.
4.1.2. Purchase Order
Once the Client has selected the License for subscription and has created its Client Account, the Client can proceed to the Order.
The Order is a document summarizing the conditions of the License subscription, such as the duration if the License subscription, the number of computers for the use of the Software and the Fee related to such subscription.
The Client shall fully accept, before any subscription, the EULA of the Software subject of the License subscription. The EULA is transmitted to the Client before any subscription.
Upon reception of the Order and provided that the Client complies with applicable laws and these T&C, the Company shall send a confirmation to the Client and the invoice corresponding.
4.2. License Fee
4.2.1. Price of the License Fee
The price quoted in the Order is the Fee due for the subscription of a License, to be paid by the Client. The Fee is quoted free of charge and excluding taxes.
The Fee is due for the duration of the subscription, as set forth in the Purchase Order, either payable monthly or yearly.
All the other services performed by the Company and not planned in the Purchase Order will be invoiced additionally.
The Fee, as well as any additional fees due for the subscription of other services, are calculated net of taxes. Any taxes must be paid by the Client, at the applicable rate of VAT (Value-Added Tax), upon receipt of the invoice from the Company.
The bank charges (of transfer) of the Client is payable by the Client and must remain the responsibility of the Client (prohibition of deduction of these fees from the price paid).
Any payment made in advance by the Client at the request of the Company must be considered as a non-refundable deposit and not as a financial advance on the price.
The Client is fully informed that the Company is allowed to suspend and / or cancel the License and its deliveries if payments are not executed on time.
If a payment due pursuant to these T&C is not made on time, the Company reserves also the right to claim daily interest at the current rate of the European Central Bank, until the payment day, without prejudice to the other rights of the Company. The Client shall indemnify the Company for all costs incurred (including legal costs) in the process of recovering the sums due.
For any actions taken by the Company to recover amounts due and not paid by the Client, the costs will be paid exclusively by the Client.
4.2.2. Payment process
The Client shall pay the Fee through the website FASTSPRING (https://fastspring.com/) and according to the Order displayed on the Website, by clicking on the link “BUY NOW”.
The payment is fulfilled with the website FASTSPRING, either by direct debit or by bank transfer. The bill is established under the name of FASTSPRING. The Client guarantees having necessary funds to proceed to all payments on the Website.
After payment of the Order and fulfilment its email address, the Client shall receive an email with a link, accessible for 1 hour after the sending of the email and can access to its account page of FASTSPRING and to all of its Order(s).
4.3. Right of withdrawal
The nature of the Services delivered and the Licenses granted by the Company is digital. Therefore, the Client is fully informed that once the use of the Software is initiated, the Client cannot use its withdrawal rights. The Client therefore expressly agrees to renounce to its right of withdrawal.
If the Client did not start using the Software during the 14 days after sending the Purchase Order and wishes to exercise its withdrawal right, the Client shall inform the Company in writing, by e-mail at email@example.com or by post mail at PK 14,500, côté mer, servitude Goussaud, pointe des Pêcheurs, Punaauia, Tahiti, French Polynesia.
This exercise is only possible for non-professional Clients.
Article 5 – Term and update of the T&C
The T&C are in force for the whole duration of navigation and access to the Website and for the whole subscription by the Client to one or several License and/or to the Services.
A copy of these T&C will be addressed in PDF, by e-mail, to the Client, in their updated version at the moment of their acceptance. The Client is allowed to save or print these T&C, provided they are not modified.
The Company is allowed to modify and/or update the T&C. The Client will be informed of such change and shall benefit of a 8-day delay to notify, by post or electronic mail, their refusal to such modification(s) and therefore their ask for the deletion of the corresponding Client Account, as set forth in Article 4.1.1.
The Company is entitled to modify, at any time, the characteristics of the Services and the Website, except in case of substantial modifications. The Company shall, in such case, inform the Client of the modifications 15 days before their implementations. In such case, a copy of the T&C will be addressed in PDF, by e-mail, to the Client, in their updated version.
If there is no opposition from the Client to the aforementioned modifications, they will be deemed accepted. The T&C updated and available on the Website shall prevail on any other former version for all future Services.
Future T&C modifications shall be enforceable and effective at the time of their release online.
Article 6 – TAHITI ROBOTICS’ rights and obligations
The Company undertakes to make available to the Client the Software in accordance with the License subscribed and the functionalities described in the Purchase Order and the Website.
The delivery of the Software is processed through downloading. The Client must have access to Internet to send the Purchase Order and to download the License. However, the Client does not need to have permanent access to Internet to use the Software.
Upon Client demand or Purchase Order, the Company can provide additional services such as hosting and data saving, maintenance and security for the Software.
The Company reserves the right to modify the Software but only for a service improvement.
The Company declines any responsibility in the event of theft, loss, hacking or any other prejudice related to the Client, or any of the content and the data the Client has downloaded in the Software.
Article 7 – Client’s rights and obligations
The Company may, at any time, restrain or close the access to the Website and/or the Services and/or a Software to any Client, without former notice, in case the Client does not comply with the T&C provisions.
The Client is and remains the sole owner, with all relative rights, and the sole responsible of the content the Client publishes and broadcasts through the Website and gives access to on the Website.
Nevertheless, the Client is expressly informed that any act of publishing of this content on the Website involves the grant, to the Company, of a free and non-exclusive license, giving the right to the Company to represent, reproduce, communicate to the public and broadcast, from the Website, such content, on all existing and future electronic communication networks (such as Internet, mobile phone 2G, 3G, 4G, 5G, ADSL TV, etc.), to distribute and to modify such content, particularly in order to respond to necessary technical requirements, including digital compression. This license is granted for the whole world and for the whole duration of intellectual property rights in French Polynesia.
The Client guarantees:
- being to sole owner of the contents downloaded and broadcasted through the Website;
- having all rights to perform such publishing, reproduction and diffusion;
- having all rights to grant the aforementioned license to the Company;
- that the publishing and the access to such content does not violate any protected rights, whether it is personal rights (image right, personality rights, names, etc.) or intellectual property rights (copyrights, trademarks, designs, patents, etc.);
- to not publish nor broadcast any content on or through the Website which may: o cause harassment to third parties or to call third parties to cause harassment,
- incite hatred, discrimination, racism, fanaticism and the physical violence,
- portray scenes of pornography, paedophilia, or any other subject that is offensive or contains a link to an illicit website or an adult-only website,
- illicitly solicit personal information from minors,
- illicitly provide phone/fax numbers, electronic or post addresses,
- represent or advocate illegal activities or conducts of a defamatory, insult, obscene, threatening or slanderous nature as well as false or misleading information,
- offer an illegal or unauthorized copy of works protected by copyright, patents, designs or trademarks,
- distribute reproduce, publish or modify in any way the elements protected by copyrights, trademarks or any proprietary rights belonging to third parties without their prior consent,
- provoke or encourage the transmission of unsolicited e-mails, chains of e-mails, mass mailings, instant messages, unwanted advertising messages or unsolicited letters,
- encourage any illegal activity or criminal enterprise or giving indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses,
- solicit passwords or personal information from other Clients for commercial and/or illegal purposes,
- involve commercial activities and/or sales such as lottery or advertisements without the written consent of the Company.
Article 8 – Intellectual property / copyrights
8.1. Intellectual property of the Software
The Client is informed that the Software programs remain the exclusive property of the Company.
The Company only grants non-exclusive License to use the Software programs. The Company declares and warrants that the Software programs developed are original within the meaning of the Intellectual Property Code and that it holds all intellectual property rights relating thereto and guarantees the Client for the right to use the Software programs.
8.2. Intellectual property of the content
The Client is and remains the sole owner of the data and content used and downloaded into the Software after delivery from the Company. The Client declares to be the holder or concession holder of all the intellectual property rights relating to the content and data he inserts in the Software and guarantees the Company to not infringe the rights of any third parties, in particular property rights, intellectual property (patent, trademark, copyright, design & model), personality (rights in the image of others, right to the privacy of privacy, right to the surname), right to the image, rights of goods, and therefore they do not constitute any acts of infringement in any way of intellectual property rights and / or acts of unfair competition and/or breaches of contractual obligations of any kind.
Consequently, the Client undertakes to identify and guarantee the Company free of any claim, legal or extrajudicial action and/or any conviction of any nature that may be pronounced against him or against any person of its employees, corporate officer, subsidiary, parent company, service provider, because of the content and/or data, particularly in the event of violation of the provisions of this article. The Client agrees to comply with the laws and regulations in force including the rules relating to the operation of online services, electronic commerce, copyrights, morality and public order and the universal principles use of the Internet.
Article 9 – Technical information
The Client is fully informed and expressly accepts the characteristics and limits of the Internet and recognizes, in particular:
- being aware of the nature of the Internet, in particular the technical performances and the response times of the Company to consult, interrogate or transfer information or to answer to the Client’s requests;
- that the communication by the Client of personal identification elements or in general any communication of any information considered by the Client as confidential, is made under the Client’s own responsibility;
- the Client is responsible for taking any necessary measures to ensure that the technical characteristics of the smartphone or computer permit the view of the information and the Website in general;
- the Client is responsible for taking all appropriate measures to protect the Client’s own data and/or software from contamination by any viruses circulating through the Website or the Softwares.
As a result, the Company cannot be held liable for any inconvenience or damage arising from the use of the Internet and/or their computer or mobile phone, including a break in service, external intrusion or the presence viruses. Services are provided to the extent of availability.
The Company does not guarantee an error-free service, or a no-interrupted service, or an absolute security of the Services, except for its obligations resulting from the regulation in force concerning personal data protection.
The Company is not bound by any obligation of personalized assistance and particularly technical assistance.
The Company does not guarantee the quality and compatibility of the Website with the use of the Client intends to do. The Company does not guarantee any result or benefit from the use of the Services or the Website.
Article 10 – Personal data protection
The provision by the Client of personal data is necessary for the efficient operation of the Website.
The data collected by the Company from the Website is due to the contractual relation with the Client and includes personal data. The Company is the controller to this processing of personal data.
Data collected are: first name, last name, electronic address, post address, phone number, identification codes and log-in.
The Clients are informed that the Company complies with laws and regulations in force regarding any personal data processing within the EU and in particular the General data protection regulation (GDPR) of April 27th, 2016 n°2016/679. Particularly the Company ensures confidentiality of personal data processing and has implemented technical and organisational security measures.
The purposes of the personal data processing are for the management and the provision of the Services of the Website.
Collect and processing of personal data are necessary for registration, identification and Client Account management.
The Company also processes personal data for internal management, promotion and advertising purposes as well as for marketing and commercial purposes.
The recipients of personal data are, in addition to the subcontractors referred herebelow, the Company's partner, such as, in particular, accountant, co-web developer.
In order to carry out the aforementioned purposes, the Client is informed that all or part of its personal data may be transferred from the Company to the following processors (as defined in the GDPR):
- HOST: OVH
- PAYMENT PLATFORM: FASTSPRING
Pursuant to legal and regulation dispositions, the Client has an individual right of access, right to rectification, right to erasure (“right to be forgotten”), right to restriction of processing and a right to data portability.
The Client may ask for rectification of the personal data if they are inaccurate or incomplete. Except the personal data necessary for the Services and for reasons of compliance of the Company to its obligations, the Client is entitled to ask for the deletion of their personal data processed by the Company, in cases set forth in Article 17 of the GDPR (n°2016/679 of April 27th, 2016).
The Client also has an individual right to object to processing its personal data. The Client is entitled to oppose such use of its personal data for commercial prospection purposes, including profiling, as long as the Client is included in such prospection.
The Company cannot disregard the right to erase, the right to rectification or the right to object of the Client, unless for legitimate grounds for the processing which override the interests, rights and freedom of the Client for the establishment, exercise or defence of legal claims.
For the exercise of their rights, the Client can address the requests to Mr Christophe LANDRET, by e-mail or post mail to the following addresses, providing its name and post address:
- PK 14,500, côté mer, servitude Goussaud, pointe des Pêcheurs, Punaauia, Tahiti, French Polynesia
Copy of an identity document shall be attached to the Client’s request.
The period for which personal data will be stored is equal to the period of the contractual relationship between the Client and the Company. However, the Company is entitled to store the Client’s personal data in case of suspicion or risk of proceedings with the Client or on official request from a public, administrative, judicial or state entity.
The Client can address any request to the French national commission dealing with personal data protection: the CNIL (“Commission nationale informatique et libertés” - https://www.cnil.fr/).
Article 11 – Miscellaneous
11.1. Force majeure
Any event beyond the control of the Company and against which the Company cannot reasonably protect itself is a case of force majeure and suspends in this respect the obligations of the Company and the Client, as for example, without this list being exhaustive: flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout, technical failure (EDF, ERDF, telecom operators, Internet access providers or accommodation, Registrar, etc.), a supply stoppage (such as electricity), a failure of the Company's communication network (electronic or else) and/or networks that would replace it.
The Company cannot be held responsible or considered to have failed in its obligations set forth in these T&C, for any non-fulfilment related to a case of force majeure as defined by Polynesian laws, provided that the Company notifies it to the Client and does its utmost to minimize the damage and to perform as soon as possible its obligations after cessation of force majeure.
Unless otherwise indicated in these T&C, correspondences between the Client and the Company are sent by electronic mail.
The date of reception or the date of issuance of the messages expressed in the IT system of the Company shall be deemed as proof, until production of a contrary written proof.
The provisions of these T&C express the entirety of the agreement between the Client and the Company. They supersede all other proposals or exchange of letters before and after the Client’s registration on the Website, and any other provisions contained in documents exchanged between the Company and the Client and related to the subject of these T&C, unless amendment duly signed by both.
The fact that the Client or the Company has not demanded, temporarily or permanently, the application of one or more of the provisions of these T&C may not be deemed as a waiver of their rights.
If one or more provisions of these T&C should be held as invalid or declared as such in application of any law, regulation or after definitive decision of a competent court, the rest of the provisions of these T&C shall remain in force with full effect.
In such case, the Company will delete the invalid provision and replace it by a valid provision.
In case of difficulty in interpretation between a provision and its title, title shall be deemed unwritten.
11.7. Jurisdiction and applicable law
Any difficulty of interpretation and/or execution of these T&C shall be submitted to French Polynesian courts. The law applicable is the French Polynesian law.