GENERAL TERMS AND CONDITIONS OF SALE
actionrabbitclassplugin.com is a specialized catalog-based e-commerce website. The website is published and operated by Actioneer, an American Software and user experience company with its registered office at 709 E. Santa Clara st, 94301 Ventura, California in the United States.
1 Definitions
Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or payment details where applicable and these General Terms and Conditions of Sale.
Customer(s): any individual or legal entity wishing to benefit from the services provided by Actioneer.
Parties: Actioneer and the Customer.
Personal Data: personal data as defined by the US Department of Labor, which is entered, disclosed or communicated by the Customer while using the Product.
Plugin: the Action Rabbit plugin for the WORDPRESS content management system.
Products: the Action Rabbit WordPress plugin.
Service: Delivery, Support and Updates.
Support: the support, assistance and/or maintenance services provided by Actioneer, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin.
Technical Requirements: the latest version of the list of hardware and system specifications recommended by Actioneer and appropriate for the use of the plugins, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of WordPress and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.
Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by Actioneer, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.
Website: actionrabbitclassplugin.com
2 Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which Actioneer SAS provides its Customers with a plugin to the WORDPRESS Content Management System via its website at actionrabbitclassplugin.com.
3 Acceptance and enforceability of the General Terms and Conditions
The Customer represents that it has read, understood and accepted these General Terms and Conditions.
The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.
The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.
Accordingly, every order placed via wp-rocket.me entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.
The Customer is advised to save a copy of and/or print out these General Terms and Conditions of Sale. Actioneer may also send a copy of these General Terms and Conditions of Sale to any person so requesting.
Actioneer reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, Actioneer shall notify revisions made to the General Terms and Conditions of Sale via an announcement on actionrabbitclassplugin.com. Notwithstanding, Actioneer advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.
Users may download or consult the revised General Terms and Conditions of Sale.
Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and enforceability of the General Terms and Conditions of Sale”.
Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force as of their publication, unless it is specified that their effectiveness is deferred until a later date.
The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.
Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.
Exceptions to these General Terms and Conditions of Sale shall only be enforceable against Actioneer if they have been duly agreed and recorded in a written document signed by Actioneer.
4 Ordering
4.1 Creating a Customer Account requires a login and password
To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.
The Customer can then log in to their Customer Account using their login and password.
The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, Actioneer shall on no account be held liable for any loss or damage arising from use by an unauthorized third party.
4.2 Placing an order
To place an order, the Customer must follow the steps described below:
- Go to the Website;
- Follow the instructions on the Website and connect with a login and password if already registered;
- Select the required Product;
- Check the order summary and correct any errors;
- Enter the promotional code, if any;
- Select the required payment method;
- Accept these General Terms and Conditions;
- Confirm the order and the total price excluding VAT;
- Complete the payment procedure.
Actioneer reserves the right to cancel the order in the event of error or omission in entering the required fields.
4.3 Order confirmation
The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until Actioneer sends this email confirmation. Actioneer advises the Customer to save a copy of or print out the email confirmation of the order.
5 Products and Services
5.1 Product and Service Factsheets
The basic features of each Product offered via the Website are set out in a corresponding web page, which may be viewed on said Website.
5.2 Specific features of Products and Services
5.2.1 License for use of the plugin
The product granted by Actioneer is a license for use of the Action Rabbit plugin.
There is a range of licenses offered:
- Single: use of plugin for one website;
- Multi: use of plugin for three websites;
5.2.2 Support and update service
Purchase of a Action Rabbit plugin license comes with a one-year support and update service effective from the order date.
The IT support service applies only to use of the License it is sold with.
Updates are installed on Actioneer’s recommendation. Actioneer is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising.
6 Receipt of Products – Non-receipt – Complaints
6.1 Receipt of Products
Receipt of the Products is complete once the Customer activates the download link.
6.2 Non-receipt
If the Customer fails to receive the activation key for the Action Rabbit License, Actioneer will cancel the code that has been transferred. A new activation code for the License will be generated and sent via email to the Customer.
6.3 Complaints
The Customer is prompted to supply a valid email address in order to receive the API activation key.
Before making a complaint, Customers are advised to check their Spam folder for the email containing the activation key.
In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to: engineering@theactioneers.com with their order number as stated in the confirmation email.
7 Customer’s cooperation and obligations
The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by Actioneer for the use of the ActionRabbit plugin.
The Customer shall provide all items and information necessary or useful for the purpose of making improvements to the plugin, in particular by submitting a support ticket whenever a malfunction is identified in the plugin.
The Customer agrees to cooperate with Actioneer for the provision of the support service. In this respect, the Customer agrees to provide Actioneer with their login or access code to the WORDPRESS Content Management System or to perform the operations recommended by Actioneer in order to deal with any malfunctions identified by the Customer.
8 Actioneer’s obligations
Actioneer is only subject to a best efforts obligation.
Actioneer agrees to use its best efforts to ensure the proper delivery of the license for use of the Action Rabbit plugin.
Actioneer agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.
Actioneer agrees to employ all means to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by Action Rabbit, beyond Actioneer’s control.
9 Price and payment
9.1 Price
9.1.1 Pricing
The prices and technical specifications of the Products and Services offered by Actioneer may be viewed at actionrabbitclassplugin.com.
Prices are shown in USD and include VAT.
The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.
Actioneer reserves the right to revise its pricing at any time.
9.1.2 Promotional code
The Customer may use a promotional code to be entered when the order is placed. NB: only one promotional code is allowed per order.
9.2 Payment
Products remain the property of Actioneer until full payment is received.
Payment is due and payable upon placement of an order.
Customers may pay by credit/debit card.
A payment undertaking given by means of a credit/debit card is irrevocable. By providing information on their credit/debit card, the Customer authorizes Actioneer to debit their card for the amount corresponding to the price.
For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).
Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into Actioneer’s account until the Product activation key has been delivered by Actioneer.
The Customer agrees to receive only digital invoices.
10 Cancellation
Customers that have stated their intention of downloading the Product before expiry of the 14-trial period and that have expressly waived the right to cancel their order shall not be entitled to cancel.
In this case, the following message appears before the Customer starts downloading:
“By downloading, I wish to have immediate access to the downloaded content and, accordingly, I waive my right to cancel my order.”
11 Termination
If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.
12 Refund & Warranty Policy
By purchasing and downloading the Action Rabbit plugin you are opting to begin the 14 day period in which a refund is agreeable. When the 14 day period has eclipsed and no refund has been requested the customer can be eligible for refund with documentation of a non-conformity existing upon delivery.
The Customer is solely liable for the choice, storage and use of the Products.
No claim may be made under the warranty in the event of misuse.
13 Liability
Actioneer assumes an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.
Actioneer shall not be held liable for damage resulting from use of the plugin by the Customer after the end of a period of 365 (three hundred sixty-five) calendar days following the order.
Actioneer shall not be held liable for repairing damage arising from the use of Internet such as data loss, intrusion, viral attack, loss of connection and any other incidents unrelated to the subject matter of the Service.
Actioneer shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of Actioneer.
Actioneer shall not be held liable for malfunctions identified by the Customer during the use of the plugin license, if the Customer has not executed the updates recommended by Actioneer or has not performed the operations recommended by Actioneer following identification of a malfunction by the Customer during the performance of the Agreement.
Actioneer shall not be held liable for business interruption caused by the performance of its support and update service, unless such damage results from negligence or willful misconduct on the part of Actioneer.
In any event, Actioneer’s liability shall be limited to payment of damages not exceeding the amount paid by the Customer when placing the order.
14 Force majeure
Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.
In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
15 Severability
If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force and scope with regard to all of the contracting Parties.
In such event, the Parties may agree to replace or amend the invalid provision(s).
16 Probative documents
The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.
The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in Actioneer’s computer systems.
17 Personal Data
Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified.
Personal Data collected via the Website is hosted by Blue Host, 560 Timpanogos Pkwy, Orem, UT 84097, United States.
17.1 Purpose of processing
The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:
Access to Products;
Preparation of invoices;
Circulation of newsletter, if applicable;
Compilation of statistics on the use of the Website;
Improvement of marketing and promotion initiatives, as well as Website content and offers;
Receipt of customized offers.
17.2 Recipients of Personal Data
Actioneer agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.
17.3 Personal Data provided to government agencies and bodies
Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.
17.4 Personal Data provided to third parties
Actioneer agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by clause 18.3 hereof.
17.5 Customer’s right to oppose, correct and delete Personal Data
Customers have the right to access, challenge, modify, correct and delete their Personal Data.
Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.
This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.
Customers may exercise their rights by sending an email to Actioneer via the “Contact” page or by mail to:
Actioneer | Action Rabbit
790 E Santa Clara #103
Ventura, Ca 93001
USA
18 Cookies
Information on the Customer’s browsing on the Website is stored by cookies.
Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.
Cookies do not allow the Customer to be identified.
The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.
19 Intellectual property
The content of the website created by Actioneer is the exclusive property of Actioneer, which is the holder of all the related intellectual property rights.
The Customer agrees not to copy, reproduce or download all or part of its content, without written and express prior authorization from Actioneer.
Any full or partial copy, reproduction or download of website content created by Acitoneer is liable to constitute an infringement.
The Customer agrees not to copy, reproduce or attempt to reproduce the plugin offered by Actioneer.
Actioneer’s granting of a License for use shall not entail the transfer of intellectual property rights in the Product.
Any Product for which a License is granted remains the property of Actioneer. Accordingly, pursuant to the Agreement, the Customer only acquires from Actioneer a non-exclusive, non-transferable personal right to use the Products featured in the online order.
20 Governing law and jurisdiction
All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these General Terms and Conditions of Sale shall be governed by United States law.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and Actioneer, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of California.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and Actioneer, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.
