PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE AND USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE ACCESSING THE SITE OR USING THE SERVICES ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS OF USE. IF YOU OR THE ENTITY DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
Acceptance of Terms
The service that JoomliC (and iCagenda) provides to User is subject to the following Terms of Use and Privacy Policy.
Please read these Terms of Use & Privacy Policy before accessing JoomliC.com and iCagenda.com
If you disagree with these terms of use or any part of these terms of use, you must not use our website, software and content.
Updates to our Terms of Use and Privacy Policy
We reserve the right to add, remove or modify any section, article or paragraph of our Terms of Service and Privacy Policy without prior notice. All changes are effective immediately.
You agree to ensure your compliance with the latest version of these Terms before accessing or using the JoomliC site, iCagenda site, and its service, software and content.
Copyright
This entire site is covered by French and international legislation on copyright and intellectual property. All rights reserved, including downloadable documents and iconographic and photographic. Reproduction of all or part of this site or the newsletter on any medium whatsoever is strictly prohibited without our express permission.
(Art. L 122-2 CPI, CPI-3 L122, L122-4 of the Penal Code, all forms of reproduction of works presented in this space is liable to a fine of 45,000 €.)
Restricted Access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
- You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so.
We may disable your user ID and password at our sole discretion without notice or explanation.
Information on the links and references
This website may contain links to other websites or references to information managed by public agencies or private. These links and sources of information are made available for informational purposes only. We do not control these sites and the information contained therein and therefore can not provide any guarantee as to the quality of the information.
- We disclaim all liability for damages arising from consulting the information contained on other sites or other sources of information in general, and referenced in the portal.
- If you want to make from your site a hyperlink to our websites, please firstand we will inform you as soon as possible of your eligibility.
- Only links that may infringe a right may be banned.
Purchasing an extension
Purchasing an extension will buy you full access to the extension's latest version, older versions, updates and premium support. By purchasing an extension, you agree that:
- All GPL extensions by JoomliC are released as Open Source GNU/GPL License license releases and as such there are no other limitations or in other ways conditions beyond those stated as per the GNU/GPL License license.
- There is no warranty or in any other way any form of liability on the side of JoomliC.
- JoomliC reserves the right to offer discounts or permanent price changes at any moment, without prior notice.
If you choose to not renew your subscription, you can still use the extension without restrictions, forever. You can keep installing the latest version that you have downloaded from our website, on any website. But you will no longer be able to get extension updates or premium support unless you renew your subscription.
Although the number of downloads are not limited, an extension purchase eg. the account that purchased the extension, cannot be shared. Sharing or other methods which allow for multiple, simultaneous downloads (and thereby affect the performance of this website) are strictly forbidden and may result in termination of the support and updates that came with your purchase.
Payments
Payments are completed through the Paddle payment platform. This platform offers different payment method, including Credit Card, iDeal, PayPal and Apple Pay.
Sales Tax and Withholding
Paddle is the reseller of our Product. As Merchant of Record, Paddle handles all Sales Tax collection, reporting and remittance. If required to by law Paddle will withhold any and all required taxes, fees and other such amounts from sales proceeds of the Product.
Refunds policy
Criteria for being classified as a natural person or business for the purposes of refunds
If you have made a purchase and received a receipt instead of an invoice, have not converted your receipt for an invoice, and only use the software for personal, non–commercial use you are considered a natural person. In all other cases you will be considered a business for the purposes of refund consideration.
Limited scope of refunds
Refunds are only granted in the following cases:
- You are a natural person and have not made use of our services in any way within 30 calendar days (inclusive) from the start date of your subscription.
- You are a natural person or business having purchase a renewal, requesting a refund at least one calendar day before the expiration of the perviously active subscription or 30 days after your purchase, whichever comes first.
- You are given a discretionary refund by a company official (Director) either in a support ticket reply or in an email reply from an official email address of our company.
In all other cases no refunds will be granted.
Consent on the software's capabilities
When you are subscribing to our software you are explicitly stating that you accept these Terms of Service. This is understood as providing your explicit and unreserved consent on having been fully informed about the software's capabilities and requirements by a. reading the marketing material and its documentation; b. having submitted a pre-sales request through our site's Contact Us page where you truthfully and completely explained your intended use case and received a reply from a company official; c. by having used the free of charge version of the software (if applicable); or a combination thereof. JoomliC does not accept responsibility for your actions, mistakes or omissions including but not limited to errors in comprehension, assumptions and purchases made on the basis that a feature not explicitly mentioned would be implemented upon your request. Refund requests on these grounds will be rejected with prejudice.
Applicable law for refunds to natural persons (not businesses)
In compliance to EU directives, if you are a natural person (not business) you are entitled to 30 calendar days of "cool-off" period. If within those 30 calendar days you have not used our services (as clarified below) you are eligible for a full refund of your purchase, no questions asked. This "cool-off" period is provided in accordance to Article 6, §1 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts and the Directive 2011/83/EU which replaces it.
However, if you have made use of our services you are not eligible for a refund, even in the first 30 calendar days according to Directive 2011/83/EU, Article 16, §m which states: "the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal."
Explicitly: when you click on a software download link, or use any method provided by your web server / CMS to initiate such a download (including but not limited to installing updates via Live Update and Joomla! extensions update), or request software support from us through our ticket system you are giving us your express and unreserved consent to begin the provisioning of the software download and support service you have purchased from us, waiving your right of withdrawal from the subscription contract, making you ineligible for a refund. For more information you may also want to read: http://europa.eu/rapid/press-release_MEMO-11-450_en.htm?locale=en
Clarification for the software download service: Most of our software comes in two editions, a free of charge Core edition and a subscription-based Professional edition. For these software we consider our software download services to have been provisioned only when you download the subscription-based Professional edition. Downloading the free edition of our software or any other item which is made available to the general public without the need for an active subscription (e.g. documentation) does not constitute performance of our download service. For example, if you have a subscription to iCagenda for Joomla! Professional but you have only ever downloaded iCagenda for Joomla! Core and its documentation then your right to withdrawal is not affected.
Clarification for the software support service: Performance of the software support service begins at the exact time you submit a support ticket or a reply to an existing support ticket. Pre-sales requests, invoicing / transaction questions, user account (logging in) questions and communication through e-mail or the Contact Us page does not count towards the performance of the software support service. These are communications provided outside the scope of the software support service.
Applicable law for refunds to business clients
For business clients the applicable legal document for considering refunds are a. these Terms of Service which have the place of a contract; and b. the software license.
Selective eligibility of renewal purchases for refunds
This section applies to all clients, regardless of whether they are a natural person or a business.
You can request a refund for a purchased renewal as long as all of the following conditions are met:
- You purchase the exact same type of subscription as you had before. In case we discontinue that subscription type we will consider a new purchase to be a renewal if it gives you access to at least the same number of subscription-only software as your previous subscription.
- You request the refund up to one calendar day before your previous subscription's suspension date or 30 days after your renewal purchase, whichever comes first.
- If you have purchased a renewal within 30 days before the suspension date of your previous subscription the previous requirement does not apply. Instead, the following requirement applies: you have neither downloaded nor requested support for the software you are given access to by the purchased renewal and you file a refund request within 30 calendar days of your renewal purchase.
Do not attempt self–correction of purchase mistakes
If you accidentally purchase the wrong subscription or failed to use a valid coupon code you had in possession prior to your purchase please contact us immediately. Do not attempt to purchase the “right” subscription or repurchase the same software with your coupon code.
In the former case you might be given an automatic discount for the second purchase. In this case we will refund the first subscription but reduce the subscription length of the discounted subscriptions proportionally to the discount percentage given. For example, if you were given a 10% discount on a one year subscription its length will be reduced by 1.2 months (10% of 1 year).
In the latter case we will only be able to give you a refund for your purchase where the coupon code was applied.
Chargebacks and payment disputes
If you file a chargeback or otherwise dispute your payment your subscription will be canceled immediately and your access to our site may be restricted.
If you voluntarily withdraw your dispute your subscription will be reinstated after a period of up to 90 days. In this case your subscription time will not be adjusted for the period of time during and after the dispute during which you were unable to access our services.
If you let the dispute process proceed or you withdraw it after our reseller has started handling it we will terminate your user account with prejudice and reject any further subscription purchase from you. In case we discover that you circumvented this measure either yourself or by proxy we will terminate those user accounts without refund.