Terms

Terms of Sale

Introduction: Welcome to Octothink. These Terms of Sale (hereinafter “Terms”) are intended to specify the rights and obligations of the parties between DIRECTORSBOOK Ltd., registered with Companies House of England and Wales under company number 9400828, whose registered office is at Flat 14 Gooch House, 13 Malthouse Road, London SW11 7AU (hereinafter the “Company” or “We”) and any person who has chosen to subscribe to the service (hereinafter the “Subscriber” or, collectively, “the Subscribers”). The purpose of these Terms is to define the contractual relations between the Company and the Subscriber.

The www.OctoThink.net website (the “Website”) is owned and has been created by the Company. The rights to use and distribute the application OctoThink and its intellectual property rights have been licensed to the Company in certain territories (the “Application”).

By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

Any subscription contracted with the Company implies the express, prior, full and complete acceptance of these Terms by the Subscriber, as well as the Privacy Policy.

These Terms as well as all contractual information mentioned on the Site and the App are written in French and in English. Online acceptance of these Terms is evidenced by a mandatory checkbox during the subscription process described in Article 4 of these Terms.

Customer service can be reached using the following contact details:

Email: support@octothink.net
Telephone: +33 1 76 36 23 41 (Monday to Friday 9 a.m. to 18 p.m., Central European Time being GMT+1)

Presentation We offer our Subscribers, via our Application Octothink a premium service in which Subscribers can have full access to Octothink games and winners’ leaderboard with no adverts.

Access to the Site The Subscriber is solely responsible for the technological means necessary to access the App, and must in particular have Internet access and an e-mail address. The Subscriber is responsible for telecommunications and Internet access costs for using the App. Access to the App is possible 24 hours a day, 24 days a week, except in the event of force majeure or an event beyond the control of the Company and subject to possible breakdowns and maintenance interventions necessary for its proper functioning. The Company cannot be held responsible for the Subscriber's inability to connect to the Internet or the Site, or to access his Subscriber account on the Site.

The Website is hosted by Anyfes Digital Almogàvers, 29-31, Les Roquetes, Sant Père de Ribes 08812 Barcelona, Spain.

Subscription to the Service
1. Conditions of eligibility

At the time of subscribing to the “Subscription” and each renewal thereof, as well as throughout its execution, the Subscriber declares that he meets the following eligibility conditions:

Is a natural person; and
Is of legal age (+18 years) and capable of entering into contractual relationships alone within the meaning of English law.
1. Forms of subscription

These conditions are required for the Company's acceptance of the Subscriber, and the Company reserves the right to verify the accuracy of the declarations made by the Subscriber by means of verification of the personal and banking details provided by the Subscriber upon subscription.

The Company has the right to request any additional supporting documents from the Subscriber and to unilaterally terminate the Subscription in the event of inaccurate declarations by the Subscriber or failure by the Subscriber to communicate the requested supporting documents within a period of eight (8) days from the issuance of the request.

To take out a Subscription to the Service, the Subscriber must download the App and follow the instructions, providing the requested information. In the event of communication of erroneous data, the Company cannot be held liable.

The Subscriber guarantees that all the information he provides is accurate, up to date and sincere and is not tainted by any misleading character. He undertakes to inform the Company (at the address mentioned in the preamble to these Terms) in the event of changes to his contact details, in particular banking details.

The Subscriber is informed and accepts that the information entered for the purpose of creating or updating his Account constitutes proof of his identity. The information entered is binding upon validation, it being specified that the Company reserves the right to verify the accuracy of the data provided.

Once the Subscription procedure is complete, and after the first payment of the price of the Service in accordance with Article 5 hereof, the Subscriber will receive an email confirming his subscription, which will include the details of his order, the conditions and procedures for exercising his right of withdrawal.

Price and Payment The cost of subscribing to the Service amounts to €19,90 per month including tax. Each month, the Subscriber will be able to find the invoice corresponding to the period in their Subscriber space on the App. The Subscriber authorizes the Company to automatically deduct the amount of his subscription using the bank card details he has provided.

Payment of the Subscription amount is made exclusively by bank card. The bank card will be debited with €19,90 each month until the Subscriber wishes to terminate their Subscription under the conditions set out in Article 7 of these Terms.

Duration and Termination The Subscription takes effect on the day of Subscription to the Service. It is an ongoing monthly subscription with no commitment.

Termination may be notified by the Subscriber at any time by email without notice and without reason. Such termination must be notified by the Subscriber either:

by completing the cancellation form;
by email to: support@octothink.net; or
by contacting us by telephone on +33 1 76 36 23 41.

Unless cancelled during the cooling off period under Article 7, termination will take effect at the end of the current subscription month, so that the Subscriber who terminates his Contract and who has paid for the current month will have the right to use the Application for the remainder of the current month.

At the end of the current month, the Subscriber will no longer have access to the App and will no longer be charged by the Company.

The Company also reserves the right to terminate the Subscriber’s account at any time in the event of non-compliance by the Subscriber with these Terms, invalidity of the means of payment provided by the Subscribe, fraud or attempted fraud by the Subscriber.

It also reserves the right to stop offering the App. The Subscriber will be informed of the termination of the Service by any appropriate means.

Right to Cancel the Subscription In accordance with article L 221-18 of the Consumer Code, the Subscriber has a legal withdrawal period of 14 calendar days from the date of subscription to the App. By cancelling within this period, the Subscriber automatically terminates his subscription, and receives a full refund of the subscription fees already paid. This reimbursement takes place no later than 14 days from the date on which the Company received its cancellation request. Following the termination request, an email will be sent to the Subscriber, specifying that the request has been taken into consideration. The Subscriber may exercise his legal right of cancellation by using the form on the Website or the App in the “Cancellation” section or by copying the form below on plain paper:

I hereby notify you of my cancellation of the contract for the provision of services below

Subscription date:

Last name:

First Name:

Email address used:

Date and signature (if this form is sent on paper):

Exercising the right of withdrawal results in termination of the contract.”

This withdrawal form must be sent:

By post to the following address: DIRECTORS BOOK Ltd. Flat 14 Gooch House, 13 Malthouse Road, London SW11 7AU, United Kingdom; or
By e-mail to support@octothink.net

General rules relating to conduct: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable English and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify Directorsbook in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

Content: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Directorsbook. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Directorsbook’s express permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App licensed to be used by Directorsbook. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Directorsbook.

Service links: The App may contain links to websites operated by third parties (“Third Party Websites“). Absolutely Digital may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, Directorsbook does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

Privacy policy: We take your privacy very seriously. Directorsbook will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.

DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DIRECTORSBOOK DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN FUTURE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Directorsbook will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

Nothing in these Terms shall be construed as excluding or limiting the liability of Directorsbook for death or personal injury caused by its negligence or for any other liability, which cannot be excluded by English Law.

Service Suspension: Directorsbook reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Applicable law and jurisdiction These Terms are governed by English law. In the event of a dispute relating to the interpretation, validity and/or execution of these Terms, the Subscriber may choose to choose:

one of the territorially competent courts under the code of civil procedure, or
the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.

If all or part of a clause herein proves to be illicit, unwritten, void or inapplicable, this clause will be abandoned, in whole or in part, without the validity of the other clauses being affected, the remainder of these Terms retain their validity in full effect.

Complaints and mediation For all disputes between the Company and the Subscriber, the latter is invited to try to resolve it amicably before taking legal action, it being remembered that this attempt does not interrupt the deadlines for acting as a guarantee, by taking the as quickly as possible contact the Company's customer service according to the following methods:

by sending an e-mail to the following address: support@octothink.net, or
using the online form available here, or
by contacting telephone support at the following number: +33 1 76 36 23 41

In the absence of an amicable agreement, the Subscriber may resort to conventional mediation or any other alternative method of dispute resolution. The Subscriber may in particular, in accordance with articles L.612-1 et seq. of the Consumer Code, contact the European Commission's online dispute resolution platform free of charge. This platform is accessible here. This mediation platform allows consumers to submit a mediation request online accompanied by supporting documents. The Subscriber remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the Mediator.

Personal and Banking Data

The Company respects the right to privacy. It is required, when the Subscriber registers on the App, to collect personal data (email address, last name, first name, telephone number, etc.), for the purposes of managing their order and commercial relations with the Company.

The conditions for processing personal data by the Company are set out in the Privacy Policy.

In accordance with the provisions of Law No. 78-17, known as the Data Protection Act, of January 6, 1978 and EU Regulation 2016/679 applicable since May 25, 2018, the Subscriber has the right to obtain, erasure, opposition, access, rectification and deletion of all personal data concerning him obtained by the Company during the use of the Service. Any Subscriber may exercise this right by sending an e-mail to the address support@octothink.net.

In the event that the Subscriber ultimately decides not to finalize his subscription, the Company only collects the email address. This email address may be used subsequently by the Company to follow up on the prospect who has not finalized their order. Other information is only kept for Subscribers who actually finalize their subscription to the Service.

The Company is particularly sensitive to the security of its website and the information that its Subscribers may entrust to it. Monthly payments are debited via secure payment providers. The latter are the only ones to have access to Subscribers' banking information.

General provisions These Terms (as amended from time to time) constitute the entire agreement between you and Directorsbook concerning your use of the App.

The texts in force require that certain information or communications be transmitted in writing. By using this App, Subscriber agrees that these communications will be primarily electronic.

Directorsbook reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Directorsbook.

Directorsbook’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Directorsbook in writing.