FLUID BODY LTD ("We") is an English company with its registered office at Trident Business Centre, 89 Bickersteth Road Unit M228, Tooting London, SW17 9SH UNITED KINGDOM whose registration number is 07088232 which operates through the https://docadabra.com/en site ("Site") an online manuals and guide search service.
The purpose of these Terms is to set out the manner in which You as a Customer may use the Service ("Terms").
Our Terms may be modified and completed at regular intervals as they evolve, in which case We will inform you by e-mail the month before they are updated. The access and use of Our Service after you have been informed of this update, as well as the absence of cancellation of Your subscription by the end of the month, implies Your adherence to the latest version of the said Terms.
This version of Our Terms is dated 21/01/2021.
1.1 The access and the use of Our Service requires the opening of an account through Our Site ("Account").
1.2 When you register, you will be asked to provide the following information:
- Email address
As a Customer, You guarantee the accuracy, sincerity and reliability of the information provided to Us, as well as the fact that You are of legal age and entitled to subscribe to Our Service in Your country of residence.
We draw Your attention to the fact that We reserve the right to take any legal action against You, including criminal action, in the event of identity theft.
1.3 Your subscription contract is only validly concluded once the acceptance of the payment made pursuant to Article 2 below has been confirmed ("Contract"). You may download Your Contract at any time by sending Us a request to that effect by email.
1.4 The opening of an Account only confers the right to access and use our platform to the Client who has opened the said account. As a Client, it is therefore Your responsibility to keep the access codes to the Service (login and password) confidential and to inform Us of any abuse in this respect. Any transmission of access to third parties without Our prior agreement is prohibited.
1.5 Access to Our Service is restricted to individuals using it for personal purposes. Any use for professional purposes is prohibited and will result in the immediate termination of Your subscription and, by the same token, the possibility of accessing and using Our Service, without prior warning and without any possible refund.
2.1 The price of the Service is as follows:
- Assistance+ Lite offer: - During the first 72 hours after registration, the Customer is entitled to test Our Service for an amount of 0.45€ (forty cents) ("Trial Period"); - At the end of these 72 hours, subject to cancellation within this period, a subscription is automatically taken out on a monthly basis for an amount of 47.90€ (forty-seven euros and ninety cents). Subject to cancellation, this subscription is automatically renewed from month to month and the card used is automatically debited.
- Assistance+ Premium offer: -Premium service by subscription for €69/month (sixty-nine euros). Subject to cancellation, this subscription is automatically renewed from month to month and the card used is automatically debited.
2.2 The above prices are inclusive of all taxes.
3. RIGHT OF WITHDRAWAL
3.1 After the Trial Period, You are entitled to withdraw from the Contract within 14 (fourteen) days of sending the Confirmation.
3.2 This withdrawal request can be made by sending us such a request by email. A confirmation of withdrawal will be communicated to You by email at the address You indicated to Us at the time of your registration.
3.3 Once You have exercised Your right to withdraw, You will be refunded the amount You have paid to Us within 5 (five) to 10 (ten) days of receipt of Your withdrawal request by an equivalent amount credited to the card You used to pay for the Service. This right to a refund is however conditional upon You not having used Our Service after the Trial Period; should You have used Our Service after the Trial Period, You understand that no refund will be made for the current month, in which case your right of withdrawal will be treated as a request for termination and will take effect at the end of the month concerned.
3.4 The right of withdrawal in this Article 3 does not apply if you are domiciled in Switzerland, in which case any such request will be treated as a request for cancellation without refund.
4. HOW THE SERVICE WORKS
4.1 Once you have concluded your subscription contract, all you have to do is indicate the manual you want and a member of our team will search for it. If the manual is found, it will be sent to you as soon as possible. However, it is possible that in rare cases the manual is not found. In any case, your subscription gives you full access to our database of manuals
4.2 You are entitled to send an unlimited number of Requests to Addressees of Your choice for as long as your Contract continues.
4.3 It is prohibited to:
- Sell, copy, rent, lease, loan, distribute, transfer or sublicense all or part of the content on the Site, Our Service, or use Our Service for business purposes;
- Attempt to gain unauthorised access to Our systems or those of Our subcontractors or engage in any activity that may disrupt, diminish the quality of or interfere with the performance or functionality of the Site and Our Service;
- Use the Site for improper purposes by deliberately introducing a virus or any other malicious program;
- Use our Service for spamming purposes;
- Denigrate Our activities or engage in any behaviour that may damage Our reputation, whether through Our Service or outside of it (for example on social networks).
5.1 Termination at the Customer's initiative. You are entitled to unsubscribe and terminate Your Contract at any time by simply clicking on the "Unsubscribe" link in the menu at the top or bottom of the website, it being specified that Your unsubscription will then take place either by the end of the Trial Period, or by the end of the current month in which Your request to unsubscribe occurred, in which case Your Account will be deactivated and access and use of Our Service will be ended. Subject to clause 3.3, no refund will be given.
5.2 Termination at the initiative of FLUID BODY LTD. We also have the right to terminate Your contract at the end of a month, in which case We will inform You by sending an email to the address You provided to Us at the time of Your registration. In the event of a breach of these Terms, in particular but not limited to section 4.3, We reserve the right to suspend Your Account for such period as may be necessary to carry out any necessary investigations and, where appropriate, to terminate Your Agreement with immediate effect; whether such suspension or termination is to be effected, You will be notified by prior notice given to the same email address.
5.3 Cancellation under this section does not entitle You to any refund, except in the event that such cancellation is equivalent to the exercise of a right of withdrawal by You within the meaning of Articles 3.1 and 3.3.
6. INTELLECTUAL PROPERTY
6.1 FLUID BODY LTD owns all intellectual property rights in our Website and its content, which rights also include related know-how.
6.2 By entering into the Agreement, We grant You the non-exclusive and non-transferable right to access and use our Services.
7. LIABILITY AND WARRANTY
7.1 FLUID BODY LTD shall be exempt from any liability resulting from the performance of the Contract between Us to the fullest extent permitted by applicable law.
7.2 Notwithstanding Article 7.1, FLUID BODY LTD will make reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week, but shall not be liable for any unavailability due to bugs, technical constraints and other maintenance operations, which shall not give rise to any right to reimbursement whatsoever.
7.3 The Website may contain links to other websites that are neither edited nor controlled by FLUID BODY LTD and for which we cannot be held responsible.
8.1 FORCE MAJEURE. The parties agree that, in the event that the performance of the Contract proves impossible due to a case of force majeure, i.e. an unforeseeable event beyond the control of either party, neither party may be held responsible for the non-performance, failures or delays in the performance of any of its obligations that may be due to the occurrence of the said case. The performance of the Contract and the resulting obligations, including payment, will thus be suspended for as long as the case of force majeure lasts, it being specified that the payment made for the current month during which the case of force majeure occurred will nevertheless be retained. Each party shall, however, be entitled to exercise the right of termination set out in Article 5.
8.2 NULLITY. In the event that any provision of these Terms is held to be invalid, such invalidity shall not affect the validity of the remaining Terms. The invalid provision shall be replaced and interpreted in such a way as to ensure its validity by a clause that is as close as possible in spirit to the invalid clause.
8.3 COMMUNICATION. Any communication to be addressed to FLUID BODY LTD shall be :
- By email to: firstname.lastname@example.org
- By phone at +33 9 71 03 01 46
- By post to: FLUID BODY LTD, Pennine House 28, Leman Street, E1 8ER London, United Kingdom.
8.4 APPLICABLE LAW AND JURISDICTION. The validity and performance of these Conditions and the Contract shall be governed by English law. Any dispute arising directly or indirectly from these Terms and Conditions and the Contract arising therefrom shall be submitted to the competent Court of the Customer's domicile where FLUID BODY LTD is the plaintiff, respectively to the Court of London where the Customer is the plaintiff.