This page is an automatic translation of the spanish version. Therefore, it may contain errors. In case of doubt or discrepancy, please refer to the spanish version, as it is the authentic one and the only one to which we adhere.
1. SELLER’S COMPANY DETAILS
This Platform has been created by ORANGOTALIA, S.L.U. and Alex Rivas. The download, installation, access and/or use of the Platform implies full and unreserved acceptance of the terms and conditions described herein.
As stated in the “Legal Notice” of this website, the owners of the Platform, and service providers, are the entity ORANGOTALIA, S.L.U., a company of Andorran nationality, residing at Calle Esteve Albert, Roureda building, Block A, 1 floor 2 door, (AD500) Andorra la Vella, Principality of Andorra, with tax identification code of its nationality NRT L-717118-P; and email address [email protected], and Alex Rivas, a Mexican living in Spain. Hereinafter, the term “the OWNERS” shall refer to the association between ORANGOTALIA, S.L.U. and Alex Rivas, as partners and owners of OrangoGPL.
This document and any other policy applicable to the contracting of the services of the OWNERS (collectively, the “Terms and Conditions”) constitute the legally binding contract between the Client and the OWNERS regulating the provision of the Services and the responsibilities arising therefrom (the “Contract”).
The Client accepts that the OWNERS may modify, suspend or withdraw the tools, applications and functionalities of the Platform, without affecting its main functionalities.
The completion and activation of any of the purchase, registration and/or subscription forms will imply, on your part, the unreserved acceptance of each and every one of the rules included in these Terms and Conditions and the acquisition of the consideration of “Customer” of the Platform. Consequently, the Client must read carefully and know the contents of these Terms and Conditions.
3. DEFINITION AND PURPOSE OF THE CONTRACT
The contract entered into between the Client and the OWNERS falls within the category of distance contracts referred to in Law 20/2014, of 16 October, regulating electronic contracting and operators who carry out their economic activity in the digital space.
A distance contract is defined as any contract concluded between the professional (the OWNERS as legal entities acting on behalf of their commercial activity) and/or the consumer (Client and Customer of the service) within the framework of an organized distance sale, or the provision of services without the physical and simultaneous presence of the professional and the consumer; and this through the exclusive use of one or more means of distance communication (e.g. via Internet, telephone, fax, mail, etc.) until the conclusion of the contract, including the conclusion of the contract itself.
4. CHARACTERISTICS OF THE SERVICES OFFERED
Characteristics of OrangoGPL Basic Services:
After registering to the Platform as a Client, the consumer will receive the products or services listed below:
In the case of having made a purchase:
- Access to the download of the purchased product.
- Access to updates for that product for one year.
Access to any Extra that has been purchased together with the product, under the specific conditions of such Extra (see “Features of the Extra Services”).
If you have purchased the “Basic Plan”:
- Access to the entire product catalog completely free of charge, with a limitation of 10 downloads per day.
- Access to all product updates for as long as the subscription remains active.
- Access to any Extra that you purchase together with the download of any product, under the specific conditions of such Extra (see “Extra Services Features”).
If you have purchased the “Premium Plan”:
- Access to the entire product catalog completely free of charge, with a limitation of 20 downloads per day.
- Access to all product updates for as long as the subscription remains active.
- Discounts on the different Extras offered with product downloads.
- Access to any Extra you purchase together with the download of any product, under the specific conditions of such Extra (see “Extra Services Features”).
- Access to EasyGPL, a plugin developed by the OWNERS for the use and enjoyment of Premium Plan members.
Features of OrangoGPL’s Extra Services:
In addition to the services described above, OrangoGPL also offers some other less common services, called “Extra Services”. These Extra Services are Premium Support, Installation and Configuration and/or Annual Auto-Upgrades.
In addition to the services described above, OrangoGPL also offers some less common services, called “Extra Services”. These Extra Services are Premium Support, Installation and Configuration and/or Annual Auto-Upgrades.
In the event that the Customer has requested any of the Extra Services (Premium Support, Installation and Configuration and/or Annual Auto-Upgrades), they will be provided under the following conditions:
- Premium Support: The Premium Support service is a technical Customer Support service for one year (renewable). The OWNERS only undertake to resolve questions and possible problems that arise in relation to the OWN product associated with the service (i.e. the main product downloaded or purchased to which the “Premium Support” was added). In good faith, the OWNERS will try to solve problems of incompatibilities that the purchased/downloaded product has in relation to other products used by the Customer, but in no case this will be an obligation. Also, in the event that the OWNERS are unable to provide a satisfactory response to the problem presented by the Customer, the refund of the payment made by the Customer for Premium Support will completely extinguish any liability on the part of the OWNERS. In good faith and through these Terms of Purchase, the OWNERS remind the Customer that it is a good practice to have daily backups of their website and that it is the Customer’s responsibility to have such backups. In view of the foregoing, the permanent loss of data or configurations on the Client’s website or platform can IN NO EVENT be attributed to the OWNERS, who are exempted from any liability in this regard.
- Installation and Configuration: The Installation and Configuration Service is a service whereby the OWNERS undertake to perform to the Customer the installation and configuration of the product associated with the service (i.e. the product that he/she has purchased or downloaded and in which he/she has requested this Extra Service). To do so, the Client must provide the access keys that the OWNERS request, in order to be able to carry out such work. The terms of this service are: Firstly, once the keys have been received by the Client, an initial Installation and Configuration will be carried out. The Client will be presented with the result and will be given one week to review it. If after this week the OWNERS do not receive a response or receive the Client’s approval, the service will be considered as satisfactorily concluded. In the event that the Client responds without approving the result, the Client will be asked for useful information to correct the configuration and the pertinent changes will be made. After this last correction, the Client will be notified of the correction and the service will be terminated.In good faith, the OWNERS will attempt to resolve any incompatibility issues with the purchased/downloaded product in relation to other products used by the Customer that are detected during the Installation and Setup, but in no event shall this constitute an obligation. Furthermore, in the event that the OWNERS are unable to provide Installation and Configuration in the time and manner agreed with the Customer, the refund of the payment made by the Customer for Installation and Configuration shall completely extinguish any liability on the part of the OWNERS. In good faith and through these Conditions of Purchase, the OWNERS remind the Client that it is a good practice to have daily backups of its website and that it is the Client’s responsibility to have such backups. In view of the foregoing, the permanent loss of data or configurations on the Client’s website or platform can IN NO EVENT be attributed to the OWNERS, who are exempt from any liability in this regard, even when this is the result of any action taken by the OWNERS or any of their collaborators on the Client’s website.
- Annual Auto-Updates: The Annual Auto-Update Service is a service that can be contracted at the time of purchasing a product or downloading it from the Basic Plan. This service consists of access to the OrangoGPL EasyGPL Plugin to enjoy automatic updates from the WordPress panel for the product that the Customer has purchased (and only for that one). It is convenient to remember that Premium Plan members have this service at no additional cost and for any product downloaded from OrangoGPL.
By the purchase or subscription, which has to be complete in all its parts and contain the essential elements for the exact identification of the product ordered, the Customer declares:
- be a consumer in accordance with the provisions of Article 2 of Law 13/2013, of June 13, 2013, on effective competition and consumer protection.
- be of legal age according to the legislation of their country of citizenship;
- that the data provided for the execution of the subscription are correct and truthful;
- to have seen and fully accepted these general terms and conditions of contract, indicated on the registration page.
These general conditions are an integral part of any proposal, purchase order and confirmation of purchase order of the products marketed by the OWNERS in force on the date of the order.
5. INTELLECTUAL PROPERTY
The OWNERS have acquired the necessary licenses, permissions and authorizations with respect to all intellectual and/or industrial property rights with respect to the Platform.
All OrangoGPL products are licensed under the GPL, which allows (both OWNERS and Customers) to modify, copy, reproduce, publicly communicate, transform or distribute them in any way for public or commercial purposes, even without the prior, express written permission of both the original developers and the OWNERS of OrangoGPL.
On the other hand, all distinctive signs, trademarks, trade names or signs of any kind that refer to OrangoGPL, Orangotalia SLU, Joseo20 or Alex Rivas or any other project linked to the OWNERS, are the property of their respective owners, are copyrighted and protected by law. This does not apply to products distributed from OrangoGPL and licensed under the GPL (in general, downloads available through OrangoGPL).
6. PLATFORM CONTENT AND LINKS
The OWNERS are not responsible for the misuse of the contents or products of this Platform; the responsibility is the sole responsibility of the person who accesses or uses them. The OWNERS assume no responsibility for the misuse of products, plugins, themes or scripts, nor for the recommendations, advice, suggestions, warnings, opinions or observations that the OWNERS team makes available in the provision of our Services.
Nor do they assume any responsibility for the information contained in the web pages of third parties that may be accessed by links. The presence of these links has an informative purpose, and does not constitute in any case an invitation to contract products or services that could be offered in the destination link. In the event that the OWNERS have actual knowledge that the activity or information referred to from these links is unlawful, criminal or may damage property or rights of third parties liable for compensation, will act with due diligence to remove or disable the corresponding link as soon as possible.
7. RULES OF CONDUCT
In any case, access, navigation and use of the Platform and, where appropriate, the use of the Services that are offered through the same is done under the sole and exclusive responsibility of the Client, so it undertakes to diligently and faithfully observe any additional instructions, given by the OWNERS or authorized personnel of the OWNERS, regarding the use of the Platform and its Services.
- Therefore, the Client undertakes to use the downloads, content, products and Services in a diligent, correct and lawful manner, in accordance with the legislation in force and, in particular, undertakes to refrain from:
Use the Platform and its functionalities for any purpose not expressly contemplated in these Terms and Conditions.
- Violate or circumvent any applicable laws or regulations, contracts with third parties, third party rights or the Terms and Conditions.
- Automate the downloading of OrangoGPL products.
- Misuse or abuse the Platform or its tools, applications or functionalities.
- Use, display, mirror or frame the Platform or any individual element of the Platform, the OWNERS’ name, any of the OWNERS’ trademarks, logos or other proprietary information, or the design and layout of any page or form contained on a page of the Platform, without the express written consent of the OWNERS.
Damage OWNERS’ trademarks in any way, including, without limitation, unauthorized use of content, registration or use of OWNERS or derivative terms in domain names, trade names, trademarks or other source identifiers, or registration or use of domain names, trade names, trademarks or other source identifiers that closely mimic or are so similar to domains, trademarks, slogans, promotional campaigns of OWNERS, or are so confusingly similar to such domains, trademarks, slogans, promotional campaigns of OWNERS.
Use robots, web crawlers, web spiders, web worms, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose.
Bypass, bypass, circumvent, remove, disable, disable, impede, decrypt or otherwise attempt to circumvent a technological measure put in place by the OWNERS or any of the OWNERS’ suppliers or other third parties to protect the Platform.
Attempt to decrypt, decompile or disassemble software used to provide the Platform or apply reverse engineering techniques to it.
Take any action that impairs or adversely affects, or may impair or adversely affect, the performance or proper operation of the Platform.
Customer agrees to hold OWNERS and any of its affiliates, branches, officers, directors, employees and agents harmless from and against any claims, liabilities, costs and expenses, including attorneys’ fees arising in any way from the use of the Platform, the posting or transmission of any message, content, information, software or other materials through the Platform or for violation of law or the terms and conditions contained in these Terms and Conditions.
8. PRICES OF GOODS AND METHODS OF PAYMENT
All prices of the OWNERS’ products are expressed in Euros and include IGI. They do not include taxes, duties and taxes applicable to the country of destination of the products and / or services, when this is different from Andorra, which shall be borne by the Customer.
The Customer can pay the subscription on the Platform through the allowed payment methods, which will be shown in the checkout process:
The Client may contact the OWNERS through the contact form to request other payment methods, without this being a guarantee that the OWNERS will be able to offer them.
Upon payment of an individual purchase, the user will have instant access to the products purchased, as well as to their extras.
Upon payment of a membership (Basic or Premium), the user will have instant access to all the products available in the OrangoGPL catalog (with a limitation of 10 or 20 downloads per day, respectively). He/she will also have instant and immediate access to the benefits and advantages that each membership level grants.
The price of the Platform Services are as follows:
- Individual Purchase: 4.99€/product.
- Premium Support Service: 49€ per year and product.
- Installation and Configuration Service: 19€.
- Basic Plan: €4.99/month.
- Premium Plan: 14,99€/month
The discounts obtained for the Premium Support Service and the Installation and Configuration Service through the Premium Plan will be 10%, leaving the final price of each service at 44.1€ and 17.1€.
The OWNERS reserve the right to modify the price of the Products, at any time, without prior notice, it being understood that the price charged to the Client will be the one indicated in these Purchase Conditions.
Likewise, the OWNERS reserve the right to apply discounts or offers on the base prices stipulated in these Terms and Conditions, as well as to vary the existing discounts and offers. They also reserve the right to vary the rights, advantages and benefits obtained with each purchase and/or subscription.
9. TERM OF THE CONTRACT AND CANCELLATION OF THE SUBSCRIPTION
This Agreement shall remain in force for the duration of the subscription period of the OWNERS’ Services that the Customer has contracted.
The OWNERS reserve the right to refuse, withdraw, suspend and/or block access to the Platform and/or any Services to those Clients who breach these Terms and Conditions. To the maximum extent permitted by applicable law, will not assume any liability to the Client for the cancellation of access to the Platform for the causes provided in this paragraph.
Upon termination of your subscription, you are not entitled to have your account reinstated or to access any information linked to your account.
If your access to or use of the Platform has been limited or if your account has been suspended or we have terminated this Agreement, Customer may not register a new account or access or use the Platform through another Customer’s account.
The OWNERS shall have no obligation to retain any account content that is subject to termination.
10. RIGHT OF WITHDRAWAL AND REFUND
By contracting the services offered on the Platform and accepting these Terms and Conditions of Contract, the Customer understands and accepts the loss of the right of withdrawal on all those products that are delivered automatically and immediately once the transaction is made by the Customer.
In the case of those products paid for by the Client that are delivered periodically over time, the Client accepts and understands that only the proportional value of the products that have not been received by the Client at the time that the Client expresses its desire not to receive more products will be refunded; and that, therefore, it will not receive, under any circumstances, the total value of the amount paid in the event that products or services have been delivered by the OWNERS.
11. EXCLUSIONS OF WARRANTIES AND LIABILITY
The Platform and the Services are provided “as is”, without warranty of any kind, either express or implied. Consequently, to the fullest extent permitted by applicable law, the OWNERS do not warrant and shall not be liable for:
- the absence of errors or that any errors will be corrected;
- the absence of viruses and other harmful components on the Platform:
- the invulnerability of the Platform and/or the impregnability of the security measures adopted therein;
- where appropriate, the lack of utility or performance of the Platform Services;
- any other damage that may be caused by reasons inherent in the non-functioning or malfunctioning of the Platform or websites to which, if any, have been able to establish links.
To the maximum extent permitted by applicable law, the OWNERS assume no liability for any unavailability caused by circumstances beyond their control. Due to the nature of the Internet, the OWNERS cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. The OWNERS may restrict the availability of the Platform or certain areas or functions of the Platform if necessary due to capacity limits, the security or integrity of our servers, or to carry out maintenance measures to ensure the proper or improved operation of the Platform. The OWNERS may improve, reinforce and modify the Platform, as well as introduce new tools, applications or functionalities from time to time.
To the maximum extent permitted by applicable law, the OWNERS shall not assume any responsibility for any action or conduct of any Client, including the content that they may create, store, share or disclose through this, as well as with respect to the operations that they may perform using the tools, applications and functionalities in violation of applicable law or these Terms and Conditions.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event, including but not limited to negligence, shall the OWNERS or any of our subsidiaries, affiliates or any of our directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, consequential, exemplary or punitive damages arising out of or relating directly or indirectly to the use of or inability to use the Platform or the content, features, materials and functions related thereto.
The total liability of the OWNERS, affiliates, subsidiaries, branches, directors, officers, employees, agents or content or service providers to Customers for all damages, losses and actions, for use of the Platform shall be limited to and shall not exceed the amount, if any, paid by Customer to the OWNERS for the use of the Platform or the procurement of products or services through the Platform.
13. UPDATING AND MODIFICATION
The OWNERS reserve the right to update, modify or delete the information contained, as well as its configuration or presentation, at any time, when necessary for legal, business and/or technological reasons.
14. PROTECTION OF PERSONAL DATA
In accordance with the provisions of Law 29/2021, of 28 October, Qualified for the Protection of Personal Data (LQPD), as well as Decree 391/2022, of 28-9-2022, approving the Regulations for the application of Law 29/2021, of 28 October, Qualified for the Protection of Personal Data, we inform you that your personal data collected through the “Registration Form”, will be processed by the Data Controller:
Responsible for the treatment: ORANGOTALIA, S.L.U.
- NRT: L-717118-P
- Postal address: Esteve Albert Street, Ed. Roureda, Block A, 1 floor 2 door (AD500) Andorra la Vella, Principality of Andorra.
- Telephone number: (+376) 644 865
- E-mail address: [email protected]
Data Protection Delegate: CP COMPLIANCE I PRIVACITAT LEGAL, S.L.U.
Your data will be processed for the purpose of managing our business relationship; the uses of which will be: administrative management, billing, accounting, statistics, loyalty and satisfaction with our services. We may contact you by e-mail or telephone, based on the information you have provided.
The legitimate basis for the processing of your personal data is based on our contractual relationship for the provision of our services, and your express consent given through the acceptance of this clause.
The Responsible informs you that the processing of data does not involve automated decisions, or profiling for predictive purposes of personal preferences, behaviors or attitudes.
Your data will not be transferred to other national and/or international data controllers, except in those cases where there is a legal obligation to do so.
Your data will be kept for as long as our relationship is in force. After the maximum periods of conservation established by law, your data will be deleted.
You have the right not to give your consent to the processing of your personal data; but, in this case, the consequences of your refusal will imply the impossibility to provide you with our services.
In any case, you can exercise your rights of access, rectification, opposition, deletion, limitation, and portability, as well as your decision not to be subject to automated individual decisions, by contacting the Data Controller via email [email protected] or our Data Protection Officers at: [email protected].
Likewise, if you are unable to exercise your rights before the Data Controller, you have the right to address your complaint to the Andorran Data Protection Agency (APDA).
15. INDICATIONS ON TECHNICAL ASPECTS
To the maximum extent permitted by applicable law, the OWNERS assumes no liability that may arise from technical problems or errors in computer services that are not attributable to it, that occur during connection to the Internet or that may be caused by third parties through unlawful interference beyond its control.
The OWNERS does not guarantee the absence of viruses and other elements that may cause damage to computer systems, electronic documents or pages of third parties and, therefore, is not responsible for any damages that may occur for these reasons.
Nor does it assume any responsibility for possible damages that the Client may suffer as a result of errors, defects or omissions in the information provided when it comes from third party sources.
16. APPLICABLE LEGISLATION
For all matters not provided for, reference is made to the laws of the Principality of Andorra, and shall be subject to the jurisdiction of the Courts of the Principality.
Last update: 28 September 2023