Terms

Welcome to our website, which provides maps to help users locate the best biotopes for edible mushrooms. By using our site, you agree to be bound by the following terms and conditions ("Terms"). Please read them carefully before using the site.

1. LEGAL INFORMATION AND SCOPE

1.1. LEGAL INFORMATION

The website "MushroomStalkers.com" (hereinafter the "Site", "we" or "us"), is accessible at: https://www.mushroomstalkers.com. You may contact us by email at [email protected].

1.2. SCOPE

These terms and conditions of use and sale (the "Terms") apply to any visitor ("you" or "user") of the Site. They define the terms for accessing the Site and the services available on the Site, as well as its terms of use. Any access and/or use of the Site implies the acceptance and compliance with all the Terms. Please read the Terms carefully before using the Site or its services. If you do not agree to any of the provisions of these Terms, please refrain from using the Site. Certain services on the Site may require you to accept additional terms.

1.3. CHANGES TO TERMS

We reserve the right to modify these Terms at any time, and your continued use of the Site following any such modifications shall be deemed as your acceptance of the modified Terms.

If you have any questions regarding these Terms or our Site, please contact us at [email protected].

2. ACCESS AND USE

2.1. CREATING AN ACCOUNT

In order to access the Site services and register for the corresponding subscriptions (as described below), you must first create an account on the Site. You can do so by completing the registration form, providing the requested information in the designated fields. This includes a valid email address, choosing a password, and confirming your registration.

For subsequent visits, you can access the services by entering your registered email address and password.

In case you forget your password, there is a feature on the Site to reset it.

Please note that each user is allowed to create only one account. If your account is disabled, you may not attempt to create another one without our permission.

2.2. LOGIN AND PASSWORD

The username and password you select when creating your account are considered personal and confidential. It is your responsibility to keep them secure and not disclose them to anyone in any form. You are solely responsible for storing, using, and transmitting your login information. We strongly advise against using the auto-save feature for your login details due to its lack of security.

If someone uses your username and password, it will be considered authorized use by you. We cannot be held liable for any damages or consequences resulting from unauthorized or abusive use of your login information by a third party not expressly authorized by you, caused by your fault or negligence. If your username and password are stolen or misused, you must immediately notify us by registered letter with acknowledgment of receipt.

If you are unable to access your account due to incorrect login credentials, please inform us promptly by phone or email. You are not permitted to transfer your account to anyone else without obtaining our written permission. Additionally, impersonating others or attempting to impersonate others is strictly prohibited.

2.3. SERVICES

By creating an account on MushroomStalkers.com and purchasing access to our online mushroom maps, you become a member of our site, granting you access to exclusive features and functions not available to non-members. By creating an account, you agree to receive occasional special offers, marketing communications, communications related to your user lifecycle, and technical or quality of service messages from our platform. You can easily unsubscribe from these emails by following the opt-out instructions included in the emails.

Access to our services, including memberships and subscriptions, is non-transferable and cannot be sold, exchanged, or transferred in any way.

Our services offer three types of access to our mushroom maps, each providing access to a map of a specific geographic area chosen at the time of purchase or activation of a gift card:

1. Single Payment Access: This grants one-year access to one of our maps, including "Boletes & Chanterelles," "Morel Mushrooms," or "Other Edibles."
2. Subscription Access: This grants access with a one-month payment followed by recurring monthly payments. Users can continue accessing their "Passion subscription" map as long as they remain subscribed and pay the monthly fees. Access to the map will be revoked if the subscription is canceled or the monthly fee is not paid.
3. Gift Card Access: This grants one-year access to one of our maps. The gift card can be activated within one year of purchase and becomes active for the chosen area upon activation. The card cannot be transferred, transmitted, or exchanged for any other product or service.

To access our mushroom maps or purchase a gift card, users must select the desired product, fill in the required fields in the form accessible on the Site, accept these Terms, and confirm the order by clicking the "Pay" or "Subscribe" button. Users will receive an order confirmation by email.

Our obligation to provide you with this premium service (excluding the gift card) begins only after we have received confirmation of payment for your order.

Prices listed in us dollars include VAT, unless otherwise indicated.

If there are any changes in subscription fees, taxes, or the addition of new subscriptions, fees, and taxes related to our services, users who have already subscribed will not be affected by these changes and will not receive any emails or notifications regarding the changes.

3. Payment

3.1. Payment Methods

The Site accepts payments through the Stripe platform. We do not store any payment information on our website or in our databases, and all payment-related elements have been entrusted to Stripe. By using our services, you agree to be bound by the terms and conditions of Stripe's payment processing service.

3.2. Payment Terms

Subscription Access: Monthly subscriptions are payable by recurring monthly direct debit on the chosen method of payment. The first payment will be made in advance upon subscribing to the subscription, and subsequent payments will be made each month by direct debit on the provided method of payment until the subscription is terminated, whether it is initiated by you or by us.

Gift Card Access and Single Payment Access: In the case of a single purchase without a subscription, the buyer agrees to pay the full amount when placing the order.

Please note that no partial refund, corresponding to a portion of the period, will be accepted in the event of unilateral termination during the period.

3.3. Collection Authorisation

For the subscription access, excluding the gift card and single payment access, you authorize the payment provider concerned, on behalf of the Site, to debit the same payment method used for the initial subscription for subsequent subscription renewals. In the case of automatic renewal, the current rate applicable at the renewal date for the relevant subscription will be fully applicable. It is your responsibility to promptly notify us of any changes to the payment method you have provided, as failure to do so will result in the suspension of all subscriptions. You are responsible for any applicable fees, including taxes, associated with the subscriptions you have purchased. In the event that we are unable to collect the amount of your subscription at the agreed deadline, you are still responsible for any outstanding payments, and we reserve all rights and actions in this regard.

4. Complaints, Cancellation and Right of Withdrawal

4.1. Complaints

You may send your complaints by email to: [email protected]

4.2. Termination on your part

You may terminate your subscription at any time by accessing your account configuration on the Site. The termination will be effective at the end of the monthly period, in progress.

4.3. Termination by us

We reserve the right to suspend or terminate your use of our services without prior notice or recourse to the Courts in the event of fraud or breach of any obligations under these Terms. This includes, but is not limited to, the failure to collect the agreed-upon subscription amount, unauthorized copying or downloading of our data from the Site, or any violation of the limited-use license granted to you as part of your access to our services.

4.4. Right to retract

As a provider of digital services, we do not offer refunds or the right to retract for purchases already made. By placing an order, you acknowledge and agree that all sales are final and that you will not be able to cancel your purchase or receive a refund.

5. Intellectual Property and Use License

5.1 Intellectual Property

The entire Site and its services, including their structure, tree structure, graphics, object or source codes, and their content (such as text, graphics, images, photographs, videos, information, logos, button icons, software, audio files, and others, databases), are the property of the rightful owners and are protected by intellectual property laws, including copyright and trademark laws.

All rights to the Site that have not been expressly granted to you under these Terms are reserved. Therefore, you are prohibited from using the Site for purposes other than those described below, unless you have obtained express prior agreement.

5.2. Use License

Subject to compliance with these Terms, you are authorized to access and use the Site and its applicable services, and, where applicable, download its content, exclusively for personal purposes. The license granted to you is strictly personal, non-exclusive, limited, and revocable in the event of non-compliance with these Terms. It is important to note that your use of the Site and Services does not imply any assignment of intellectual property rights.

Any professional or commercial use of the Site and services is strictly prohibited. You are not permitted to download or copy any data accessible from the Site and services that has not been explicitly indicated as downloadable.

Except as specified below, you are strictly prohibited from engaging in or assisting a third party in any of the following activities:

• Copying, storing, reproducing, transmitting, modifying, altering, disassembling, imitating, decompiling, or reverse-engineering the Site, including its services and content, in any way, or creating derivative works from them.
• Using all or part of the Site, services, or their content to create a tool or software that can be used to create software applications of any kind.
• Making available to the public, for free or for a fee, all or part of the Site, the services, or their content, through sale, rental, loan, distribution, reproduction, or any other means.
• Altering all or part of the Website, services, or their content, or circumventing any technology used by the rightful owners or licensors to protect the content accessible through the Site and its services.
• Bypassing security measures of the Site to access unauthorized functionality or to gain unauthorized access to the Site.
• Bypassing territorial restrictions applied to the Site and services.
• Using the Services in a manner that violates this License Agreement or other Terms.

Please note that this list is not exhaustive, and any other unauthorized use or activity that violates these Terms is also strictly prohibited.

6. Prohibited Uses of the Website and Services

6.1. Breaching the integrity, security and operation of the Site and services

You are prohibited from uploading, posting, emailing, transmitting, or introducing any material or file containing computer viruses or any other computer code, files, or programs that are designed to interrupt, damage, destroy, or limit the functionality of any software, computer equipment, or equipment related to the services provided. You agree not to interfere with the servers or networks associated with the platform or to violate the procedures, policies, or regulations of the connected networks.

You are not allowed to probe, scan, or test the vulnerability of the Site, or violate its security or authentication measures. Attempting to trace or retrieve information about other users, visitors, or members of the Site is strictly prohibited.

Interfering or attempting to interfere with the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or "mail bombing" the services is not permitted.

Engaging in actions that impose an unreasonable or disproportionate burden on the infrastructure of the Site, systems, or networks, or that may disrupt the proper functioning of the Site, apps, or transactions is prohibited.

Using any automated device, program, algorithm, or methodology, or any similar manual process, to access, acquire, copy, or monitor any part of the Site is strictly prohibited. You may not attempt to reproduce or bypass the navigation structure or layout of the websites, applications, or any content to obtain material, documents, or information through unauthorized means.

Accessing or attempting to access any server or services offered on or through the Site by hacking, "password mining," or using other illegitimate means is also prohibited.

6.2. Prohibited Uses of the Site and Related Services

By using our website and services, you agree not to use the information and data obtained from our services for any illegal, unauthorized, or unethical purposes. You also agree not to engage in any activities that may harm our website or services or interfere with the use and enjoyment of our services by others. Specifically, you agree to the following:

1. Respect intellectual property rights: You will not infringe on the intellectual property rights of others or violate any laws or regulations governing such rights.
2. Respect private property: You will not trespass on or attempt to gain access to any private property where you do not have the right or permission to be. You acknowledge that we do not provide complete and accurate information regarding private property locations, and it is your responsibility to obtain the necessary permissions for accessing private property.
3. Exercise caution with mushroom consumption: We are not responsible for any harm caused by consuming poisonous or deadly mushrooms found through our services. It is your responsibility to confirm their edibility and ensure their safety before consumption.

You acknowledge and agree that any misuse of the information and data provided by our services or any violation of the terms of this agreement may result in termination of your account and/or legal action. We reserve the right to investigate any suspected violations and take appropriate actions as necessary.

7. Service Availability

While we strive to provide you with reliable and uninterrupted services, we cannot guarantee that our services will always be available or meet your specific needs and expectations. We acknowledge that there may be occasional disruptions, errors, or maintenance requirements that could impact the availability and functionality of our services.

If you encounter any errors or issues with our services, please report them to [email protected]. We will make reasonable efforts to rectify the problem within a reasonable timeframe. In some cases, it may be necessary for us to temporarily suspend access to the services while we address the issue. We will not be held liable for any unavailability of the services during such periods.

Please note that there may be occasions where access to the services is restricted to facilitate repairs, maintenance, or the introduction of new features or services. We will make reasonable efforts to minimize any disruption and restore the services as promptly as possible.

We appreciate your understanding and cooperation in such situations.

8. Disclaimer of Warranties and Limitation of Liability

Our services aim to assist users in their exploration and understanding of nature, specifically in the context of mushroom foraging. While our mapping service can enhance your mushroom hunting experience, it is important to note that we do not guarantee specific outcomes or results. We provide information and resources to help users familiarize themselves with local biotopes and gain knowledge about the natural environment.

By using our services, you acknowledge and accept that we cannot guarantee success or specific findings in your mushroom foraging activities. Our role is to provide information and tools to facilitate your exploration, but the actual outcome depends on various factors beyond our control, such as environmental conditions, seasonal variations, and individual expertise.

9. General provisions

9.1. Transfer

The rights and obligations under these Terms may be transferred by the party involved to any company, firm, or individual at any time, provided that such transfer does not significantly affect your rights. Without the prior written consent of the party involved, you are not allowed to transfer your rights or obligations under these Terms to any other person or entity.

9.2. Guarantee and indemnities

You agree to defend, indemnify, and hold harmless the relevant party and its directors, officers, members, investors, employees, and agents from any claim, liability, costs, and expenses, including reasonable attorney fees, arising from your use of the services, your publication or transmission of any messages, content, information, software, or other communications through the services, or your violation of the law or these terms. The relevant party reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of the relevant party in asserting any available defenses.

9.3. No waiver

If we delay the exercise or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of such right or other rights under these terms.

9.4. Force majeure

We will not be liable to you for any lack of performance, unavailability or failure of services, or for any failure or delay on our part to comply with these conditions, in the event that this lack of performance, downtime or failure is due to a cause beyond our reasonable control.

9.5. Interpretation

In these Conditions, unless the context otherwise requires: (i) a phrase introduced by the words "including", "includes", "in particular", "for example" or any similar expression shall be construed as an illustration only and should not be interpreted as limiting the generality of all the preceding words; and (ii) the singular references include the plural and the masculine includes the feminine, and in each case vice versa.

9.6. Written communications

Applicable laws require that some of the information or communications we send you be in writing. When you use the Site and its services, you agree that communications with us are primarily electronic. We will contact you by e-mail or provide you with information by posting on the Site notices on services. You agree to these means of electronic communications and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically have the same value as written communications.

9.7. Proof / Archiving Evidence

Computer data generated as a result of access and / or use of the Site (including, in particular, programs, connection data, files, records, operations and other items on computer or electronic media) (the "Data ") are likely to be kept and archived, within the limits provided for by law, by us within our computer system, under conditions that guarantee its integrity.
The Data is authentic between you and us, and will be considered as evidence of communications between you and us.
The Data constitutes literal proof within the meaning of Article 1341 of the Civil Code and has the same probative force as a document that would be drawn up, received or kept in writing in paper form.
Therefore, the Data may be validly produced as evidence and may be used against you in any claim or legal action with the same probative force as any document that would be drawn up, received or kept in writing in paper form, which you expressly recognise.
We undertake not to contest the admissibility, opposability or probative value of the Data due to their electronic nature. You agree as well.
You can have access to all Data on simple request addressed to us by simple mail or by e-mail.

9.8. Divisibility

If a court or a competent authority decides that any provision of these Terms is invalid, illegal or unenforceable to a certain extent, the provision will, to that extent only, be separate from other provisions, which will continue to be valid to the fullest extent permitted by law.

9.9 Entire Agreement

These Terms, as well as any additional terms and any other document expressly named in these terms represent the entire agreement between us and supersede all prior discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us regarding the subject of these terms. We acknowledge that none of us relies on, a statement or warranty (whether made involuntarily or by negligence) that do not appear in these terms or the documents to which they refer Each of us agrees that our sole remedy with respect to such representations and warranties as set forth in this Agreement (if done unintentionally or negligently) will be breach of contract. Nothing in this section limits or excludes liability for fraud or theft.

9.10. Applicable Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in a court of competent jurisdiction in Paris, France, and you hereby consent to the jurisdiction of such courts.

These Terms take effect from their last update on 16/01/2023.