Terms of service
Updated on: November 13, 2023
Preamble
The Niuulh's Workshop web platform (hereinafter “the Site” or “the Platform”), accessible at the address www.niuulh.com is published by the company Lunyka (hereinafter “the Publisher”), SARL with a capital of 3000.00 €, registered in the Trade and Companies Register of Châlons-en-Champagne under the number 980 756 738, whose head office is located at 9 rue Géo Lefèvre, Sompuis 51320, France. Persons accessing the Niuulh's Workshop site in a personal capacity or on behalf of a legal entity will be referred to as “the User(s)”.
The Niuulh’s Workshop Site is hosted by OVH SAS, whose head office is located at 2 rue Kellermann, Roubaix 59100, France. This host can be contacted using the information provided on the platform accessible via the address www.ovhcloud.com.
The purpose of these General Conditions of Use - hereinafter referred to as “the Conditions” and, taken as a whole, “the Contract” or “the T&Cs” - is to define the terms and conditions governing relations between the Users and the Publisher. In the event of non-compliance with the terms of these Conditions, the Publisher reserves the right to take any measure likely to preserve its interests and in particular to ensure their execution.
The User undertakes during each of his visits to the Platform to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he is nevertheless personally bound by this Agreement.
Article 1: Purpose of the site
The Site allows the User to access the following services in particular: Custom manufacturing of cooling systems for computers and various objects - hereinafter referred to as “the Service(s)”.
The Publisher, under these Conditions, grants Users a revocable, non-exclusive, non-transferable limited right of access to the Services on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.
Article 2: Access to the site
To be eligible for the Services, the User may be a natural or legal person. The Publisher reserves the right to suspend or refuse partial or total access to one or more Users of the Site.
Article 3: Site management
The Publisher implements the necessary technical solutions to allow continuous access to the site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time and without notice. Such an interruption may in particular be made necessary for reasons of maintenance of the site or its content, or for any other reason deemed necessary for the proper functioning of the site by the Publisher.
The Platform is accessible at the address ‘https://www.niuulh.com’ and its use requires a connection and an internet browser. In order to guarantee proper functioning of the Site, it is specified that it is optimized for screens with Full HD definition and for recent versions of browsers (Chrome, Edge, Opera, Firefox and Safari).
All hardware and software necessary for access to the Platform and use of the Services remain exclusively the responsibility of the User.
Article 4: Reporting
The User has the possibility of contacting the Publisher in order to report any illicit or manifestly inappropriate behavior or content. Such a report may be made by email to the address:
webmaster@niuulh.comArticle 5: Use of platform services
5.I: User obligations
Users are prohibited from:
- to transmit, publish, distribute, record or destroy any material, in particular the contents of the Platform, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information ;
- to disseminate data, information, or content of a defamatory, insulting, obscene, offensive, violent or inciting violence nature, or of a political, racist or xenophobic nature and in general any content that is contrary to laws and regulations in force or in good morals;
- to reference or create links to any content or information available from the Niuulh's Workshop Site, except with the express, prior and written consent of the Publisher;
- to use information, content or any data present on the Site in order to offer a service considered competitive to Niuulh's Workshop;
- to sell, exchange or monetize information, content or data present on the platform or the Services offered by the Platform, without the express written consent of the Publisher;
- to reverse engineer, decompile, disassemble, decipher or attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;
- to use software or manual or automated devices, coding robots or other means to access, explore, extract or index any page of the Site;
- endanger or attempt to endanger the digital security of the Niuulh's Workshop Site. This includes attempts to monitor, scan or test the vulnerability of the system or network or to violate security or authentication measures without express prior authorization;
- to counterfeit or use the products, logos, brands or any other element protected by the intellectual property rights of the Publisher;
- to simulate the appearance or functioning of the Site, for example by carrying out a mirror effect;
- to disrupt or disrupt, directly or indirectly, the Niuulh's Workshop Platform, or to impose a disproportionate load on the infrastructure of the Site, or to attempt to transmit or activate computer viruses via or on the Site.
Please note that violations of system or network security may lead to civil and criminal prosecution. The Publisher verifies the absence of such a violation and may call on the judicial authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Site fairly, in accordance with its purpose and the legal and regulatory provisions, these Conditions and current practices.
5.II: User customer accounts
The Publisher reserves certain Niuulh's Workshop services for users who have registered on the site, this particularly concerns paid services. When registering, the User undertakes to provide valid and sincere information. He undertakes in particular to provide the Publisher with an email address so that the latter can communicate information to him.
Any information communicated by email from the Publisher to the User will be deemed to have been read by the latter.
Any user regularly registered on the Site may request the deletion of their customer account, the Publisher undertakes to delete customer accounts for which it has received such a request.
Article 6: Intellectual property
All Site content, including designs, text, graphics, images, videos, information, logos, icon-buttons, software, audio files and others belongs to the Publisher, which is the sole owner of the full intellectual property rights relating thereto.
Any representation and/or reproduction and/or partial or total exploitation of the content and Services offered by the Niuulh's Workshop Platform, by any process whatsoever, without the prior written authorization of the Publisher, is strictly prohibited and could give rise to legal proceedings.
Article 7: Personal data
All personal data available to the Publisher is collected legally and fairly in accordance with the terms of the confidentiality policy detailed in article 11 of the general conditions of sale.
This data is provided by Users who voluntarily and expressly accept these Conditions authorizing the Publisher to process, disclose or transfer this data to any third party in order to:
- to allow the User to take full advantage of the Services and functions offered by the Site;
- to prevent any fraud;
- to conduct statistical analyses.
In order to facilitate the use of the Site and to personalize the User's experience of the Site, the Publisher uses cookies and log files. The use of cookies can be disabled by changing your internet browser settings.
Personal data is stored by the Publisher for processing in the context of the use of the Services. They are kept as long as necessary for the provision of the Services and functions offered by the Site.
The User always remains the owner of the information concerning him that he transmits to the Publisher. He has, in accordance with Law No. 78-17 of January 6, 1978 according to its version consolidated on March 24, 2020, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of this data to third parties for valid reasons.
The User may exercise his rights by writing to the Data Protection Officer using the following contact details:
9 rue Geo Lefèvre, SOMPUIS 51320, France – gdpr@niuulh.comA response to the User's request will be sent to him within 30 days.
Article 8: Liability
It is recalled that the data published by Users and the information shared by them may be captured and used by other Users or third parties. In this sense, the Publisher does not guarantee respect for the ownership of this data; it is the responsibility of the User to take all necessary measures to ensure that the ownership of their data is preserved.
The Publisher does not guarantee the uninterrupted or error-free operation of the Services, in particular, the Publisher cannot be held liable in the event of interruption of access to the Platform due to operations maintenance, updates or technical improvements.
In any event, the Publisher cannot under any circumstances be liable for indirect or unforeseeable losses or damages of the User or any third party, which includes in particular any missed profits, any unfortunate investments, inaccuracies or corruption of files or data, image or commercial damage, loss of turnover or profit, loss of customers or loss of opportunity linked to any reason and on any basis whatsoever.
In addition, the Publisher cannot be held responsible for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.
Article 9: Convention of evidence
The computer systems and files are authoritative in the relationship between the Publisher and the User.
Thus, the Publisher may validly produce in the context of any procedure, for the purposes of proof, data, files, programs, recordings or other elements, received, transmitted or preserved by means of the computer systems operated, on all digital media or analog, and rely on it except manifest error.
Article 10: Indivisibility
The fact that any provision of the Contract is or becomes illegal or inapplicable will in no way affect the validity or applicability of the other provisions of the Contract.
Article 11: Settlement of disputes
The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the country of origin of the User or the country from which the User accesses the Niuulh's Workshop Platform and notwithstanding principles of conflict of laws.
In the event that a dispute arises regarding the validity, execution or interpretation of this Contract and is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which it is expressly confers jurisdiction, even in the event of summary proceedings or multiple defendants.
The User is informed that he can in any case resort to conventional mediation or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.
Article 12: Duration of the General Conditions of Use
These general conditions of use are concluded for an indefinite period, the User is required to respect them from the start of their use of the Services.
The Publisher reserves the right to modify this document at any time and without notice. Users will be informed of each update of the document.