Terms of Service

Article 1 – General provisions

 

1.1 These general terms and conditions of sale and use (hereinafter referred to as the “General Terms”) apply to all users (hereinafter referred to as the “User”) of the website www.hopupu.fr (hereinafter referred to as the “Website”), as well as its sub-domains, belonging to the company HOPUPU, a simplified joint-stock company, the registered office of which is located at 4, rue Jean-Jacques Rousseau – 44000 NANTES, France, and which is registered with the Trade and Companies Register (RCS) of NANTES, with the registration number 894 336 734 (hereinafter referred to as the "Company").

 

1.2 In order to register with the Website, all Users must first create a personal account and read and accept the General Terms at the time of registration. Access to the various services of the Site is thus strictly subject to the unreserved acceptance and compliance with these General Terms by all Users.

 

Article 2 – Definitions

 

HOPUPU hereby informs the User that the terms defined below shall have the meaning given to them in the following definition, when used with a capital letter, regardless of whether they are used in the singular or plural

 

“Ambassador”: Ambassadors are Riders who help Businesses share their Deals, in exchange for a rebate or any other contribution defined by the Business in question.

 

“Association”: Associations include all NGOs, associations and foundations aiming to protect the environment and biodiversity and to promote surfing in general.

 

“Business”: Businesses include all actors and companies of a Surfing community, including but not limited to surf shops, surf camps, surf clubs, surf schools, shapers, bars/restaurants, surf magazines/surf media, surf foundations/associations, photographers, brands, surf wear/beach wear shops.

 

“Surfing Community”: A surfing community gathers all the surfing actors (Riders, Associations, brands and local companies related to surfing) of a geographical area gravitating around one or several surf spots.

 

“Deal”: Deals are the visuals that automatically accompany each Report. These Deals are created by the User who has a Subscription, whether it is paid or free. A Deal is composed of:

 

- An image (product photo, visual of the offer, etc.)

- A button / CTA (Call To Action) redirecting to the product/service/news web page in question

- A value (optional): price, free offer ...;

- A short description.

 

“Licence”: Refers to the subscription available to all Rider, Business and Association.

 

“Report”: Reports are notes and descriptions of surf conditions given for a Spot at a specific time/date. There are three types of reports:

 

- Instant reports: reflect the surf conditions at a specific time;

- Same day forecasts: estimates surf conditions later in the day (over a defined time range);

- Next days forecasts: estimates surf conditions in the next few days (for a defined date and time range).

 

These reports appear on the Timeline of each Spot and are all accompanied by a Deal.

 

“Rider”: Riders are Users who have created a personal account on the Website and who practice surfing in all its forms (Surfing, Bodyboarding, Bodysurfing, Windsurfing, Kitesurfing, Skimming, without this list being exhaustive).

 

“Service”: Refers to the service made available on the Site.

 

“Spot”: Surf spots are places on the coast where surfing is possible (in all its forms: Surfing, Bodyboarding, Bodysurfing, Windsurfing, Kitesurfing, Skimming ...).

 

Each surf spot has its own specificities, which can be summarized as follows

 

- Bottom (sand, rock, reef, sand and rock, sand and reef, reef and rock);

- Wave direction (left, right, multi-peak);

- Various factors related to swell (direction + strength/period), wind (strength and direction) and tides (high, low, rising, falling, mid-tide).

 

“Timeline”: The Timeline contains the list of Reports and Forecasts posted by Users on the Spots. Each Spot has its own Timeline, on which all the Reports and Forecasts, as well as the associated Deals, appear from the most recent (Instant reports) to the most distant in time (Next days forecasts).

 

Article 3 – Purpose of the Service

 

The Site offers all Users the possibility of accessing Reports.

 

To be able to access the other features of the Site, and in particular to publish Reports themselves, the User must create a personal account as detailed in Article 4.

 

Article 4 – Terms of access and registration to the Site

 

4.1 Creating an account and login details on the Site

 

Any person may create a personal account on the Site by entering his/her e-mail address, date of birth, gender, type of surfing and level of surfing and language spoken.

 

The User may also create a personal account on the Site by logging in with his personal Facebook account.

 

By creating an account, the User automatically obtains a "Rider" profile.

 

4.2 Profile management and obligation of sincerity

 

When registering, the User undertakes to provide truthful information and in particular valid contact details. If, however, an error is made, the User may contact HOPUPU at any time at contact@hopupu.surf to request a change in their details.

 

4.3 Login and Password

 

The login and password allow access to the Website's services as well as to the account settings. These connection data are strictly personal and confidential and the User is solely responsible for the management, confidentiality and conservation of these data.

 

4.4 Protection of personal data

 

The User's personal data protection policy is freely available on the HOPUPU Site (https://www.hopupu.surf)

 

Article 5 – Presentation of the different profiles and access to the Website

 

5.1 The Rider

 

5.1.1 Any User may create a personal account on the Website to become a "Rider".

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5.1.2 The Rider has access to the following functions:

 

• Create, share and receive Reports on their favourite Spots. Reports published or shared by a Rider will only be accessible to Users whom he has accepted as his "friends" on the Site or by the entire community if he decides to make his Report public;

• Report Reports when they consider that they are incorrect or that the associated Deal is inappropriate;

• Access to Deals published by the Businesses or their Ambassadors;

• Stay informed of the Associations' initiatives;

• Create a Business account or request the creation of an Association account from HOPUPU, enabling it to benefit from a free Association Licence.

 

5.1.3 When a Rider publishes a Report, this Report is automatically associated with the Deal of one of the Associations he/she supports.

 

If the Rider decides to publish a Report and not to support an Association, the Deal associated with his Report will be generated by HOPUPU.

 

5.1.4 The Rider may also be an Ambassador by supporting an Association or a Business.

 

When an Ambassador publishes a Report, this Report is automatically associated with the Deal of one of the Businesses/Associations he/she supports.

 

5.2 The Business

 

5.2.1 Any Rider may open a Business account from his personal account.

 

The creation of a business account requires information to identify the company structure of the Business. The Rider who wishes to create such a business account therefore undertakes to certify that he is the legal representative of the Business.

 

Once this account has been created, the Rider may use his personal account either in a private version, as a Rider, or in a professional version, as a Business.

 

HOPUPU prohibits Users from creating a professional account in the name of a Business that is not their own or in the name of a legal entity of which they are not the legal representatives in practice.

 

HOPUPU reminds Users that the usurpation of the identity of a natural or legal person is punishable by one year's imprisonment and a fine of €15,000 under the provisions of Article L. 226-4-1 of the French Penal Code, including when this offence "is committed on an online public communication network".

 

Consequently, if HOPUPU is informed, by any means whatsoever, and in particular via its contact form available at the following address: www.hopupu.surf/contact, that a User has been guilty of identity theft, it reserves the right to initiate or take part in any action to repair the damage suffered by the Business whose identity has been stolen.

 

In any event, HOPUPU shall not be held liable under any circumstances if a User decides to acquire a professional licence on behalf of a Business that does not belong to it or of which it is not the legal representative.

 

5.2.2 By creating a Business account, the Rider has access to the advanced features of the Site, allowing him/her to

 

- Publish Reports

- Associate Deals with his Reports

- Grant Licences to Ambassadors;

- Send a message to an Ambassador;

- View the stats of their Deals;

- View its Ambassador’s stats.

- Create discount coupons

 

The creation of this Business account grants ONE (1) free License. He may acquire additional Licences in accordance with the procedure set out in Article 6.

 

5.2.3 Once a Rider has been granted a Licence to publish the Deals of a Business, he/she loses the right to post on his/her private account, as a Rider, the Reports of other Users, in order to avoid any unfair competition between Businesses.

 

Similarly, once a Rider has a Business account, he loses the right to post on his private account, as a Rider, but also on his Business account, the Reports of other Users, in order to avoid any unfair competition between Businesses

 

5.2.4 As soon as a Rider creates a Business Account, he/she agrees that HOPUPU may publish on social networks announcements relating to the creation of this account in accordance with Article 12 of the General Terms.

 

5.3 The Association

 

5.3.1 Associations may benefit free of charge from the same features as those available to Businesses.

 

Thus, Associations can promote their causes through Deals, and can also use the services of Ambassadors.

 

5.3.2 To benefit from free access, Associations must send their request to HOPUPU via the contact form on this page: https://www.hopupu.surf/contact-foundations-surf or send an email to the following contact address: contact@hopupu.surf

 

They must justify in their request their name, the cause they are defending and also indicate the contact details of the person with whom HOPUPU may communicate.

 

5.3.3 Once the free licence has been granted, the Associations may benefit from the advanced features of the Site and all Riders and Businesses may become their Ambassadors free of charge.

 

5.3.4 As soon as a Rider creates an Association account, he accepts that HOPUPU may publish announcements on social networks in relation to the creation of this account in accordance with article 12 of the General Terms.

 

Article 6. Acquisition of Additional Licences (Business only)

 

6.1 Any Business may acquire one or more additional Licences for the purpose of :

 

- allocate them to any Ambassador of its choice,

- publish additional Deals.

 

This License may be monthly, semi-annual or annual.

 

6.2 Businesses may acquire up to SIX (6) simultaneous Licences directly on the Site.

 

The prices of the Licences are indicated on the Site in Euros, all taxes included.

 

Payment for purchases is made by credit card, via the Stripe interface. The Business must indicate its card number, as well as its date of validity and the three-digit cryptogram on the back of the card, directly in the area provided for this purpose (secured entry by SSL encryption).

 

The credit card used may be registered via the Stripe interface with a view to the payment of future Licences. The Business may at any time change the credit card associated with its account in its personal space.

 

HOPUPU may make changes to its tariffs. It shall be obliged to inform Users of such changes as soon as possible and by any means.

 

Price changes will take effect from the Licence period following the date of the price change. Subject to applicable law, by continuing to use the services offered by the Site after the tariff change has come into effect, the Business accepts the new tariff.

 

If a Business does not accept the tariff change, it may unsubscribe from the Website before the tariff change comes into effect.

 

In order to benefit from more than SIX (6) Licences, the Business shall contact HOPUPU directly via the contact form on this page: https://www.hopupu.surf/contact or send an email to the following contact address: contact@hopupu.surf

 

6.3 The Business may publish Reports itself. In this case, the Report is automatically accompanied by one of the Deals that it has defined. The Report and the associated Deal will be published on the Timeline of the Spot for which the Report has been published and will be visible to all Riders.

 

6.4 Licences purchased by the Business allow it to grant additional access to an Ambassador that it chooses to promote its products and services.

 

The Ambassador will then publish his Reports on behalf of the Business, which may grant him benefits in return.

 

When an Ambassador publishes or shares a Report, it is visible to all members of the community on the Timeline of the Spot in question.

 

6.5 HOPUPU accepts no responsibility for any discounts, rebates or other advantages or benefits offered by the Businesses to the Ambassadors it chooses, in accordance with Article 6.1.

 

HOPUPU is a third party in the Business/Ambassador relationship and cannot therefore be held liable for any disputes that may arise in relation to contracts signed, arrangements and any other agreements made between a Business and an Ambassador.

 

6.6 Businesses have access to the functionality of the Website until the end of their Licence(s) or until they decide to terminate their Licence.

 

Any request to terminate a Licence must be sent by email to contact@hopupu.surf, quoting its login. A message confirming the request will be sent to the Business.

 

Article 7 – Features of the Website

 

7.1 Reports and warnings

 

7.1.1 All Riders, Businesses and Associations may create, share and receive Reports on their favourite Spots.

 

Riders may report Reports that are considered to be incorrect, except when they are an Ambassador of a Business. Reports published or shared by a Rider will only be accessible to Users that he has accepted as his "friends" on the Website, unless he decides to publish his Report to the whole community.

 

HOPUPU undertakes to make its best efforts to ensure that the Reports published are accurate and in line with surfing conditions and the reality of the weather situation at the Spot, in particular through technical means and algorithms developed by HOPUPU, but also thanks to the vigilance of Users and Riders, Businesses and Associations who share Reports.

 

However, HOPUPU shall not be held liable for any inaccuracy or forecast error in the Reports published.

 

To avoid forecast errors, HOPUPU recommends that Users consult other weather forecasting sites.

 

7.1.2 As the Reports may be published at any time of the day, including at night, every day of the week, HOPUPU may not be held liable for any accident resulting from a surfing session in dangerous conditions based on the information posted on the Website.

 

This is why HOPUPU recommends that Users guard against any dangerous situation by never surfing alone, at night, in conditions that are unsuitable for their level or dangerous, and urges Users to systematically inform someone close to the Spot where they intend to surf.

 

In addition, HOPUPU strongly recommends that all Riders contact the competent local authorities in order to protect themselves against the following risks: water pollution, sharks, maritime traffic, fishing zones and other dangers, this list not being exhaustive.

 

7.2 Deals

 

7.2.1 Deals are offered by the Businesses under their sole and entire responsibility.

 

HOPUPU shall not be held responsible for the content of the Deal offered by the Business to the Users of the Website, and in particular for any dispute that may arise between a Business and a User if the Deal is incorrect (out of stock, false information on its price, etc.).

 

HOPUPU has no power of control or supervision over the Deals offered.

 

7.2.2 The Business or Association that publishes a Deal also undertakes to comply with the provisions of Article 8 of these General Terms, and consequently to ensure that its Deals do not contravene the laws and regulations in force.

 

7.2.3 If the Business or the Association publishes a Deal that contravenes the provisions of Article 9 of these General Terms, HOPUPU reserves the right to suspend or delete its account, in accordance with Article 8 of these General Terms.

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7.3 Discount Coupons

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7.3.1 Discount coupons may be offered by Businesses to Riders who submit Reports, under their sole and full responsibility.

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7.3.2 [RIDERS] Riders have access from their personal account to a tab titled "MY COUPONS," which lists all available discount coupons.

 

Coupons are obtained by submitting Reports, subject to the conditions defined by the Business.

 

To avail themselves of these discounts, Riders may click on the "Make the most of it" button and will be redirected to the Business's e-commerce page.

 

In the event that a discount coupon or link does not function, Riders are instructed to directly contact the Business. Discount coupons are usable until December 31st at 11:59 PM of the current year of their acquisition, unless otherwise specified by the Business, site closure, cessation of activity, or termination of the Business account for any reason.

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7.3.3 [BUSINESSES] Each Business has the option to offer Riders discount coupons for use on its e-commerce site when they submit Reports.

 

Coupon management is done through the "MANAGE MY COUPONS" tab.

 

A 10% discount coupon is preconfigured by HOPUPU, which the Business may choose to activate or not for the benefit of Riders. This coupon is unlocked every 5 Reports submitted by a Rider.

 

The Business may add and configure as many discount coupons as desired.

 

The Business acknowledges and agrees that, by default, discount coupons are usable by Riders until December 31st at 11:59 PM of the current year of their acquisition. The Business may establish additional conditions and communicate them clearly and comprehensibly to Riders who may benefit from them.

 

The Business is obligated to:

- ensure that coupon codes and/or links are correct and active and remain so throughout the validity of the coupon,
- if necessary, update its e-commerce site to allow Riders to benefit from discounts obtained through coupons on the platform,
- update coupons whenever necessary,
- respond to any requests and/or complaints from Riders,
- indemnify HOPUPU against any claims and/or complaints from Riders regarding a discount coupon they could not benefit from due to the Business's failure to comply with this article.

7.3.4 HOPUPU disclaims any responsibility for discount coupons offered by Businesses to Riders. HOPUPU is a third party to the Business / Riders relationship and therefore cannot be held liable for any disputes arising from the use of these discount coupons.

 

Article 8 – Account deletion

 

8.1 HOPUPU can suspend and/or delete the account of any User who contravenes these General Terms.

 

In particular, HOPUPU can delete at any time the account of any Business whose activity, clientele, missions, values (non-exhaustive list) are too far removed from the Surfing community

 

8.2 HOPUPU can delete an account that has been inactive for more than TWELVE (12) months.

 

8.3 The User may request the deletion of his account by sending an email to contact@hopupu.surf. Any unsubscription from the Website will take effect as soon as possible.

 

Article 9 – Responsibility of Users

 

9.1 The User is solely responsible for the messages, content and information that he puts online on the Website, given that, in its capacity as host of the service in question, within the meaning of the provisions of the French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, HOPUPU cannot be held responsible for the content transmitted or put online by Users on the Website and over which HOPUPU has no power of control or supervision.

 

The User expressly undertakes, on pain of criminal or civil liability, to ensure that the messages he sends are not such as to:

 

- Constitute a violation of the intellectual property rights of third parties. In this respect, the User undertakes not to reproduce or communicate to the public on the Website elements protected by copyright, registered as a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

 

- Contain computer viruses likely to interrupt, destroy or alter the functionality of the Website;

 

- Apologise for crimes or contain illegal, threatening, paedophilic, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist messages or messages that are contrary to public order or morality;

 

- Infringe on the privacy or dignity of third parties;

 

- Incite violence, fanaticism, crime, suicide, hatred because of religion, race, sex, sexual orientation, ethnicity;

 

- Harass other Users with whom the User has come into contact during discussions in the various communication areas of the Website;

 

- Promote or encourage any criminal activity or enterprise;

 

- Solicit and/or disclose passwords and/or personal information for commercial or illegal purposes;

 

- Transmit chain letters, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail;

 

- Contain advertisements and/or solicitations to offer products and/or services for sale through the Website;

 

- Contain addresses or hypertext links to external websites whose content is contrary to the laws and regulations in force, which infringe the rights of third parties or which are contrary to these conditions.

 

This list is not exhaustive and the User must refrain from disseminating any message that is contrary to the laws and regulations in force.

 

9.2 HOPUPU encourages Users to be vigilant and to report inappropriate content as referred to in article 9.1.

 

9.3 HOPUPU ensures the dissemination in electronic format, via its Website, of surf reports published by Users with the aim of providing other Users with simplified weather forecasts for the surf spots listed on the Website.

 

The Website is only a means of transmitting information by Users to other Users, under their own responsibility.

 

HOPUPU cannot guarantee the reliability and veracity of the Surf Reports posted by each User.

 

9.4 The User is solely responsible for the conservation and confidentiality of his login and password.

 

The User agrees not to communicate, at any time, his password to any other User or to use the account and password of another User.

 

The User guarantees the accuracy of the information provided to HOPUPU for the purposes of registration and undertakes to notify it of any subsequent changes.

 

9.5 The User acknowledges that HOPUPU has the right, in the event that his use of the Website is contrary to these General Terms and more generally to the laws and regulations in force, to proceed immediately and without prior notice with his deregistration from the services of the Website and/or the blocking of his access to the Website.

 

9.6 HOPUPU reserves the right, in the event that the User is responsible for an infringement of the legislation in force or an infringement of the rights of third parties, to provide, at the request of any legitimate authority (court, administrative authority, police force), any information that enables or facilitates the identification of the offending User.

 

Article 10 – Availability of the Service

 

HOPUPU shall endeavour to ensure that the Website is available 24 hours a day, 7 days a week. However, access to the Website may be interrupted as part of maintenance operations, hardware or software upgrades, emergency repairs to the Website, or as a result of circumstances beyond the control of HOPUPU.

 

HOPUPU undertakes to take all reasonable measures to limit such disruptions, insofar as they are attributable to it.

 

Users acknowledge and accept that HOPUPU shall not be liable to them for any unavailability, suspension or interruption of the Website and shall not be held liable for any direct or indirect damage of any kind resulting from this.

 

Article 11 – Modification of the service

 

HOPUPU reserves the right to develop its services or the Website, in particular by making new features available or by modifying and/or deleting features currently offered to the User from the Website.

 

Article 12 – Communication

12.1. The Business

 

The Business and HOPUPU authorise each other to use, reproduce, represent, distribute and use their brand name and logo for promotional purposes or for publication on social networks and websites, provided that they respect their graphic charter.

 

This authorisation shall not imply the recognition of any right for the Business or HOPUPU to use in any way whatsoever the distinctive signs of each other.

 

This authorisation is granted to be effective for the duration of the Licence and in countries throughout the world.

 

The Business and HOPUPU expressly recognise the importance of the name and logo belonging to each of them and undertake not to damage the image of the other.

 

12.2 The Association

 

The Association and HOPUPU authorise each other to use, reproduce, represent, distribute and use their brand name and logo for the purposes of promotion or publication on social networks and websites, subject to compliance with their graphic charter.

 

This authorisation shall not imply the recognition of any right for the Association or HOPUPU to use in any way whatsoever the distinctive signs of each other.

 

This authorisation is granted to be effective for the duration of the Licence and in countries throughout the world.

 

The Association and HOPUPU expressly recognise the importance of the name and logo belonging to each of them and undertake not to damage the image of the other.

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Article 13 – Intellectual property

 

The general structure of the Website and all other elements comprising it (such as graphic design, texts, visuals, photographs, logos, domain names, images and texts) are the exclusive property of HOPUPU or have been the subject of prior authorisation for use by HOPUPU.

 

Any reproduction and representation, in whole or in part, of the Website and/or its component parts by any means whatsoever, without the express authorisation of HOPUPU, is therefore prohibited and would constitute an infringement punishable under articles L. 335-2 et seq. of the French Intellectual Property Code.

 

Article 14 – Personal data

14.1 The personal data concerning the User that is collected is as follows: his e-mail address, gender, surfing habits and experience.

 

The data collected concerning the use of the Website by the Users are the following: number of Reports or Forecasts published over a given period, last connection to the Website and date of account creation.

 

14.2 The personal data collected from the Client is intended for the proper performance of HOPUPU's services.

 

14.3 The Client's personal data is not shared with third parties and is not transferred outside the EU under any circumstances.

 

14.4 HOPUPU implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.

 

14.5 Pursuant to the regulations applicable to personal data, Users have the following rights: to update or delete the data concerning them, to exercise a right of access, to know the personal data concerning them, to request the deletion of the data concerning them, to request the updating of the information if necessary.

 

In order to exercise their rights, persons concerned may contact HOPUPU by registered letter with acknowledgement of receipt sent to the address of HOPUPU's registered office or by sending a request via the form located on this page: https://www.hopupu.surf/rgpd-form

 

Article 15 – Applicable law

 

15.1 These General Terms are subject to French law.

 

15.2 French language shall prevail over any other language, even though these General Terms are translated into English or another language.

 

15.3 Any dispute relating to the existence, validity, execution, interpretation, termination and/or consequences of these General Terms shall be submitted:

 

- for consumers: to the competent courts in application of the provisions of the French Civil Procedure Code.

 

- for professionals: to the courts of the city of NANTES (44), France, even in the case of multiple defendants and third party claims.