GENERAL TERMS FOR VIEWERS
1. Identification of WEERLIVE
WL CAPITAL ("WEERLIVE") is a simplified joint-stock company (société par actions simplifiée) registered with the RCS de Paris (Paris Trade and Companies Register) under number 943 297 481, with its registered office at 1 Rue de Stockholm, 75008 Paris, France.
WEERLIVE can be contacted using the following details:
- email address: hello@weerlive.com,
2. Services offered
WEERLIVE operates a platform accessible at the following URL: https://www.weerlive.com (the "Platform") enabling content creators (the "Creators") to connect with viewers (the "Viewers") who wish to access the Creators' Contents, whether Lives, replays or VOD videos.
3. Information on the General Terms
| Purpose of the General Terms | These general terms (the "General Terms") constitute the sole document governing the contractual relationship between WEERLIVE and the Viewer and define:
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| Location of the General Terms | The Viewer can find them via a direct link at the bottom of each page of the Platform. |
| Acceptance of the General Terms | The Viewer accepts the General Terms by ticking a box in the registration form. If the Viewer does not accept the General Terms in their entirety, the Viewer cannot access the Services. They may be supplemented by special terms (the "Special Terms") which, in the event of any conflict, prevail over the General Terms. |
4. Relationship with the general terms of the Payment Service Provider
All payments made through the Platform are handled by the payment service provider indicated on the Platform (the "Payment Service Provider").
The Viewer contracts directly with the Payment Service Provider for the processing of these payments, by accepting its general terms by means of a tick box on the Platform.
If the Payment Service Provider refuses or terminates the Viewer's subscription, the Viewer cannot or can no longer use the Services.
Conversely, the end of the contractual relationship between the Viewer and WEERLIVE results in the termination of the Viewer's contract with the Payment Service Provider.
In the event of any conflict between the general terms of the Payment Service Provider and the General Terms, the latter prevail.
The Viewer expressly authorises WEERLIVE to transmit to the Payment Service Provider all of the Viewer's instructions relating to payments made on the Platform.
5. Conditions of access to the Services
(i) The Viewer is a natural person with full legal capacity.
(ii) The Viewer is a consumer, meaning any natural person acting for purposes that are outside the scope of his or her professional activity.
6. Access to and subscription for the Services
The Viewer can access the Services by going directly to the Platform.
To subscribe to the Services, the Viewer must complete the form provided for this purpose on the Platform.
The Viewer must provide WEERLIVE with all information marked as mandatory.
Registration automatically opens an account in the Viewer's name (the "Account") which allows the Viewer to access the Services using his or her login and password.
7. Description of the Services
7.1. The Services
Before subscribing, the Viewer acknowledges that he or she can review on the Platform the characteristics of the Services and their constraints, in particular technical constraints.
The Viewer acknowledges that use of the Services requires an internet connection and that the quality of the Services depends on that connection, for which WEERLIVE is not responsible.
The Services to which the Viewer has subscribed are described on the Platform. In particular, the Viewer has access to the various Contents published by the Creators, which may be public or private, subject to payment of the fee referred to in the article "Price of the Contents", whether they are:
- Lives (the "Lives"), meaning content broadcast live on the Platform (such as conferences, coaching sessions or speeches) accessible via a sharing link allowing Viewers to join it;
- Replays of recorded Lives;
- VOD videos.
The home page of the Platform highlights certain Contents in particular and provides Viewers with information on upcoming Lives or other Contents.
WEERLIVE reserves the right to offer any other Service.
7.2. Additional services
Maintenance
During the term of the Services, the Viewer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.
With regard to corrective maintenance, WEERLIVE uses its best efforts to provide the Viewer with corrective maintenance in order to fix any malfunction or bug identified on the Platform.
With regard to evolutionary maintenance, during the term of the Services the Viewer benefits from evolutionary maintenance, which WEERLIVE may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used in connection with the Platform (intended to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for scheduled maintenance, which may include the corrective and evolutionary maintenance operations referred to above.
Hosting
WEERLIVE provides, under a best-efforts obligation (obligation de moyens), the hosting of the Platform and of the data entered on the Platform, on its own servers or through a professional hosting provider, and on servers located within the territory of the European Union.
Technical support
In the event of any difficulty encountered when using the Services, the Viewer may contact WEERLIVE at the following email address: hello@weerlive.com.
Depending on the need identified, WEERLIVE will estimate the response time and keep the Viewer informed.
8. Term of subscription to the Services
The Viewer subscribes to the Services for an indefinite term.
9. WEERLIVE's financial terms
9.1. Price of the Services
Registration and access to the Platform are free of charge. Only the Contents and the service fee provided for in the article "Price of the Contents" are payable.
9.2. Price of the Contents
The price for accessing a Content is freely determined by the Creator through a pricing system under which the Viewer pays to view a Content.
The viewing prices of each Content are indicated on the Platform.
Prices in currencies other than EUR include a 5% currency conversion surcharge and are rounded up to the nearest whole unit.
In addition to the price of the Content set by the Creator, a service fee equal to 2.9% of the Content price inclusive of all taxes, with a minimum of 0.90 euro, is added to the amount paid by the Viewer at the time of purchase. This service fee applies to all Content, whether a Live, a replay or a VOD video. This service fee, which remunerates WEERLIVE and covers in particular the costs of the payment operator, is displayed separately before the order is confirmed. The total price paid by the Viewer (Content price + service fee) is indicated before any payment.
The prices of the Contents are indicated inclusive of all taxes. The applicable VAT is that in force in the country where the Viewer is located, in accordance with the applicable regulations.
Any Content purchased by the Viewer is payable in full.
9.3. WEERLIVE's invoicing and payment terms
Payment is processed through the payment service provider indicated on the Platform.
The Viewer warrants to WEERLIVE that he or she has the necessary authorisations to use this payment method.
WEERLIVE sends the Viewer an invoice corresponding to the Contents purchased by the Viewer on the Platform.
9.4. Consequences of late payment, non-payment or dispute
In the event of non-payment or late payment, WEERLIVE reserves the right, from the day following the due date shown on the invoice, to immediately suspend the Services in progress until full payment of the sums due.
A Viewer who wishes to request a refund of the fee paid to access a Content must send an email to WEERLIVE at the following address: hello@weerlive.com with the subject line "RÉCLAMATION - DEMANDE DE REMBOURSEMENT" (COMPLAINT - REFUND REQUEST) within a maximum of 7 days after the broadcast of the Live or, for other Contents, after their purchase. For the request to be considered, the Viewer must state the reasons which, in his or her view, justify a refund. The only valid reasons are:
- Cancellation of the Live;
- Unavailability of the Content attributable to WEERLIVE or the Creator;
- A technical malfunction (no sound, no picture, etc.).
The assessment of the merits of the request is left to the discretion of WEERLIVE, which may, depending on the malfunction and its seriousness, grant the refund request or offer a partial refund in proportion to the malfunction. No refund request will be accepted for reasons relating to the quality, the subject matter or the Content itself.
10. No right of withdrawal
In accordance with Article L. 221-28, 12° of the French Consumer Code, the purchase of access to a Live, a leisure service provided on a specific date, does not give rise to a right of withdrawal.
In accordance with Article L. 221-28, 13° of the French Consumer Code, the purchase of a replay or a VOD video, digital content made available immediately, does not give rise to a right of withdrawal either: at the time of purchase, the Viewer expressly agrees that the Content will be made available before the end of the withdrawal period and acknowledges that he or she thereby loses the right of withdrawal.
This information is shown to the Viewer on the payment page, before the order is confirmed, and in the order confirmation email. It applies without prejudice to the legal guarantee of conformity and to the refund cases provided for in these General Terms.
11. Legal guarantee of conformity
The consumer is entitled to the legal guarantee of conformity in the event of a lack of conformity arising during the term of the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it arose.
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the term of the contractual relationship between the parties.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his or her request, free of charge and without major inconvenience to him or her.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:
1° The trader refuses to bring the digital content or digital service into conformity,
2° The bringing into conformity of the digital content or digital service is unjustifiably delayed,
3° The bringing into conformity of the digital content or digital service cannot take place without costs being imposed on the consumer,
4° The bringing into conformity of the digital content or digital service causes major inconvenience to the consumer,
5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In that case, the consumer is not required to first request that the digital content or digital service be brought into conformity.
Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.
These rights derive from the application of articles L. 224-25-1 to L. 224-25-31 of the Code de la consommation (French Consumer Code).
A trader who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of its average annual turnover (article L. 242-18-1 of the Code de la consommation).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the Code civil (French Civil Code), for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.
12. Intellectual property rights
12.1. Intellectual property rights in the Platform
The Platform is the property of WEERLIVE, as are the software, infrastructure, databases and content of any kind (text, images, visuals, music, logos, trademarks, etc.) that it operates. They are protected by all applicable intellectual property rights and database producers' rights. The licence granted by WEERLIVE to the Viewer does not entail any transfer of ownership.
The Viewer is granted a non-exclusive, personal and non-transferable SaaS licence to use the Platform for the term set out in the article "Term of subscription to the Services".
12.2. Intellectual property rights in the Contents
The Creators retain full and complete ownership of their Content.
Viewers' access to the Content gives rise to the grant by the Creator of a licence to use it to the Viewer, the terms of which are freely determined by the Creator. In consideration of payment of the fee set out in the article "Price of the Contents", the Viewer is granted a temporary, exclusive, non-assignable and non-transferable licence to view the Contents.
The Viewer is therefore not granted any intellectual property right other than the right to view the Content. Consequently:
- Any performance, or full or partial reproduction, of the Content constitutes an infringement and will be penalised as such;
- The Viewer undertakes to use the Contents only for personal purposes and under no circumstances for professional or commercial purposes;
- The Viewer undertakes not to publish, distribute or capture, by any means whatsoever and on any medium whatsoever, all or part of the Content;
- The Viewer undertakes not to modify, adapt or alter the Content;
WEERLIVE, in its capacity as hosting provider, neither controls nor guarantees the Creators' Contents, and holds no rights in them.
13. Obligations and liability of the Viewer
13.1 Regarding the provision of information
The Viewer undertakes to provide WEERLIVE with all information necessary for subscribing to and using the Services.
13.2. Regarding the Viewer's Account
The Viewer:
- warrants that the information provided in the form is accurate and undertakes to keep it up to date,
- acknowledges that this information constitutes proof of his or her identity and is binding on him or her as soon as it is validated,
- is responsible for maintaining the confidentiality and security of his or her login and password. Any access to the Platform using these credentials is deemed to have been made by the Viewer.
The Viewer must immediately contact WEERLIVE at the contact details set out in the article "Identification of WEERLIVE" if he or she notices that his or her Account has been used without his or her knowledge. The Viewer acknowledges that WEERLIVE will be entitled to take any appropriate measures in such a case.
13.3. Regarding the Contents
The Creator freely determines the conditions under which the Contents are broadcast (time, date, cost, duration, private, public, etc.).
The Viewer may only pay the fee to access a Live and join a Live within the first 15 minutes after it starts.
A Viewer wishing to take part in a Live registers by clicking on the dedicated button and pays the corresponding fee. Registration is only valid after payment and receipt of a confirmation email. Viewers who have purchased access receive a connection link under the conditions indicated on the page of the Live concerned. This link may also be made available to them in their personal area on the Platform.
13.4. Regarding the use of the Services
The Viewer is responsible for his or her use of the Services and for any information he or she shares in that context. The Viewer undertakes to use the Services personally and not to allow any third party to use them in his or her place or on his or her behalf.
The Viewer shall not misuse the Services for purposes other than those for which they were designed, and in particular to:
- carry out any illegal or fraudulent activity,
- breach public order or public decency,
- harm third parties or their rights in any way whatsoever,
- breach any contractual, legislative or regulatory provision,
- carry out any activity likely to interfere with a third party's computer system, in particular with a view to breaching its integrity or security,
- carry out any actions intended to promote his or her own services and/or websites or those of a third party,
- assist or encourage a third party to commit one or more of the acts or activities listed above.
The Viewer also undertakes not to:
- copy, modify or misappropriate any element belonging to WEERLIVE or any concept it operates in connection with the Services,
- engage in any conduct likely to interfere with or misappropriate WEERLIVE's computer systems or to breach its IT security measures,
- harm WEERLIVE's financial, commercial or moral rights and interests,
- sell, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to WEERLIVE.
The Viewer is responsible for the relationships he or she may establish with other users of the Platform. The Viewer undertakes to act with discernment and to observe the usual rules of politeness and courtesy in his or her exchanges with other Creators and Viewers, in particular during Lives.
The Viewer shall not contact, by any means whatsoever, the Creators of the Platform with a view to circumventing the Services, and in particular shall not ask Creators for access to Contents outside the Platform. WEERLIVE may, where applicable, take any measures it deems necessary against Viewers who fail to comply with this provision.
The Viewer indemnifies WEERLIVE against any claim and/or action that may be brought against it as a result of the breach of any of the Viewer's obligations. The Viewer shall compensate WEERLIVE for the loss suffered and reimburse it for all sums it may have to bear as a result.
13.5. Reporting abuse
If a Viewer notices, on the Platform, the presence of manifestly unlawful content or conduct contrary to these General Terms, he or she must alert WEERLIVE without delay by sending it a notification.
To be valid, the notification must be made either via the dedicated button or by email to hello@weerlive.com and, in accordance with article 6 I 5° of the LCEN (French Law on Confidence in the Digital Economy), must include the following elements:
- Date of the notification;
- The identity of the notifying party (for a natural person: surname, first name, occupation, address, nationality, date and place of birth / for a legal entity: legal form, company name, registered office, legal representative);
- A description of the disputed content and its location on the Platform;
- The reasons why the content should be removed and the reference to the relevant legal provision;
- A copy of the correspondence sent to the author or publisher of the disputed content requesting its removal or modification, or proof that the author could not be contacted.
Any abusive notification may give rise to liability and is in particular punishable by one year's imprisonment and a fine of 15,000 euros under article 6-I-4 of loi n°2004-575.
Viewers' attention is drawn to the fact that, although WEERLIVE takes measures to ensure the confidentiality of exchanges via the Chat, it is not possible for WEERLIVE to guarantee the absolute security of information shared through this means of communication.
13.6. Regarding the instant messaging system (the "Chat")
A Chat may be made available to Viewers, at the Creator's discretion, during Lives.
This Chat only allows the exchange of written messages (the "Messages"), to the exclusion of any other content.
The Creator may freely disable a Viewer's Messages if his or her conduct during the session does not comply with these General Terms.
Viewers undertake to use the Chat responsibly and respectfully towards the other users of the Platform.
The Viewer is responsible for the Messages of any kind that he or she posts in connection with the Services, in particular on the Chat during Lives.
The Viewer accepts that Messages posted on the Platform are made public by default and may be seen by other users of the Platform.
The Viewer shall not post any Message (this list is not exhaustive):
- that breaches public order or public decency (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),
- that infringes the rights of third parties (infringing content, breach of personality rights, etc.) and more generally that breaches any contractual, legislative or regulatory provision,
- that is harmful to third parties in any way whatsoever,
- that is false, misleading or that offers or promotes illegal, fraudulent or deceptive activities,
- that is harmful to third parties' computer systems.
WEERLIVE reserves the right to remove the Viewer's access to the Chat for an indefinite period in the event of a breach.
14. Obligations and liability of WEERLIVE
WEERLIVE undertakes to provide the Services with due care, it being specified that it is bound by a best-efforts obligation (obligation de moyens).
14.1. Regarding the quality of the Services
WEERLIVE uses its best efforts to provide the Viewer with quality Services.
To this end, it regularly carries out checks to verify the operation and accessibility of its Services and may accordingly carry out maintenance under the conditions set out in the article "Maintenance".
WEERLIVE is nevertheless not responsible for temporary difficulties or impossibility of accessing its Services caused by:
- circumstances external to its network (and in particular the partial or total failure of the Viewer's servers),
- the failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
- interruption of the Services caused by telecommunications operators or internet access providers,
- the Viewer's intervention, in particular through incorrect configuration applied to the Services,
- an event of force majeure.
WEERLIVE is responsible for the operation of its servers, the outer limits of which are the connection points.
Furthermore, it does not guarantee that the Services:
- which are subject to constant research to improve in particular their performance and progress, will be entirely free of errors, defects or faults,
- which are standard and in no way offered according to the Viewer's personal constraints, will specifically meet his or her needs and expectations.
14.2. Regarding the service level guarantee of the Platform
WEERLIVE does not offer any service level guarantee for the Platform.
However, WEERLIVE uses its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of scheduled maintenance under the conditions defined in the article "Maintenance" or force majeure.
14.3. Regarding the backup of data on the Platform
WEERLIVE uses its best efforts to back up all data entered on the Platform.
Except in the event of proven fault on the part of WEERLIVE, it is nevertheless not responsible for any loss of data during maintenance operations.
14.4. Regarding data storage and security
WEERLIVE provides sufficient storage capacity for the operation of the Services.
WEERLIVE uses its best efforts to ensure data security by implementing measures to protect the infrastructure and the Platform, to detect and prevent malicious acts and to recover data.
14.5. Regarding unlawful Contents and Messages
WEERLIVE undertakes to remove without delay from the Platform any manifestly unlawful Content or Message reported to it, in accordance with the LCEN.
14.6. Regarding the publication of Messages
WEERLIVE acts as a hosting provider for the Messages that the Viewer posts online. Consequently, it is not responsible for these Messages.
If WEERLIVE receives a notification concerning an unlawful Message, it will act promptly to remove it or make access to it impossible, and it may take the measures described in the article "Penalties for breach".
14.7. Regarding the connection between users
WEERLIVE acts as an intermediary (broker) in the relationship between the Viewer and the other users, whether Creators or Viewers.
WEERLIVE therefore cannot be held liable in connection with these relationships with other users, nor be a party to any disputes whatsoever.
14.8. Regarding the use of subcontractors and assignment
WEERLIVE may use subcontractors in the performance of the Services, who are subject to the same obligations as WEERLIVE in the course of their work. WEERLIVE nevertheless remains solely responsible to the Viewer for the proper performance of the Services.
WEERLIVE may substitute any person who will be subrogated to all of its rights and obligations under its contractual relationship with the Viewer. Where applicable, it will inform the Viewer of this substitution by any written means.
15. Limitation of WEERLIVE's liability
WEERLIVE's liability is limited to proven direct damage suffered by the Viewer as a result of the use of the Services.
16. Admissible evidence
Evidence may be established by any means.
The Viewer is informed that the messages exchanged through the Platform, as well as the data collected on the Platform and on WEERLIVE's computer equipment, constitute one of the admissible forms of evidence, in particular to demonstrate that the Services were actually performed and how their price was calculated.
17. Processing of personal data
The parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent upon them regarding the protection of personal data, in particular loi 78-17 of 6 January 1978 in its latest amended version, known as the Loi Informatique et Libertés (French Data Protection Act), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (together the "Applicable Regulations").
To find out more about the processing carried out by WEERLIVE, the Viewer is invited to read WEERLIVE's privacy policy available on the Platform.
18. Force majeure
WEERLIVE cannot be held liable for failures or delays in the performance of its contractual obligations due to an event of force majeure occurring during the term of its relationship with the Viewer, as defined in article 1218 of the Code civil (French Civil Code).
If WEERLIVE is prevented from performing its obligations due to an event of force majeure, it must inform the Viewer by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable time once the event of force majeure has ceased.
WEERLIVE nevertheless remains bound to perform the obligations that are not affected by the event of force majeure.
19. End of the Services
The Viewer may unsubscribe from the Services directly and free of charge through the functionality provided for this purpose on the Platform or by sending a request by email to the following address: hello@weerlive.com. For the request to be accepted, the Viewer must send the email from the address associated with his or her Account and state "DEMANDE DE DESINSCRIPTION" (UNSUBSCRIPTION REQUEST) in the subject line.
Termination takes effect within 3 days and the data relating to the Account is deleted within 7 days.
The Viewer no longer has access to his or her Account from the end of the Services.
Any unsubscription is final and will not give rise to any refund. In particular, if the Viewer decides to delete his or her Account when he or she has already paid for a Content, such as an upcoming Live for example, the Viewer may not claim any refund or compensation from WEERLIVE or the Creator.
20. Penalties for breach
The following constitute essential obligations of the Viewer (the "Essential Obligations"):
- payment of the price of the Contents,
- not providing WEERLIVE with inaccurate or incomplete information,
- not circumventing the Services in order to deal directly with a Creator outside the Platform,
- observing the usual rules of politeness and courtesy in exchanges with WEERLIVE and with the other users of the Platform, whether Creators or Viewers,
- not using the Services on behalf of a third party,
- not carrying out illegal or fraudulent activities or activities that infringe the rights or security of third parties, breach public order or violate the laws and regulations in force.
In the event of a breach of any of these Essential Obligations, WEERLIVE may:
- suspend or remove the Viewer's access to the Services, and in particular to the Chat,
- delete any Message relating to the breach,
- publish on the Platform any information notice that WEERLIVE deems useful,
- alert any competent authority, cooperate with it and provide it with all information useful for the investigation and prosecution of illegal or unlawful activities,
- bring any legal action.
These penalties are without prejudice to any damages that WEERLIVE may claim from the Viewer.
In the event of a breach of any obligation other than an Essential Obligation, WEERLIVE will ask the Viewer, by any appropriate written means, to remedy the breach within a maximum of 15 calendar days. The Services will end at the expiry of this period if the breach has not been remedied.
The end of the Services results in the deletion of the Viewer's Account.
21. Amendment of the General Terms
WEERLIVE may amend its General Terms at any time and will inform the Viewer by any written means (and in particular by email) at least 7 calendar days before they come into force.
The amended General Terms apply as soon as they come into force.
If the Viewer does not accept these amendments, he or she must unsubscribe from the Services in accordance with the procedure set out in the article "End of the Services".
If the Viewer uses the Services after the amended General Terms have come into force, WEERLIVE considers that the Viewer has accepted them.
22. Language
The French language prevails in the event of any conflict or dispute as to the meaning of a term or provision.
23. Mediation
In the event of a dispute between the Viewer and WEERLIVE, the Viewer may, free of charge, refer the matter to the following consumer mediator with a view to an amicable resolution:
L'association Nationale des Médiateurs
Postal address: 62 rue Tiquetonne, Paris, France -75002
www.anm-conso.com
If the Viewer is a foreign consumer located within the European Union, he or she may use the European online dispute resolution platform for consumer disputes, which is accessible .
24. Governing law and jurisdiction
The General Terms are governed by French law. In the event of a dispute between us, and failing an amicable settlement within 2 months of the first notification, the dispute will be submitted to the exclusive jurisdiction of the French courts, unless mandatory provisions provide otherwise.