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The purpose of these General Terms and Conditions of Use and Sale (hereinafter the “GTC-SGC”) is to define the terms of access and the conditions of use of the site www.flockeo.com/en (hereinafter the “Site”) and the conditions of sale of the services. By using this site, you acknowledge having read these Terms of Use and Sales and accept their terms without reservation.

Preamble

The simplified joint stock company MURMURATION (hereinafter the “Company”) with a share capital of 10500 euros and registered number 84893497200029, is based at 15 rue Victor Hugo, BRUGUIERES (31150), in the field of specialized, scientific and technical activities.

Murmuration reserves the right to modify at any time the content of this site without notice and, in particular, its commercial offer and its general conditions of supply. The terms and conditions are systematically communicated to the Client who makes the request.

Access and use

The Site is free to access.

By using the Site you agree that no message you send via the site and on the social networks associated with it:

  • undermines public order and morality,
  • does not glorify crimes against humanity,
  • does not incite racial hatred,
  • incites to discrimination, hatred of a person or a group of persons because of their origin or their belonging or not belonging to a specific ethnic group, nation, race or religion,
  • threatens a person or a group of persons,
  • is offensive, defamatory, racist, xenophobic, revisionist or damaging to the honor or reputation of others,
  • is not pornographic or pedophilic in nature,
  • incites to commit an offence, a crime or an act of terrorism or apology of war crimes or crimes against humanity,
  • incites to suicide,
  • is of a commercial or advertising nature, or appeals for donations or funding,
  • does not violate the privacy of correspondence,
  • does not directly or indirectly harm the image of the Site and more broadly that of Murmuration SAS, owner of the site,
  • does not prejudice the respect of the private life of persons and their right to image.
  • and more generally does not contravene any legal or regulatory provision.

In this respect, you may be held personally liable for your comments and any illicit comments they may have generated. Any measure of safeguard could be taken by the editor of the site.

In order to contribute to the defense of the values of the Flockeo.com Site, we invite you to announce the contents, which would be contrary to the good morals and the public order which we stated above, as well as the contents which would attack the rights of a third person. To do this, send us an email to the address contact(a)murmuration-sas.com

Responsability

MURMURATION cannot be held responsible for the unavailability, whether temporary or permanent, of the flockeo.com/en Web site and, although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, MURMURATION reserves the right, by voluntary action, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.

As previously mentioned herein, MURMURATION shall in no event be held liable for delays in the provision of a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

Hypertext links

This Site may contain links to third party sites. These links are provided solely as a convenience to you and the inclusion of these links does not imply any endorsement or guarantee of any of the linked sites. Access to these sites is the sole responsibility of the user.

Transmission of information by users:

  1. Any information or request for information that you may send to Murmuration via the flockeo site, via the chat or via the electronic messaging system to which the site may provide access, is considered non-confidential.
  2. You can also send your information or requests by mail to the address of Murmuration’s head office to the attention of the website’s publishing director.

Copyrights, trademarks and other intellectual property rights

This site and its contents are protected by copyright and/or other intellectual property rights which are the property of Murmuration or third parties. The brand, the logo, the graphic design of this site are registered trademarks with the INPI and works protected under intellectual property, whose property is exclusively MURMURATION. Any dissemination, exploitation, representation or reproduction, whether partial or complete, without the express authorization of the aforementioned company MURMURATION will expose the offender to civil and criminal proceedings.

The reproduction and use of the elements of this site (and any information incorporated therein such as, without limitation, articles, graphic images, photographs, diagrams, video recordings…) are authorized provided that:

1. This reproduction and its use are strictly for information, for non-commercial purposes within your organization to allow you to better know the company MURMURATION and its website Flockeo.com; 

2. The elements and information are not modified in whole or in part and in any way whatsoever.

3. Any other right of reproduction and/or use is expressly prohibited.

Protection of personal data

The information collected (for example, the number of pages viewed, the number of visits, as well as the activity of visitors on the site, and their frequency of return) are subject to computer processing for the analysis of visits.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, known as the “RGPD”, and with the “Data Protection Act” of 6 January 1978, as amended in 2004, and with the European Directive of 24 October 1995, you have the right to access and rectify any information concerning you, which you may exercise at the following address: contact@murmuration-sas.com

Each form or web service limits the collection of personal data to what is strictly necessary and automatic profiling is prohibited. We guarantee the intervention of a human being in any decision concerning you.

In any case, you can exercise your right to :

  • information
  • of suppression
  • opposition to being included in a file and to your data being distributed, transmitted or kept (for legitimate reasons that do not hinder the operation of the site or the service requested)
  • verification of your data by exercising your right of access
  • rectification of your inaccurate data
  • dereferencing of a content and no longer associating your name/first name with a visible content in a search engine (right to be forgotten)
  • to demand a copy of your data
  • to request the cessation of the use of your data (for legitimate reasons and which would not hinder the functioning of the site or the service requested)
  • The personal data collected within the framework of the services proposed on the Flockeo.com Site are treated according to protected protocols and make it possible the company Murmuration to manage the requests received in its data-processing applications.
  • For any information or exercise of your rights on the treatments of personal data carried out, you can also contact us by mail signed and accompanied by the copy of an identity paper at the following address

MURMURATION
15 Rue Victor Hugo
31150 BRUGUIERES

MURMURATION ensures a level of security that is appropriate and proportionate to the risks incurred as well as to their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures in no way constitute a guarantee and do not commit MURMURATION to an obligation of result regarding data security.

Cookies

To enable its users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer.

This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password). The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

Amicable settlement and dispute

In the event of difficulties arising during your use of the Flockeo.com site or about the present General Terms and Conditions of Sale, you commit yourselves to seek an amicable solution with the editor of the site. For this reason, you commit yourselves implementing this conciliation before the exercise of any recourse.

The present Terms and Conditions are governed by French law for all difficulties relating to their assessment, their validity and their execution. The French courts shall have sole jurisdiction to hear any dispute relating to the application and interpretation of these General Terms and Conditions of Sale.

Purchase of service

The services that are the subject of the T&Cs/GU are those that appear on the Site and that are provided directly by the Company or its partner service providers.

Any purchase of services, stays, trips, activities or other, made via the flockeo.com site through a connection with a third party is in no way under the responsibility of MURMURATION.

The service FlockEO Moment 

Service and prices

The Flockeo Moment services are described on the page https://flockeo.com/reserver-atelier-boost/ corresponding within the Site and mention made on their essential characteristics. The Company cannot be held responsible for the impossibility of the realization of the aforementioned service when the User is not eligible.

When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the service page corresponds to the prices in euros and takes into account the applicable discounts in force on the day of the Order. The price indicated does not take into account the incidental expenses which will be indicated if necessary in the summary before the validation of the order.

The Company reserves the right to modify its prices at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose content cannot be indicated with certainty a priori, a detailed estimate will be sent to the Customer.

Under no circumstances may a User demand the application of discounts that are no longer in effect at the time of the Order.

Payment terms and conditions

Unless otherwise provided, all sales are paid for in full at the time the Order is placed. Depending on the nature and amount of the Order, the Company is free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.

Payment may be made by credit card.

In the event of non-payment of all or part of the services by the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation used is the most recent one on the date of the Order for the provision of Services.

In addition to the late payment penalties, any sum, including the deposit, not paid on the due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.

In the event of non-observance of the conditions of payment described above, the Company reserves the possibility of cancelling or of suspending the sale.

The Flockeo Moments are events carried out in videoconference, last between 1 hour and 1h30 and are sold only on the Flockeo.com platform of MURMURATION.

The present general conditions of sale are systematically brought to the knowledge of each purchaser to enable him to place order. Consequently, the fact of placing order, implies the whole adhesion and without reserve of the purchaser to these general conditions of sale.

For any request for information, you can contact MURMURATION by e-mail at contact@murmuraion-sas.com and by post at the following address

MURMURATION
15 Rue Victor Hugo
31150 BRUGUIERES

Ticket prices and regulations

The prices of the tickets for the Flockeo Moments are indicated in Euro all inclusive of tax. All orders, regardless of their origin, are payable in Euro only.

A ticket for a Flockeo Moment cannot be refunded even in the event of loss, nor taken again except in the event of cancellation of a Flockeo Moment and decision by MURMURATION to refund the tickets.

A ticket can be exchanged 10 days before the date of the Flockeo Moment to attend another Flockeo Moment. A ticket may not be resold at a price higher than its face value.

MURMURATION reserves the right to modify its prices constantly but the products will be invoiced on the basis of the tariffs in force at the time of the recording of the orders.

Terms of payment

Currently, only paypal payment is accepted. This allows you to book your tickets online immediately and definitively. The cards accepted for the payment of an order in Moment’s ticket office are the CARTE BLEUE, VISA and EUROCARD networks.

Personal data

Personal data :

The personal data that you communicate allows us to carry out your transaction.

Moreover, these data, once recorded, allow you to attend the Flockeo Moment. They also make it possible MURMURATION to contact you in the event of cancellation or of modification of date, schedule of Flockeo Moment for which you reserved places.

This data is for the exclusive use of MURMURATION.

Request for Identity (IDCB):

We may ask you by email or telephone for additional information on the identity of the buyer (identity card) and the identity of the holder of the bank card used for payment, depending on the amount of your order and the existence of the buyer’s address.

You have at any time the right to access and rectify your personal data by mail or e-mail (art. 34 of the law “Informatique et LibertĂ©” of January 6, 1978).

Participation in the FlockeoMoment

Once you have purchased your tickets on the website, you will receive a confirmation email with your order details.

If you do not receive an email, please contact us at contact@flockeo.com

If you have ordered several tickets, you will receive an email from us asking you for the email addresses of your guests corresponding to the tickets you purchased so that we can contact them.

At the latest in the hour before your experience, you and/or your guests will receive a unique link to the videoconference room to connect, you will then be welcomed by a member of our team.

Only those who are eligible (buyers with a seat or guests) will be able to access the videoconference room, anyone not on this list will be excluded by MURMURATION.

In the event that the internet connection does not allow for the entire Flockeo Moment, tickets will be refunded. The Flockeo Moment may however be interrupted briefly during its course for technical reasons which may also affect its quality. This does not constitute a valid reason for a refund.

We ask you to respect all the speakers and participants of this Flockeo Moments. We reserve the right to exclude you in case of inappropriate comments. This exclusion does not constitute in any case a valid reason for requesting a refund.

Registration on pro.flockeo

The subscription to the Website is opened to all the legal entities and natural persons major of their full personalities and legal capacities.
The use of the services proposed on the Website is conditioned to the registration of the User on the Website.

The registration is linked to the validation of a free or paying subscription for tourism professionals, it is an annual subscription whose services and rates are described at the time of registration depending on the category. The rates can be reviewed at any time by Murmuration and are applicable to future subscriptions.

The registration allows to create a dedicated page which will appear on the Flockeo.com website provided that the information entered is sufficiently complete, and according to the subscription, allows access to the BTB directory of registered professionals.

Being a website advocating the values of a sustainable tourism, the customer commits himself proposing only products in line with ethical and sustainable tourism.

Other services are provided outside the platform. It is advisable for the professional to contact our teams if they have not done so via the address contact@flockeo.com.

To proceed with the registration, the User must fill in all the mandatory fields, without which the service cannot be delivered. Otherwise, the registration cannot be completed. Users guarantee and declare on their honor that all the information provided by them on the Website, in particular during their registration, is accurate and true. They undertake to update their personal information from the page dedicated to them and from their account.

Every registered User has a login and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the registered User. The registered user is personally responsible for maintaining the confidentiality of his login and password. The Company will not be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the latter can take the necessary actions and regularize the situation.

In the event of non-compliance with the Terms and Conditions, including the creation of multiple accounts for one person or the provision of false information, the Company reserves the right to provide for the temporary or permanent deletion of all accounts created by the offending User.

In the event of non-compliance with the Terms and Conditions, including the creation of multiple accounts for one person or the provision of false information, the Company reserves the right to provide for the temporary or permanent suppression of all accounts created by the offending User.

The suppression of the account entails the definitive loss of all benefits and services acquired through the Website. However, any Orders placed and invoiced by the Website prior to account suppression will be fulfilled under normal conditions. In the event of suppression of an account by the Company for failure to comply with the duties and obligations set forth in the Terms and Conditions of Sale, the offending User is expressly prohibited from accessing the Website directly, through another e-mail address or through a third party without the express authorization of the Company.

Moderation

You accept that your contributions, whatever their media and their nature, are moderated, i.e. read, deleted in the event that they do not respect the present Terms and Conditions.

B2B liability

Murmuration is not bound to any obligation of result concerning BtB and BtC commercial relations.

Moreover, Murmuration cannot be held responsible in any way for the quality or content of the services provided by its clients, nor for conflicts or disagreements that may arise between its clients or between a client and its own clients.

Suspension and termination of professional account subscription

The customer may terminate his subscription at any time, subject to a notice period of 1 month. The termination of the account and the suspension of all associated services will be effective upon receipt of a written request by e-mail and written by the person authorized by the company and after verification by Murmuration of his identity. This termination by the client does not entitle the client to any refund or compensation.

The termination of the account and the suspension of all associated services can be at the initiative of Murmuration, without any notice in case of :

Of nonconforming use of the services and functionalities of flockeo.com and pro.flockeo.com or of failure to the provisions of these GCU-CGV.

  • Of the non-observance of the Flockeo charter
  • Of the nonconformity with the engagements described on the page or indicated in the charter
  • Of broken contact (no answer to 4 solicitations) between Flockeo and the partner
  • In the event of pronounced liquidation of the partner
  • In the event of report of serious and proven faults of the partner

The accounts created to replace the suspended accounts will be also suspended. Your registration will then be deactivated. You will be informed of this deactivation by a message sent to your email address. Your registration will be reactivated, once you have made the necessary changes to comply with the TOS that you have accepted.

You are definitively unsubscribed when, during the period of suspension, the breach of the GCU-CGV has not been remedied within 15 days following notification of your unsubscription by e-mail to the address provided at the time of your registration.

Renewal of the contract

There is no tacit annual renewal except for free subscriptions, nor is there any refund possible during the subscription period.

The customer is notified before the end of the subscription and a renewal proposal is sent on the same level of subscription unless the customer has indicated another type of subscription or his wish not to renew.

If payment is not received within one month of the renewal invoice being sent, the subscription and all associated services will be suspended.

For the categories having access to the free offer, the publishing of the page on the website flockeo.com is maintained except contrary request of the customer.

Amicable settlement and dispute

In the event of difficulties arising in the course of your use of the website pro.flockeo.com or about the present GCS, you commit yourselves to seek an amicable solution with the editor of the site. As such, you commit yourselves implementing this conciliation before the exercise of any recourse.

The present CGU-CGV are governed by the French law for all difficulties relative to their appreciation, their validity and their execution. The French courts shall have exclusive jurisdiction over any dispute relating to the application and interpretation of these Terms and Conditions.

Professional subscriptions

The services covered by the Terms and Conditions of Sale/General Terms of Business are those listed on the Website and which are set out directly by the Company.

The subscription runs from the date of registration and for a period of 1 year. These data are included in the invoice that is sent to you by email following confirmation of your payment.

A welcome email is sent, summarizing all the services to which you have access according to your subscription.

Your page

At the time of your inscription (or renewal), the information seized on your services via your account are then presented and diffused with the general public on a dedicated page accessible since the site flockeo.com in the pages destination in which you propose a service.

To be put on line, the page must be complete, describe a durable commitment and propose ethical and durable services. The date of the beginning of the subscription is the date of the inscription and is not related to the date of putting online your page.

We advise you to complete your page as soon as possible to take full advantage of the promotion of your page on the site flockeo.com

Communication Services

Some subscriptions include communication services that are performed during the subscription period. These services are planned as best as possible in the month following registration or renewal over the duration of the subscription and confirmed at least one month before the service is performed.

Communication services cannot be postponed after the end of the subscription if they could not be rendered due to non-compliance with the following rules:

After 2 reminders by email from our communication department on the absence of information necessary for the realization of the service within the time limit.

If the contents are not in line with ethical and sustainable tourism and the editorial line of Flockeo.

Within the framework of its engagement in the Flockeo community, at the time of your inscription, you commit yourselves communicating on the fact of having joined Flockeo. This communication can be done by using a logo provided by the communication teams of Flockeo.

The FlockeoPartner who has subscribed to communication services on social networks has the right to 3 return exchanges by e-mail or message to make changes to the item that will be posted. After 3 exchanges, we retain the right to refuse more modifications.