Terms and Conditions of Service

1 Application of the Terms of Service

1.1 These Terms of Service (“ToS”) apply to all services (the “Services”) provided by Hunting Town, a société par actions simplifiée with share capital of 1,000 euros having its registered office located at 23 rue Hoche, 47000 Agen, France, registered under number 839 195 609 R.C.S. Agen (“Hunting Town”) to a customer acting in a professional capacity (the “Customer”).

1.2 Acceptance by the Customer of the quote provided by Hunting Town implies acceptance of these ToS. By accepting these ToS, the Customer agrees that its own terms and conditions of purchase or any other term stated on its documents are not applicable, unless otherwise agreed in writing by Hunting Town. The services agreement concluded between Hunting Town and the Customer (the “Agreement”) incorporates the quote provided by Hunting Town and accepted by the Customer and these ToS. These ToS are available at all time at the following link: https://www.virtual-team-building-tour.com/ (the “Website”). These ToS may be amended from time to time. The ToS applicable to the Agreement is the one in effect on the Website at the time of acceptance of the quote by the Customer.

2 Price and conditions of supply of the Services

2.1 Any request for Services from the Customer must be made email, to the address indicated on the Website, or by using the online contact form on the Website. When Hunting Town is able to provide the requested Services, Hunting Town will send a quote to the Customer, describing how the Services will be performed. Sales of Services will become firm and irrevocable only from the acceptance of the quote by the Customer.

2.2 Prices indicated on the Website are for information only and may vary depending on the number of participants to the activities proposed as part of the Services. Only the quote shall be considered as being a price offer to the Customer.

2.3 Services will be performed by Hunting Town at the date and on the conditions set out in the quote sent to the Customer. The quote will indicate which computer configuration is required for the proper performance of the Services (the “Configuration”). The Customer is solely responsible for ensuring that its Configuration, and the Configuration of its users, are in conformity with such requirement.

2.4 The Customer shall have a non-exclusive, non-transferable, worldwide right, limited to the term stated in the quote, to authorize individual users solely within its organization to use the Services for its own internal business purposes. The Customer shall use the Services and be responsible for ensuring that its users use the Services in compliance with the Agreement and all applicable laws and regulations.

2.5 The Services may include Google Maps™ mapping service and Google Street View™ mapping service features and content, which use is subject to the then-current version of Google Maps/Google Earth Additional Terms of Service available at https://www.google.com/help/terms_maps/ and Google Privacy Policy available at https://policies.google.com/privacy?hl=en-US. If the Customer or its users fail to comply with the applicable terms of the Google Maps/Google Earth Additional Terms of Service, Hunting Town may suspend or terminate the Customer’s use of the Services.

2.6 Hunting Town will send an invoice to the Customer after each supply of Services. Any invoice must be paid within 30 calendar days from the date of invoice, unless otherwise agreed in writing. In the event of late payment, Hunting Town can, without prejudice to its other rights and remedies and without a prior formal notice being necessary, invoice late payment penalties from the day following the due date, by applying to the amount due including taxes an interest rate equal to three (3) times the legal interest rate and apply a fixed indemnity of €40 for recovery costs, without prejudice to its right to claim all additional costs incurred for the recovery.

3 Guarantees and liability

3.1 Hunting Town guarantees the conformity of the Services with the specifications stated in the Agreement, subject to the provisions of clause 3.4 of these ToS.

3.2 Any claim for non-conformity of the Services must be made by the Customer within a period of eight (8) working days from the supply of the Services. Otherwise, the Services will be deemed to be in conformity with the Agreement and the Customer will be deemed to have waived any claim against Hunting Town in relation thereof.

3.3 Hunting Town’s guarantee is strictly limited to the reimbursement or the rescheduling of Services that are acknowledged to be non-compliant, to the exclusion of all other damages for any reason or loss whatsoever.

3.4 Hunting Town’ guarantee shall not apply and Hunting Town shall not be held liable (i) in case of a force majeure event as provided in clause 6 of these ToS, (ii) if the Services cannot be provided because of an act or omission from the Customer, (iii) in case of breach, by the Customer, of the Agreement or (iv) in case of inadequacy of the Customer’s Configuration.

3.5 The liability of Hunting Town towards the Customer is in any case limited to the amount (excluding taxes) paid by the Customer under the Agreement and Hunting Town cannot be liable for any commercial or non-tangible loss (including, without limitation, any loss of profit, savings, reputation or business interruption) or for any indirect loss suffered by the Customer.

3.6 The Customer acknowledges that the prices agreed in the Agreement take into account the exclusions and limitations of liability and guarantee provided for in this Agreement and that the Customer must therefore pay for or insure itself for any damage or loss related to these exclusions and limitations. These exclusions and limitations are also applicable to any recourse from the Customer’s insurers, whether direct or by subrogation.

4 Intellectual property rights

4.1 Hunting Town or its external providers or commercial partners hold any intellectual property rights on any content, including (but not limited to) the Website, riddles, drawings, technical and/or graphic contents, templates, tools, applications, etc., used and/or created (even upon the Customer’s request) in relation to the supply of Services to the Customer (the “Materials”).

4.2 The Customer and its users must not and must not permit any third party, without Hunting Town prior written consent to (i) sell, rent, use, license, , copy, reproduce or otherwise make available the Materials or the Services to any third party, (ii) modify, adapt, arrange, translate or create any derivative works of the Materials or the Services, (iii) reverse engineer or decompile the Materials, or (iv) remove or modify any proprietary markings or restrictive legends placed on any Materials

5 Personal data

5.1 Personal data collected from the Customer or any user of the Services is processed electronically by Hunting Town, in accordance with its Privacy Policy, available on the following link: https://www.hunting-town.com/politique-de-confidentialite/

6 Force majeure

6.1 In addition to the force majeure events defined by law, the following events are considered as force majeure events: strikes, epidemics, pandemics, civil unrests, natural disasters, government action, temporary of definite withdrawal, by Google, of Google Street View™ mapping service and Google Maps™ mapping service applications or of the authorization to use the Application Programming Interfaces (APIs) linked to those applications, dysfunction of the Website caused by its host or by hacking, dysfunction of telecommunication networks.

6.2 If a force majeure event occurs, the concerned party shall inform the other party immediately, by any written mean. The supply of Services may be rescheduled or canceled, without any damages being due to the Customer as a result.

7 Applicable law and jurisdiction

7.1 The Agreement is exclusively governed by French law.

7.2 ANY DISPUTE WHICH CANNOT BE AMICABLY SETTLED IN RELATION TO THE SERVICES OR THE AGREEMENT, INCLUDING ANY DISPUTE RELATING TO ITS INTERPRETATION, VALIDITY, PERFORMANCE, OR ITS END, WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS EVEN IN CASE OF SUMMARY PROCEEDINGS OR PROVISIONAL OR PROTECTIVE MEASURES, NOTWITHSTANDING ANY NUMBER OF DEFENDANTS, ANY ACTION ON A GUARANTEE OR OTHER THIRD PARTY PROCEEDINGS OR ANY COUNTERCLAIMS.

8 General

8.1 If any provision of this Agreement is declared unenforceable, illegal or invalid in any way whatsoever and for any reason whatsoever, this will not affect the validity of the other provisions of this Agreement and the parties shall cooperate in order to replace the unenforceable, illegal or invalid provision with another provision that has a similar economic effect or is as close as possible to the initial intent of the parties.

8.2 Failure from either party to act with respect to any right, power or privilege conferred on it hereunder, shall not be considered as constituting a waiver of said right, power or privilege, which may be exercised at any time.

8.3 The French version of these Terms and Conditions is the authentic version and shall prevail over its translation into any other language.