Terms and conditions

Updated on May 13, 2024

Part 1. General Terms and Conditions of Use Buyers

Preamble

The TAHITI WHATTODO Marketplace is a service offered by TAHITI WHATTODO, whose registered office is located at Afaahiti PK 60, BP 71038, 98719 Taravao, Tahiti, French Polynesia, registered under RCS number 22 424 B and Tahiti number F04479.

TAHITI WHATTODO has set up, on https://tahiti-whattodo.com (hereinafter the “Site”), a Marketplace enabling buyers of legal age (hereinafter the “Buyers” or “You”), after registration, to enter into contact with professional Sellers, also registered on the Site (hereinafter the “Sellers”), for the purpose of purchasing services (hereinafter the “Services”) offered at a fixed price (hereinafter the “Service”).

In order to use the Service, the Buyer must agree to be bound by these Buyer General Terms and Conditions of Use (hereinafter the “Buyer GTCU”) without restriction or reservation. This acceptance takes the form of a validation click when registering on the Site.

Sales made via the Service between Buyers and Sellers are governed by the Service’s General Terms and Conditions of Sale (hereinafter the “GTCS”), which must also be accepted by the Buyer at the time of each purchase, and which complete the present Buyer GTCU.

Article 1. Purpose

The purpose of the present Buyer GTCU is to define the conditions under which TAHITI WHATTODO makes available to Buyers, as part of the Service, technological tools used to purchase Services from Sellers.

Article 2. Description of the Service

The Service consists of a set of tools enabling Sellers to establish contact with Buyers in order to offer them Services for sale, to list and describe these Services, to accept orders placed by Buyers, to collect the price of the Services purchased and to manage after-sales service for the Services sold.

Transactions carried out via the Service for the purpose of selling Services are concluded directly between the Buyer and the Seller. TAHITI WHATTODO is in no way the Seller of the Services offered by the Sellers through the Service.

Article 3. Access to the Service

Access to the Service by Buyers is reserved for strictly personal use. When using the Service, the Buyer declares that he/she is acting in a private capacity.

In addition to accepting the present Buyer GTCU, access to the Service is subject to opening an account on the Site. To do so, you must provide the data required for identification. When opening this account, You undertake to provide only accurate information, and then to inform TAHITI WHATTODO without delay of any change affecting this information, using the messaging tool made available to you as part of the Service.

To use the Service, you must use the username and password created when you opened your account. You undertake to keep them secret and not to divulge them to any third party. You will be solely responsible for access to the Service using your login and password, unless there is evidence of fraudulent use for which you are not responsible.

In the event of loss, misappropriation or fraudulent use of your login and/or password, you agree to immediately notify TAHITI WHATTODO customer service.

Article 4. Service price

Opening an account and using the Service are free of charge, with no obligation to purchase anything on the Site. Only the purchase of Services from Sellers is subject to payment, in accordance with the conditions set out in the GCS.

Article 5. Personal data

Your personal data is processed by TAHITI WHATTODO as the data controller.

• Purposes :

Information relating to your account and your orders is processed to create and manage your account, manage your orders and their follow-up, as well as for the purposes of fraud prevention, statistical analysis and customer knowledge. TAHITI WHATTODO also uses your data for marketing and targeted advertising purposes (sending electronic communications, postal or telephone canvassing and advertising profiling by combining data) on its own behalf or on behalf of partners as part of its advertising network. Depending on your choices, your contact data and profile information may be transmitted to advertising agencies or commercial partners for the purposes of commercial prospecting and targeted advertising.

Unless you object, your telephone number may be used for telephone canvassing by TAHITI WHATTODO or its partners. You can read and refuse at any time the use of your data related to commercial prospecting and advertising profiling on the Personal Data page here.

• Data transfer :

Your data is transferred to Sellers for purposes strictly limited to managing the orders you place with them, as well as to enable them to meet their legal and regulatory obligations where applicable.

• Your rights :

With regard to data processed for the purpose of identifying your bike, you may exercise your rights (access, rectification, limitation) directly with the authorized operator. The right to object is not applicable to this processing, as identification is necessary for the sale of the bike.

You may exercise your rights (access, rectification, deletion, opposition, limitation and portability where applicable) by contacting TAHITI WHATTODO’s Data Protection Officer by e-mail at “direction@tahiti-whattodo.com” or by post: TAHITI WHATTODO BP 71038, 98719 Taravao, Tahiti, French Polynesia.

For more information on the processing and protection of your personal data, please consult the TAHITI WHATTODO privacy policy at www.tahiti-whattodo.com.

Article 6. Intellectual property rights

All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the French Intellectual Property Code. Any reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly forbidden.

The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly forbidden and requires the prior written authorization of the trademark owner.

Certain Services are subject to personal and specific rights of use which regulate copying, public broadcasting, rental, etc. You must comply with the contractual terms and conditions applicable to your use of these Services. You must respect the contractual conditions applicable to these Services and TAHITI WHATTODO cannot be held responsible for any use that may be made of these Services in this context.

Article 7. Liability

TAHITI WHATTODO’s liability towards the Buyer can only be engaged for facts which are directly attributable to it and which cause prejudice directly linked to these facts. TAHITI WHATTODO cannot be held liable for indirect damages. TAHITI WHATTODO shall not be held liable for any misuse of the Service by the Customer or for any fault on its part. Nor shall TAHITI WHATTODO be held liable for facts attributable to a third party to the Service.

In addition, TAHITI WHATTODO shall not be held liable for any content made available on the Site by the Buyers or the Sellers, in particular with respect to the description of the Services or the assessments made by the Buyers of the Sellers, unless TAHITI WHATTODO does not promptly render such content inaccessible after having been informed of its illegality.

Finally, TAHITI WHATTODO declines all responsibility for sales and reservations made by Buyers through its Service with Sellers, to which it remains unrelated. Any complaint relating to the comments appearing on the description of the Services will be redirected to the designated Seller, who will assume full and sole responsibility in this respect.

The Buyer is solely responsible for the use he makes of the Service, in particular the assessments he makes on the Site, and undertakes to indemnify and compensate TAHITI WHATTODO on first demand for any damage, loss or loss of profit that TAHITI WHATTODO may suffer if its liability is engaged by a third party as a result of an action related to the use of the Service by the Buyer.

Article 8. Partial nullity

If one or more stipulations of these Buyer GCU are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain all their force and scope.

Article 9. Applicable law – Jurisdiction

The present Buyer GCU are subject to the law applicable in French Polynesia. Any dispute relating to their interpretation and/or performance shall be settled by the Courts of Papeete, notwithstanding multiple defendants or third-party claims, including for summary proceedings or proceedings on petition.

Part 2. Terms and Conditions of Use Sellers

Preamble

The Marketplace is a service offered by TAHITI WHATTODO, a sole proprietorship whose registered office is located at Afaahiti PK 60, BP 71038, 98719 Taravao, Tahiti, French Polynesia, registered under the number Tahiti F04479.

TAHITI WHATTODO has set up, on www.tahiti-whattodo.com (hereinafter the “Site”), a Marketplace enabling major Sellers (hereinafter the “Sellers” or “You”), after registration, to enter into contact, through its intermediary, with individual buyers (hereinafter the “Buyers”), also registered on the Site, for the purpose of selling services (hereinafter the “Services”) at firm prices (hereinafter the “Service”).

In order to use the Service, the Seller agrees to be bound by these Seller Terms and Conditions of Use (hereinafter the “Seller GTCU”) without restriction or reservation. This acceptance takes the form of a validation click when registering on the Service.

The rights and obligations arising from the relationship between TAHITI WHATTODO and the Seller are personal, non-assignable and non-transferable.

Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter the “GTCS”), which are deemed accepted by the Seller on each order confirmation; they supplement the present Seller GTCU.

TAHITI WHATTODO invites You to read the Terms and Conditions by clicking on the Sellers Terms and Conditions.

TAHITI WHATTODO reserves the right to modify the present Terms and Conditions. Any modification will take effect within the time period indicated by TAHITI WHATTODO for the Online Services when notifying the Seller. They will not apply to transactions in progress at the time of their entry into force.

Article 1. Purpose

The purpose of the present Seller Terms and Conditions is to define the conditions under which TAHITI WHATTODO makes available to Sellers, within the framework of the Service, technological tools enabling Sellers to offer the Services for sale.

Article 2. Description of the Service

The Service consists of a set of tools enabling Sellers to establish contact with Buyers, in order to offer them Services for sale, to list and describe these Services, to accept orders placed by Buyers, to collect the price of Services purchased and to manage after-sales service for Services sold.

Transactions carried out via the Service for the purpose of selling Services are concluded directly between the Buyer and the Seller. TAHITI WHATTODO is in no way the Seller of the Services offered by the Sellers via the Service.

Furthermore, in the event of non-compliance with the present Seller Terms and Conditions, TAHITI WHATTODO reserves the right to temporarily or permanently interrupt access to the Service to the Seller concerned, by suspending or terminating the present Terms and Conditions under the conditions set forth in article 8.

As a matter of principle, the Seller is responsible for all taxes, duties and levies due in respect of the transaction it concludes with a Buyer.

For each transaction with a Buyer, the Seller acknowledges that it is fully liable for any customs duties due, and undertakes to pay them in full.

In the event of failure by the Seller to comply with these obligations, TAHITI WHATTODO reserves the right to recover from the Seller the costs associated with this recovery carried out by TAHITI WHATTODO on behalf of the latter.

Article 3. Access to the Service

In addition to acceptance of these Vendor Terms and Conditions, access to the Service is subject to opening an account on the Site.

To access the Service, you must provide your identification details and contact information. When opening this account, You agree to provide only accurate information, and then to inform TAHITI WHATTODO without delay of any change affecting it.

Access to the service is limited to the opening of a single account; any duplicate account will be immediately deleted unless previously validated by TAHITI WHATTODO.

TAHITI WHATTODO reserves the right to terminate an account if it has one or more elements in common with an account previously terminated for default.

To use the Service, you must use the username and password created when you opened your account. User IDs and passwords are the sole responsibility of the Seller. The Seller undertakes to take all necessary measures to ensure that they are not made known to third parties or used by unauthorized persons. The Seller is responsible for preserving the confidentiality of logins and passwords. In this respect, the Seller is responsible for the consequences of the loss or misappropriation of identifiers and passwords.

In the event of loss, misappropriation or fraudulent use of your login and/or password, the Vendor undertakes to immediately notify the sales department from the Vendor account login page.

The Seller shall be liable for any unauthorized access, damage, disruption and harmful consequences caused by your failure to keep your login and password confidential.

Article 4. Obligations relating to transactions carried out via the service

4.1 General obligations

The Seller must identify itself to Buyers as acting or not acting in a professional capacity. He expressly undertakes to identify himself as acting in the capacity of a professional Seller whenever he sells Services via the Service on a regular basis and for profit-making purposes.

The Vendor undertakes to comply with the legislation applicable to the exercise of a commercial activity (in particular, registration, accounting, social and tax obligations). The Seller may be required to file tax and social security returns in connection with the sale of services on the Site. The French tax authorities provide information sheets detailing the Seller’s tax and social security obligations.

In addition, the Vendor undertakes to provide TAHITI WHATTODO with all the data required to comply with the declaratory obligations to which TAHITI WHATTODO is subject. In this context, the Vendor certifies that the data transmitted is correct and undertakes to spontaneously notify TAHITI WHATTODO in the event of modification of one or more data collected and declared.

The Vendor also undertakes to comply with the laws and regulations applicable to it in its capacity as a professional, particularly with respect to the Services it sells on the Site.

The Vendor undertakes to use its best endeavors to meet its obligations by providing a quality service to Buyers.

To this end, the Vendor undertakes to respond to e-mails from TAHITI WHATTODO’s Customer Service and Sales Departments as well as to e-mails from Buyers within two (2) business days of their receipt, in the French language.

All exchanges between the Seller and TAHITI WHATTODO are strictly confidential. The Vendor therefore undertakes not to disclose the content of these exchanges to any third party.

The Vendor undertakes not to use, and without this list being limitative, visuals or commercial names, pseudonyms or to make remarks or other messages which would be offensive, contrary to public order or morality, which would infringe the rights of persons or the intellectual property rights of third parties, the laws and regulations and the TAHITI WHATTODO brand image. Failing this, TAHITI WHATTODO reserves the right to temporarily or permanently interrupt access to the Service by the Vendor concerned, by suspending or terminating these terms and conditions under the conditions set forth in article 8.

The Seller undertakes to maintain a positive balance on its account at all times.

4.2 Obligations relating to offers of Services on the Site

The Seller undertakes and guarantees that it will only sell Services of which it is the owner or over which it has the rights allowing it to sell them. It guarantees that they do not in any way contravene applicable laws, regulations and standards, whether mandatory or not, and that they do not infringe the rights of third parties. The Seller is solely responsible for the sale of the Services offered on the Service.

In particular, the Vendor refrains from offering on the Site, without this list being limitative: Services that offend public decency; Services that incite discrimination based on race, sex, religion, nationality, physical abilities, sexual orientation or age.

In the description associated with the Services offered on the Site, the Vendor undertakes to act in good faith. The Seller is solely responsible for the accuracy of the information contained therein, and undertakes to ensure that it does not mislead potential Buyers as to the characteristics of the Service, the associated guarantees, or its price. The Vendor provides Buyers with all information enabling them to know the essential characteristics of the service.

The Vendor further undertakes to ensure that the illustrations/visuals provided in the description associated with the Services it offers (photographs, drawings, etc.) comply with the Services thus illustrated and respect the rights of third parties and that they do not infringe public order or morality. The Customer warrants to TAHITI WHATTODO that it has the rights, in particular intellectual property rights, pertaining to these illustrations, which allow it to use them in order to present the Services.

TAHITI WHATTODO may delete any information placed online on the Site by a Seller in the event of notification by a third party of the illicit nature of such information or of a violation of a right.

4.3. Obligations relating to the price of Services

The selling price of the Services is freely defined by the Seller, in compliance with the laws and regulations in force.

This price must be stated on the Site inclusive of all taxes and charges (in particular VAT, where applicable).

The Buyer may not be asked to pay any sum other than that shown on the Service description sheet.

4.4 Obligations relating to the sale of Services

Contracts for the sale of Services offered by the Vendor on the Site are concluded between the Vendor and the Buyer. The Vendor undertakes to offer on the Site only Services that are available, and to remove without delay from the Site any offer relating to Services that are no longer available. The Seller is solely responsible in the event of unavailability of the Service, which is under his sole control.

TAHITI WHATTODO informs the Vendor by e-mail and through its Vendor interface on the Site, when a Service it has put online has been ordered by a Buyer.

The Vendor must then confirm the order concerned within 2 working days following receipt of the information referred to in the preceding paragraph.

Therefore, the Vendor undertakes to consult regularly, and at least once per working day, its e-mails received at the address provided to TAHITI WHATTODO when opening its account and, thereafter, in the event of any change affecting such information, in order to be able to confirm the Services ordered by the Customers.

Confirmation of the order by the Vendor implies a firm commitment by the Vendor to carry out the Service within the period referred to in paragraph 4.5 (v) below Failing a response from the Vendor within the period referred to in the preceding paragraph, the sales contract will be automatically cancelled and the Vendor’s account will be suspended.

In the event of absence or unavailability of more than 2 working days, the Seller must temporarily suspend the online publication of its Services for sale.

The Seller undertakes to honor at least 95% of the orders for the Services offered for sale on the Site since the opening of its account. Failing this, TAHITI WHATTODO reserves the right to temporarily or permanently interrupt access to the Service to the Seller concerned, by suspending or terminating these terms under the conditions set out in Article 8.

4.5. Obligations relating to the performance of the Services

The Seller undertakes to take all necessary care to perform the Service.

TAHITI WHATTODO shall send the Seller, no later than 24 hours following the Buyer’s order, the information relating to the Buyer allowing it to organize the performance of the Service.

4.6. Obligations relating to disputes relating to the Services

In general, the Seller undertakes to implement, in good faith, all necessary means to fulfill its obligations by providing a quality service to Buyers.

At any time, the Buyer has the possibility to contact the Seller, to address any request, complaint relating to the Services ordered by using the messaging tool made available as part of the Service, in particular to assert its guarantees when they are in force.

In addition to the messaging tool, a dedicated button is made available allowing any Buyer to report in their account, and within 90 days for purchases made from a professional Seller, any complaint concerning the Services ordered.

Beyond these deadlines, the Buyer retains the possibility of contacting the Seller, of making any request relating to the Services ordered using the messaging tool made available as part of the Service.

In the event of a complaint from a Buyer concerning a Service, including when the Seller is informed of said complaint through the information tool made available to them in the Service and/or by sending an email from TAHITI WHATTODO, the Seller is personally responsible for resolving the dispute between them and the Buyer. Disputes are settled directly between the Buyer and the Seller, where applicable using the messaging tool made available to them on the Service. The Seller shall make its best efforts to resolve the dispute between it and the Buyer amicably.

However, in the event that the Seller has not resolved the dispute between it and the Buyer within 8 working days of receipt of the complaint, TAHITI WHATTODO reserves the right, after having previously informed the Seller, to reimburse the Buyer for the Service. This same amount will then be deducted from the sums to be paid by TAHITI WHATTODO to the Seller for the Services sold by the Seller via the Service.

If the Buyer’s dispute proves to be well-founded, the Seller will either organize the Service ordered or provide a refund.

In the event that the Buyer exercises the right of withdrawal, TAHITI WHATTODO, in its capacity as a trusted third party, will reimburse the amounts paid no later than 14 days from the date on which the right was exercised by the Buyer with the Seller and TAHITI WHATTODO was informed thereof. This reimbursement is possible as long as the Service has not been performed. The reimbursement will be made by the same means of payment used by the Buyer (by crediting the bank card). This amount will then be deducted from the amounts owed by TAHITI WHATTODO to the Seller for sales of the Services. However, in the event that the Seller’s account is in debit by more than 20,000 CFP francs, the reimbursement of the Service by the Buyer will then be made directly by the Seller to the Buyer.

TAHITI WHATTODO reserves the right, for Sellers who have made at least 5 sales, to suspend or terminate these terms and conditions under the conditions set out in Article 8 if the Seller reaches a complaint rate of more than 5% of its orders.

4.7. Failure to comply with obligations by the Seller

It is recalled that TAHITI WHATTODO reserves the right to permanently or temporarily suspend access to the service to the Seller concerned in the event of non-compliance with its obligations, as set out in Article 8.

Article 5. Financial provisions

TAHITI WHATTODO receives a commission on sales whose price is greater than 5,000 francs. This commission is made up of a variable percentage of the sale amount and a fixed sum of 1,000 francs.

Payments on the Site, by Buyers, are made by debit/credit card or bank transfer via the Payzen payment solution of the Oceanian Services Business (OSB).

After confirmation by the Buyer of the performance of the Services purchased, TAHITI WHATTODO pays the Seller the amount of the price of the order in question, after deduction of its commission.

Payment will be made by transfer to the bank account whose details were provided by the Seller in “My account” after said confirmation, on the 1st day of the following month.

In the absence of confirmation of the performance of the Service by the Buyer and in the absence of a dispute by the Buyer brought to the attention of the Seller within the time limit given to the Buyer to do so, the Service will be deemed to have been performed 21 days following the date of debit from the Buyer’s bank account or following the date of performance of the Service.

TAHITI WHATTODO reserves the right to suspend payment of the sums owed to the Seller in the event of a breach by the Seller of its obligations.

Article 6. Seller Evaluation

TAHITI WHATTODO provides Buyers with means enabling them to evaluate the performance of Sellers following confirmation of the completion of the ordered Service, thus enabling Buyers to select Services from the most serious Sellers who best comply with the conditions of use of the Service.

The assessment is carried out according to evaluation criteria and by awarding stars.

Article 7. Ranking of offers

7.1. Ranking criteria for Seller offers visible on the Service sheets

The ranking criterion for the seller at the top of the service sheet is based on quality criteria such as rating, seller complaints and their professional quality.

7.2. Ranking criteria on the results pages

By default, the offers appearing on the results pages resulting from a search are ranked according to their relevance to the Internet user’s search.

It is nevertheless possible for the Internet user to modify this ranking on the results page by selecting a different sorting criterion according to:

• The title
• New products
• The cheapest prices
• The most expensive prices
• Internet users’ ratings

Article 8. Suspension – Termination

8.1. These General Conditions of Use are concluded for an indefinite period. Each Party may therefore terminate the T&Cs at any time without having to justify it, subject to compliance with a notice period of two (2) months.

8.2. In the event of a breach by the Professional Seller of any of its obligations, TAHITI WHATTODO may, after formal notice sent by any means remaining without effect for a period of 30 days, terminate this Contract by simply sending a registered letter with acknowledgment of receipt.

8.3. In the event of a serious and/or repeated breach by the Seller of its obligations or affecting its accounts, such as, but not limited to: fraud, non-compliance with its tax obligations or tax commitments set out in Article 2 hereof, insulting remarks, counterfeiting, infringement of third-party rights, non-compliance with at least one of the quality indicators, etc., TAHITI WHATTODO may terminate these T&Cs without notice and without the Seller being able to claim any compensation.

Article 9. Mediation service for consumer disputes

TAHITI WHATTODO offers Buyers a mediation service for consumer disputes relating to transactions carried out through the Service.

The mediation costs will be re-invoiced by TAHITI WHATTODO to the Seller.

Article 10. Personal data

Your personal data as a “Seller” are processed by TAHITI WHATTODO and by the OSB acting respectively as data controllers implemented within the framework of the Service, namely:

Processing carried out by TAHITI WHATTODO :

• Management of registration and monitoring of seller accounts;
• Contact with buyers;
• Development of commercial statistics;
• Management of requests for the right of access, rectification and opposition;
• Operations relating to commercial prospecting and advertising profiling;
• Prevention of fraud and risk management;

Processing carried out by the OSB :

Execution of the contract, management of payment of the order, collection, fight against money laundering and the financing of terrorism, fight against fraud, risk management, reporting, provision of payment services, compliance with applicable regulations.

These treatments are based on different legal bases: contractual execution (management of the commercial relationship and the account agreement) and/or the legitimate interest of TAHITI WHATTODO and the OSB (fraud, assessment and risk management), and/or consent and/or fall under legal obligations to which TAHITI WHATTODO and the OSB are subject, in particular, prevention of money laundering, fight against corruption, fight against the financing of terrorism and management of financial embargoes, in particular to fulfill its reporting obligations and/or due diligence required under the applicable regulations.

For the purposes of the purposes described above, TAHITI WHATTODO and the OSB may communicate certain information to service providers, other companies in their respective groups or business partners.

You have the possibility to object to this communication, while proving your identity, by mail addressed to: TAHITI WHATTODO, BP 71038, 98719 Taravao, Tahiti, French Polynesia.

TAHITI WHATTODO also collects certain data exclusively on behalf of the OSB, which is the sole recipient.

The data collected by TAHITI WHATTODO is kept for the longest period necessary to comply with the applicable legal and regulatory provisions or another period taking into account operational constraints.

In accordance with the regulations on the protection of personal data, you can exercise your rights (access, rectification, deletion, opposition, limitation and portability where applicable):

• with TAHITI WHATTODO by mail: BP 71038, 98719 Taravao, Tahiti, French Polynesia.
• with the OSB at the address provided in the privacy policy accessible on the site “www.osb.pf“.

In order to respond quickly, you will need to indicate your surname, first name, email address and postal address. Certain requests to exercise your rights (right of access) must be accompanied by a photocopy of an identity document bearing your signature in order to verify your identity and specify the address to which the response should be sent. A response will then be sent to you within one (1) month following receipt of the request.

At any time during the risk analysis conducted by TAHITI WHATTODO as part of fraud prevention, you may submit your observations.

You also have the right to file a complaint with the National Commission for Information Technology and Civil Liberties (CNIL), in particular on its website “www.cnil.fr“.

TAHITI WHATTODO has a Data Protection Officer (DPO) responsible for ensuring the protection of personal data. You can contact the Personal Data Protection Officer of TAHITI WHATTODO at the address “direction@tahiti-whattodo.com“.

For more information on the processing carried out by TAHITI WHATTODO, see the privacy policy here.

With regard to data relating to the Seller’s Service orders collected as part of the Service, TAHITI WHATTODO will inform Buyers that they are intended for TAHITI WHATTODO, and that the information necessary for the performance of the Services will be transferred, for this sole purpose and where applicable for the purposes of enabling it to meet its legal obligations, to the Seller.

The Seller irrevocably undertakes to use the Buyer’s personal data transmitted to it by TAHITI WHATTODO solely for the purposes of performing the Services and to enable it to fulfill its legal obligations, in particular in terms of identifying cycles where applicable. It undertakes not to keep any copies thereof once it has carried out the Services ordered. Any other use, rental, sale, resale or copying by the Seller is prohibited. In this context, the Seller may be required to receive information by email relating to the Service from TAHITI WHATTODO.

In order to combat fraud (failure to perform Services, unpaid bills, etc.) or inappropriate behavior by the Seller (complaints, poor reviews or insufficient satisfaction rates, etc.) and thus ensure optimal quality of service for Service Users, the Seller’s personal data collected on the site are processed by TAHITI WHATTODO to determine the level of fraud and trust risk associated with the Seller account. As part of this analysis, TAHITI WHATTODO may question its service providers specializing in risk prevention to refine its analysis. Some of these service providers are also made recipients of the results of the analysis carried out and may use it on their behalf to feed their own incident file. Certain data relating to the terminal associated with the Seller account may also be transferred to the United States. TAHITI WHATTODO takes all necessary measures and guarantees to secure these transfers.

Messages exchanged between the Seller and the Buyer through TAHITI WHATTODO are kept by TAHITI WHATTODO and may be used to prove inappropriate behavior by the Seller.

TAHITI WHATTODO may, depending on the results of the check carried out on the Seller accounts (upon registration and during the life of the account), the trust index assigned to the Seller account or the Seller’s behavior, take measures, such as refusing to register the Seller on the Marketplace, temporary suspension or permanent closure of the Seller account. These measures may also have the effect of suspending payment to Sellers in the event that the Seller has not or may not carry out the Services. The occurrence of an incident (failure to perform a Service, unpaid amount concerning TAHITI WHATTODO, account closure, negative trust index, etc.) may result in the registration of data relating to the account in the TAHITI WHATTODO alert file, which may, during future connections or registrations by Sellers, lead TAHITI WHATTODO to carry out additional checks or refusals of registrations by Sellers.

At any time during the risk analysis conducted by TAHITI WHATTODO, you may submit your observations by writing to TAHITI WHATTODO by mail at the address BP 71038, 98719 Taravao, Tahiti, French Polynesia. In addition, in accordance with the Data Protection Act of 6 January 1978 as amended, you have the rights of access, rectification, deletion and opposition. To exercise these rights, you can send an email to the address “direction@tahiti-whattodo.com” or by post: TAHITI WHATTODO BP 71038, 98719 Taravao, Tahiti, French Polynesia, indicating your surname, first name, email address and if possible your customer reference.

When you receive data from TAHITI WHATTODO for purposes strictly limited to the execution of orders, you act as data controller. In the event that you use subsequent subcontractors, you put in place procedures allowing you to ensure that they can only process the data that you communicate to them on your express instructions and that they are bound by the same obligations as you in terms of protection of personal data. You acknowledge that you are implementing appropriate technical and organizational measures to protect this data against any attack on its availability, integrity or confidentiality.

Article 11. Intellectual property

11.1. – All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law, for the entire duration of protection of these rights and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any total or partial reproduction or representation of the Site or of all or part of the elements found on the Site is strictly prohibited.

11.2. – The company names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark holder.

11.3. – TAHITI WHATTODO reserves the right to use the Seller’s intellectual property rights in the context of the Service.

Article 12. Liability

The Seller guarantees and will indemnify TAHITI WHATTODO upon first request against any damage suffered by TAHITI WHATTODO and against any liability action that would be brought against TAHITI WHATTODO due to the violation by the Seller of any right of a third party, including a Buyer, whether this damage results from the sale of Services, the use made by the Seller of the Service, or any other fact that would be attributable to it.

TAHITI WHATTODO’s liability towards the Seller can only be incurred for facts that would be directly attributable to it and is in any event limited to the amount corresponding to the orders placed in the previous month. It cannot be incurred for indirect damages, in particular the loss of opportunity to sell Services in the event of unavailability of the Service. TAHITI WHATTODO’s liability cannot be incurred due to the misuse of the Service by the Seller.

TAHITI WHATTODO declines all responsibility regarding sales concluded between Sellers and Buyers through its Service. Any complaint relating to the Services (description, performance of the Service, conditions of use, etc.) that would be brought to the attention of TAHITI WHATTODO will be transmitted to the Seller concerned, who will assume full and sole responsibility.

Article 13. Partial nullity

If one or more provisions of these Seller T&Cs are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.

Article 14. Applicable law – Attribution of jurisdiction

These Seller T&Cs are subject to the law applicable in French Polynesia.

For any dispute that may arise between TAHITI WHATTODO and a professional Seller relating to the existence, interpretation or execution of this contract, prior to any legal proceedings, the parties may resort to mediation.

The parties may only resort to one mediator.

In the event of failure of mediation, the dispute shall be settled by the Courts of Papeete, notwithstanding multiple defendants or third-party claims, including for summary proceedings or on petitions.

Article 15. Anti-Corruption

The Parties agree that, at all times in connection with and throughout the term of the Contract, and thereafter, they will comply with and take reasonable steps to ensure that their subcontractors, agents or other third parties, subject to their control or decisive influence, will comply with the following provisions.

The Parties shall prohibit the following practices at any time and in any form, with respect to any international, national or local public official, political party, party leader or candidate for political office, and any director, agent or employee of a Party, regardless of whether such practices are undertaken directly or indirectly, including through third parties:

a) Corruption means offering, promising, giving, authorising or accepting any undue pecuniary advantage or other undue benefit to, from or for any of the above persons or for a third party for the purpose of obtaining or retaining business or other undue advantage, e.g. in connection with public or private procurement contracts, regulatory permits, taxation, customs or judicial and legislative proceedings.

Corruption includes, but is not limited to:

i. The delivery of any part of a contract payment to a government or party official or to employees of the other Contracting Party, their relatives, friends or business partners or through intermediaries such as agents, subcontractors, consultants or other third parties, in order to direct payments to a government or party official or to employees of the other Contracting Party, their relatives, friends or business partners.

ii. Extortion or solicitation means the demand for a bribe, whether or not accompanied by a threat if the demand is refused. Each Party shall oppose any attempt at extortion or solicitation and is encouraged to report such attempts through available formal or informal reporting mechanisms, unless such reporting is deemed to be counterproductive in the circumstances.

b) Influence peddling consists of offering or soliciting an undue advantage in order to exercise improper influence, real or supposed, with a view to obtaining from a public or private official an undue advantage for the initial instigator of the act or for any other person.

c) Laundering the proceeds of the aforementioned corrupt practices consists of concealing or disguising the illicit origin, source, location, disposition, movement or ownership of property, knowing that such property is the proceeds of criminal activity. The terms “corruption” or “corrupt practice(s)”, as used in this TAHITI WHATTODO Anti-Corruption Clause, include bribery, extortion or solicitation, influence peddling and laundering the proceeds of such practices.

Part 3. General Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (hereinafter the “GTC”) apply in addition, with respect to Buyers, to the Buyer GTC and, with respect to Sellers, to the Seller GTC, in which the capitalized terms used in these GTC are defined.

The GTC apply to all sales of Services made through the Service between the Seller and the Buyer. They are intended to govern the relationships between Sellers and Buyers of Services, excluding those established between Buyers and TAHITI WHATTODO or between Sellers and TAHITI WHATTODO. The relationships between Buyers and TAHITI WHATTODO are governed by the Buyer GTC. The relationships between Sellers and TAHITI WHATTODO are governed by the Seller GTC.

TAHITI WHATTODO is not the Seller of the Services purchased through the Service; only the Seller, whose name is indicated on the description sheet of each Service, is the Buyer’s co-contractor for the purchase of said Services. The Services may therefore not be returned or exchanged by TAHITI WHATTODO.

Article 1. Conclusion of the sales contract between the Buyer and the Seller

1) The Services are presented on the Site with a description enabling the Buyer to know their essential characteristics, their price and completion time.

2) The Buyer selects the Service(s) he wishes to purchase.

3) He confirms his choice of Service(s) and acknowledges and accepts these General Terms and Conditions when confirming his order.

4) The Buyer receives an email confirming the registration of his order.

5) The Seller is informed by TAHITI WHATTODO that one or more of the Services that it has put online has been the subject of an order.

6) The Seller undertakes to confirm the Buyer’s order(s) within 2 working days following the information received as referred to in point 5).

In the absence of confirmation of the order within the period referred to in point 6), the contract concluded between the Buyer and the Seller is automatically cancelled and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited.

The Seller’s Service offers are valid as long as they are visible on the Site, within the limit of available stocks. Generally speaking, in the event of exceptional unavailability of the Service after the Buyer has placed an order, the Seller will inform the Buyer using the messaging tool made available as part of the Service and the order will be automatically cancelled and the Buyer is assured that his bank account will not be debited.

Similarly, in the specific case where the same Service is the subject of an order by several Buyers at the same time, and depending on the availability of this Service, it will only be sold to the first Buyer who registers and pays for his order. The other Buyers will then be informed of the cancellation of their order.

However, only the contract relating to the sale of the unavailable Service(s) is affected by this cancellation.

7) Once the order has been confirmed by the Seller, an email is sent to the Buyer to confirm and summarize his order as well as the General Terms and Conditions of Sale (available in pdf format) and the Seller makes a firm commitment to deliver the Services within the specified time frame and the Buyer’s bank account is debited for the amount of the order.

8) In the event of confirmation of all or part of the Buyer’s order, said Services are shipped by the Seller in accordance with the terms set out in Article 3.

9) The Buyer must confirm without delay in “My Account” the proper completion of each Service ordered. Failing this, the Service will be deemed to have been completed within 21 days from the date of debiting his bank account.

The Buyer may, at any time, contact the Seller, address any request or complaint relating to the Services ordered using the messaging tool made available as part of the Service.

10) The Buyer is invited to evaluate the Seller’s performance according to the terms set out in Article 7.

Article 2. Price and payment

The purchase price of the Service is set by the Seller. It is stated in Pacific francs including tax on the description sheet.

The fact that the Buyer validates his order implies the obligation on his part to pay the indicated price.

Payment for purchases made through the Service can be made using the payment methods indicated in the “Payment methods” section with TAHITI WHATTODO, which collects the corresponding amount, in the name and on behalf of the Seller.

Article 3. Right of withdrawal

In the context of a purchase made from a Seller, the Buyer has the possibility of canceling his order before the Service is performed, without having to provide reasons or pay a penalty.

Only the price of the Service(s) purchased will be refunded.

The Buyer exercises his right of withdrawal directly with the Seller concerned using:

• the “Cancel order” button on the page dedicated to his order on the Site,
• the standard withdrawal form attached in the Appendix to be sent to the Seller at the address that he will indicate during their exchanges via the messaging tool made available as part of the Service,
• or by any means and in particular by email expressing the Buyer’s wish to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal using the messaging tool made available to him as part of the Service.

The reimbursement of the Services is made by TAHITI WHATTODO under the following conditions:

TAHITI WHATTODO will reimburse the sums paid no later than 14 days from the date on which the right was exercised with the Seller and that TAHITI WHATTODO has been informed; using the same means of payment as that used for the order. This reimbursement date may be deferred until the Service has been completed or until the Buyer has simultaneously provided the Seller and TAHITI WHATTODO with proof of the non-performance of the Service, the date chosen being that of the first of these facts.

Any exercise of the right of withdrawal must be reported in advance to TAHITI WHATTODO by email to the address “direction@tahiti-whattodo.com”. When this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.

The right of withdrawal cannot be exercised for services that have already been performed.

Article 4. Disputes – Disputes – Mediation – Online Dispute Resolution

At any time, the Buyer has the possibility to contact the Seller, to address any request, complaint relating to the Services ordered by using the messaging tool made available as part of the Service, in particular to assert its guarantees when they are in progress.

In addition to the messaging tool, a dedicated button is made available allowing any Buyer to report in “My account”, within 90 days, any complaint concerning the Services ordered.

Beyond these deadlines, the Buyer retains the possibility of contacting the Seller, to formulate any request relating to the Services ordered by using the messaging tool made available as part of the Service.

Disputes are settled directly between the Buyer and the Seller, where applicable using the messaging tool made available to them on the Service.

The Buyer and the Seller will make their best efforts to reach an amicable resolution of the dispute.

However, in the event that the Seller has not resolved the dispute with the Buyer within 8 working days from receipt of the complaint, TAHITI WHATTODO reserves the right, after having previously informed the Seller, to reimburse the customer for the Service. The amount of this reimbursement will then be deducted from the sums to be paid by TAHITI WHATTODO to the Seller for the Services sold by the Seller via the Service.

Depending on the case, the declared dispute will give rise either to the organization of the Service ordered or to a reimbursement.

Article 5. Liability, restrictions and exclusions of warranty

TAHITI WHATTODO acts as a provider of a connection service via the Platform.

The Sellers and Buyers expressly acknowledge and accept that TAHITI WHATTODO is only bound by the terms of this agreement to an obligation of means and not of result.

The performance of the Services contracted via the Service results exclusively from the agreement between the Seller and the Buyer who act under their sole and entire responsibility.

As such, the actual performance of the Services offered by the Seller and accepted by the Buyer cannot give rise to any liability attributable to TAHITI WHATTODO, on any grounds whatsoever.

TAHITI WHATTODO cannot be held liable in particular for an incident that may have occurred for reasons such as:

• the communication by the Seller and the Buyer of erroneous information concerning their skills;
• the communication by the Seller of erroneous, confusing or incomplete information concerning the Service or their Seller profile;
• the fraudulent behavior or fault of the Buyer and/or the Seller, during, before, or after the performance of the Service.

Certain Services are accessible subject to certain conditions, without the list being exhaustive, of health, age, weight and/or skills. These conditions are indicated in the description of Each Service. Due to the nature of certain Services, the Sellers may ask the Buyer to sign a liability waiver or to deposit a security deposit check.

Other Services are accessible depending on certain weather, technical or other conditions. These conditions are indicated in the description of each Service.

The Buyer agrees to read these restrictions carefully. As such, it is expressly specified that the Buyer reserves and participates in the Service under his own responsibility, taking into account his level, physical condition, experience, limitations, and the inherent risks associated with practicing the activity concerned.

The Sellers reserve the right to refuse the requested Service or to postpone the reservation if the required conditions are not met.

In any event, TAHITI WHATTODO cannot be held liable for compensating the Seller or the Buyer.

The Seller is responsible for the proper execution of the Service in accordance with the elements mentioned in the Service description sheet and in accordance with the legislation in force to perform this Service.

The Seller certifies that he holds all insurance, diplomas and other authorizations allowing him to provide the reserved Service, the effectiveness of which the Buyer will be solely responsible for ensuring.

In any event, TAHITI WHATTODO cannot be held responsible for incorrect or incomplete information.

The Services do not include transport to the place where the Service is performed. The Services are subject to the specific conditions of the chosen Seller. It is therefore up to the Buyer to read them prior to his reservation request.

TAHITI WHATTODO cannot be held liable in this regard.

Article 6. Seller Evaluation

TAHITI WHATTODO provides Buyers with the means to evaluate the performance of Sellers following confirmation of the completion of the Services ordered. This transparency allows Buyers to select Services from the most serious Sellers who best comply with the conditions of use of the Service.

The assessment is carried out according to evaluation criteria and by the allocation of star(s) by Buyers. As such, TAHITI WHATTODO does not ensure any control over the assessment made by Buyers, which it simply stores on the Site. However, it may be required to delete, without notice, any assessment whose content has been reported to it as being illicit. The assessments left by the Buyer, as well as their pseudonym, will be visible to any visitor to the Site.

Article 7. Personal data

In addition to Article 5 of the Buyer T&Cs and Article 8 of the Seller T&Cs, the Buyer and Seller are informed that all data collected as part of the Service when orders are placed are processed by TAHITI WHATTODO for the purposes of processing said orders.

The information and data of the Buyers relating to the performance of the activities are transmitted by TAHITI WHATTODO to the Sellers for the sole purpose of enabling them to perform the Services ordered and, where applicable, to enable them to meet their legal or regulatory obligations. They may not under any circumstances be used for other purposes.

In the event of difficulty concerning the processing of this data, the Buyer and the Seller may contact TAHITI WHATTODO directly, under the conditions set out, as the case may be, in the Buyer T&Cs or in the Seller T&Cs.

Each Seller only has access to the personal data provided by the Buyers of its Services to TAHITI WHATTODO when they place their order.

The Sellers undertake to ensure the security of the personal data that they keep for the purposes of fulfilling and monitoring orders.

Article 8. Security

The Site is subject to a security system: TAHITI WHATTODO has adopted the SSL encryption process but has also reinforced all scrambling and encryption processes to protect as effectively as possible all sensitive data related to the means of payment used on the Site.

Article 9. Partial nullity

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions will retain their full force and scope.

Article 10. Applicable law

These general conditions are subject to the law applicable in French Polynesia. Any dispute relating to their interpretation and/or execution will be settled by the Courts of Papeete, notwithstanding multiple defendants or third-party claims, including for summary proceedings or on petitions.

Appendix 1 – Withdrawal Form

Please complete and return this form only if you wish to withdraw from your order placed with the Seller as part of the Service provided by TAHITI WHATTODO.

For the attention of [Seller name: ……………………………………………

Department: ………………………………………….

Seller address: ………………………………………………..

Seller email: …………………………………………….

I hereby notify you of my withdrawal from the contract for the sale of the service below:

Ordered on: ……………………………………..

Expected completion on: ………………………………………………………………..

Buyer’s name: ………………………………………………………………..

Buyer’s address: ………………………………………………………………..

Buyer’s signature (only if this form is notified on paper):

Date: ………………………………………………………………..

In order to optimize the return, we advise you to confirm this information with the Seller via the messaging tool made available as part of the Service.