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Terms and conditions for website use

Preamble:

The SAS MOEMOEA is a travel agency that offers, through its website www.moemoeaviajes.com (hereinafter referred to as the ‘Site’), the creation and sale of tailor-made trips in French Polynesia. These General Terms and Conditions of Use (hereinafter referred to as the ‘GTCU’) apply exclusively between SAS MOEMOEA and any person wishing to access the Site and/or use the services offered on it (hereinafter referred to as the ‘User’). Any use of the services offered through the Site implies full acceptance of these GTCU.

We invite you to read them carefully.

 

We inform you that the provisions of these GTCU are subject to change, in particular due to legislative and/or regulatory changes, without any liability on the part of SAS MOEMOEA. Modifications shall take effect upon their publication on the Site (unless otherwise specified). The updated version shall be available to all and shall be permanently accessible on the Site by clicking on the ‘legal notice’ tab.

 

Article 1: Legal notice
  1. The Site is published by MOEMOEA, a company with a capital of 2,000,000 CFP, currently being registered with the Papeete Trade and Companies Register, with its registered office at Lot 7A/146E Rue de Aine, Super Mahina, Mahina 98709, Tahiti, French Polynesia, and represented by Mrs Priscyllia CANABATE and Mrs Lou REIBEL. 

  2. The Site is hosted by WIX, Wix.com Inc., with its registered office at 500 Terry A François Blvd San Francisco, CA 94158. Telephone: +1 415-639-9034.

 

Article 2: Definitions

Site: the MOEMOEA company website accessible at  www.moemoeaviajes.com.

User: any internet user who browses and/or uses the services offered by SAS MOEMOEA on the Site.
Services: all services offered by SAS MOEMOEA, i.e. the organisation of stays and associated services.
Prospect: any internet user who browses the Site.
Customer: any internet user who, after accessing the Site, requests a quote and/or accepts a travel service proposal sent by SAS MOEMOEA.

 

Article 3: Use of the site

The Site is accessible free of charge from anywhere by any User with internet access. All costs incurred by the User to access the Services are at their own expense. Furthermore, SAS MOEMOEA is not responsible for any internet connection problems attributable to the equipment and/or service provider used by the User (such as reduced speed or interruptions).
 

From the Site, Users have access to the following information and/or Services:

  • A varied range of travel offers (free access for any internet user);

  • Detailed information on the various products and services offered by SAS MOEMOEA (free access for any internet user).

 

Article 4: Warranty and Liability Terms

SAS MOEMOEA will endeavour to maintain continuous access to the Site, except in cases of force majeure or events beyond its control, and subject to possible failures and maintenance operations necessary for the proper functioning of the Site.
 

For better management of the Site, SAS MOEMOEA may at any time:

  • Suspend, interrupt or limit access to all or part of the Site;

  • Remove any information that may affect its operation or contravene current regulations;

  • Suspend the Site to perform updates.
     

SAS MOEMOEA shall not be held liable in the event of failures, breakdowns, difficulties or interruptions in operation that prevent access to the Site or any of its features.The equipment used to connect to the Site is the sole responsibility of the User, who must take appropriate measures to protect it, as well as their personal data, especially in the event of viral attacks via the Internet. MOEMOEA cannot be held liable; the User is solely responsible for the websites and data they consult.
 

Article 5: General obligations of the site user

The User undertakes to use the Site in accordance with these Terms of Use, public order and good morals, respecting intellectual property rights and image rights. In the event of non-compliance, SAS MOEMOEA may hold the User liable. By using the Services, you represent and warrant that (a) all information provided is true and accurate; (b) you will keep such information up to date; (c) your use of the Services does not violate any applicable law or regulation.
 

Article 6: Intellectual property

All content and materials displayed on the Site, such as text, graphics, videos, audiovisual works, logos, photographs and images, are the property of SAS MOEMOEA or its licensors. They are protected by copyright laws in force in metropolitan France, French Polynesia and applicable international laws. The content and materials on the Site, exploited, licensed or controlled by SAS MOEMOEA, may not be copied except by a User for strictly personal use. Any modification or use for other purposes would violate the intellectual property rights of SAS MOEMOEA and/or its licensors. Such content and materials may not be distributed, republished, downloaded or transmitted in any way without the prior written consent of SAS MOEMOEA. SAS MOEMOEA and other trademarks and logos, whether registered or not (hereinafter the ‘Trademarks’), are the property of SAS MOEMOEA. Their unauthorised use is prohibited by law. The use of any Trademark in connection with a link to or from any website is prohibited without the prior written consent of SAS MOEMOEA.
 

Article 7: Collection of personal data

For more information on the collection and processing of your personal data, as well as on the use of cookies, please refer to our Privacy and Cookies Policy.
 

Article 8: Applicable law and competent jurisdiction

These Terms of Use are governed by French law. Any dispute relating to their interpretation and/or enforcement shall fall within the exclusive jurisdiction of the French courts.

Article 9: Contact us

If you wish to contact us, including to make a complaint, you can send us an email at the following address: info@moemoeaviajes.com

Data protection

Article 1 - Protection of personal data
 

Collection of personal data
The personal data collected on this site (or ‘Platform’) are as follows:

  • Contact form

When the user fills in a contact form on our Site, the data entered (first name, surname, email address, subject of the message, content of the message) is collected in order to respond to their request. This data is only used for this purpose and is only kept for the time necessary to process the request.

  • Travel diary and newslette

The user's email address may also be collected in order to send them our newsletter and our travel diary on French Polynesia, which contains tips, inspiration and recommendations for organising their stay. The user can unsubscribe from our newsletter at any time via the unsubscribe link provided in each email.
CookiesCookies are used in connection with the use of the site. Users can disable cookies in their browser settings.
 

1.2 Use of personal data

The personal data collected is used exclusively for the operation and improvement of the services offered on the Platform, as well as to ensure a secure environment. The main purposes are as follows:

  • Provision and personalisation of the services available on the Platform;

  • Management of user support requests;

  • Prevention, detection and management of fraud, malicious programmes and security incidents;

  • Monitoring and resolution of possible conflicts with users;

  • Sending commercial information, promotional content or personalised recommendations, in accordance with the preferences expressed by the user.

Los datos nunca se utilizarán para otros fines sin el consentimiento previo y explícito del usuario.

 

1.3 Sharing personal data with third partie

The user's personal data may be shared with third parties only in the following cases:

  • When the user posts information in public areas of the Platform (e.g., in comment areas), such information may be publicly accessible.

  • When the user expressly authorises a third-party website or service to access their data.

  • When the Platform uses external providers to offer services such as technical support, advertising or payment processing. These providers only access the data necessary to provide the corresponding service and are contractually obliged to comply with current data protection laws.

  • When there is a legal obligation, the Platform may disclose personal data in response to administrative or judicial requests, or to exercise or defend its legal rights.

  • In the context of a merger, acquisition, sale of assets or restructuring process, the Platform may transfer all or part of the personal data, informing the user in advance of such transfer.

1.4 Transfer of personal data

Due to the international structure of the company responsible for the Platform, the user authorises the transfer, storage and processing of their personal data outside their country of residence, including countries that are not members of the European Economic Area, such as the United States.
The user expressly accepts this transfer when using the Platform. In particular:

  • The Platform undertakes to ensure an adequate level of protection in accordance with applicable legislation, in particular the European Commission's adequacy decision of 10 July 2023, which recognises that the United States provides guarantees equivalent to those of the General Data Protection Regulation (GDPR).

  • The site's services are hosted by Wix.com Ltd, whose servers may be located in the United States, Europe or other regions.

  • Wix complies with major international privacy regulations, such as the GDPR (EU), CCPA (California, USA) and LGPD (Brazil), and provides its users with tools to manage and protect their data.
    For more information about Wix's commitment to privacy, please refer to its Privacy Policy.

 

1.5 Security and confidentiality

The Platform applies organisational, technical, software and physical measures in the field of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and that the Platform cannot guarantee the security of the transmission or storage of information on the Internet.
 

1.6 Exercise of user rights

In accordance with current regulations on personal data protection, users have the following rights:

  • Right of access: users may request access to their personal data by writing to: info@moemoeaviajes.com. Proof of identity may be required to ensure the security of the process.

  • Right of rectification: if the data collected is incorrect or out of date, users may request its correction by writing to the same contact address.

  • Right of erasure: users may request the deletion of their personal data, provided that this is permitted by current legislation, by writing to: info@moemoeaviajes.com.

1.7 Modification of this clause

The Platform reserves the right to modify this clause relating to the protection of personal data at any time. In the event of any modification, the Platform undertakes to publish the new version on its website. It will also inform users of the modification by email at least 15 days before it comes into effect. If the user does not agree with the terms of the new version of the personal data protection clause, they may delete their account.

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