The "Petit Mouvement" application (hereinafter the "), which can be accessed at https://www.petitmouvementcom, via our applications (hereinafter the "apps") or our partners' websites, is created, developed and operated by FEELVERYBIEN SAS, a simplified joint stock company, whose registered office is located at 99C Boulevard Descat, La Teinturerie, 59200 TOURCOING, FRANCE, registered with the Registre de Commerce et des Sociétés under number 922 300 538 00019, and having VAT number FR 039 223 00538 (hereinafter "FEELVERYBIEN" or "we"). We can be reached by telephone on +33 (0)970 408 879 and by email at support@zpetitmouvement.com.
These general conditions of use and sale (the "Conditions") apply to all visitors ("you" or "the user") to the Site.
Their purpose is to define the terms and conditions under which the Site and its services are made available, as well as its conditions of use.
Any access to and/or use of the Site implies acceptance of and compliance with all of the Terms. Please read the Terms carefully before using the Site or its services. If you do not agree with any of the provisions of these Terms, do not use the Site. In order to use certain services on the Site, you may be required to accept additional terms and conditions.
We reserve the right to revise and amend these Terms from time to time without notice to you, in particular to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities. Your continued use of the services after such changes are made demonstrates your acceptance of these changes. If your purchase of the services is in progress, we will notify you in advance of any changes to these terms and you may choose to cancel your subscription to our services, without penalty, before the changed terms take effect.
Use of the Site and its services requires a broadband Internet connection for personal computers and a mobile Internet service (Edge, 3G, Wifi) for portable devices. These connections are not provided by FEELVERYBIEN, so the user must first individually subscribe to a broadband Internet connection and/or a mobile Internet offer in order to use the Site and its services. A third-generation (3G) mobile Internet connection is strongly recommended.
As a user, you can activate the service from a personal computer (PC or MAC) with a compatible operating system and browser, and from a compatible mobile device (compatible hardware, operating system and browser). The service can only be accessed via one connection at a time (personal computer or registered compatible mobile device). FEELVERYBIEN has the technical means to check the number of simultaneous connections on the same account and therefore to detect multiple connection attempts. To enjoy the Site and its services via your smartphone or other device, your device must meet certain system requirements. These requirements can be found on the Site and app stores.
In order to access the Site's services and take out the corresponding subscriptions (as described below), you do not need to create an account on your device. Our application uses a unique identifier specific to your device to recognize you as a user, along with your history and subscription, if any.Each user may create only one account. If we deactivate your account, you will not attempt to create another without our authorization.
Any use of your device will be presumed to have been made or duly authorized by you.
Consequently, we shall in no event be held liable for any prejudicial consequences resulting from illicit, fraudulent or abusive use of your device or access to the Site by a third party not expressly authorized by you and resulting from your fault or negligence.
In the event of theft or misappropriation of your device, it is your responsibility to notify us immediately by registered letter with acknowledgement of receipt. If you are
unable to connect to your device, you must notify us immediately by telephone or e-mail.
You may not transfer your account to anyone else without first obtaining our written permission, and you agree not to impersonate or attempt to impersonate anyone else.
You can send your complaints by email to: support@zpetitmouvement.com
The entire Site and its services, including its structure, tree structure, graphics, object or source codes, as well as its content (in particular text, graphics, images, photographs, videos, information, logos, button icons, software, audio and other files, databases) are the property of FEELVERYBIEN.
We reserve all rights to the Site not expressly granted to you under these Terms. Accordingly, you agree not to use the Site for any purpose other than those set out below, without our express prior consent.
You may be held liable for any breach of the foregoing, without prejudice to our right to unilaterally terminate your subscription in accordance with the terms of article 5.2. above.
Subject to compliance with these Terms, and depending on the subscriptions taken out, we authorize you to access and use the Site and its applicable services, and where applicable to download its content, exclusively for personal use. The license thus granted to you is strictly personal, non-exclusive, limited and revocable in the event of non-compliance with these Terms. In particular, we draw your attention to the fact that no transfer of intellectual property rights may be inferred from your use of the Site and the services, including with regard to the elements that we authorize you to download in application of the present Terms.
Any professional or commercial use of the Site and services is strictly prohibited. Audio or video content accessible from the Site and services not explicitly indicated as downloadable may not be downloaded or copied by you.With the exceptions specified below, you are strictly prohibited from performing or assisting a third party in performing any or all of the following actions: copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Site, including its services and content in any way, or create derivative works therefrom;Use all or part of the Site, services or their content to create a tool or software that can be used to create software applications of any kind;Make available to the public in any way whatsoever (transfer, rental, loan, distribution, reproduction, etc.), whether free of charge or against payment, all or part of the Site, the services or their content;Alter all or part of the Site, the services or their content or circumvent any technology used by FEELVERYBIEN or its licensors to protect all content accessible through the Site and its services;Circumvent the Site's security measures and access an unauthorized part or feature of the Site and services;circumvent territorial restrictions applied to the Site and services; or more generallyUse the Services in a manner that violates this License Agreement or the other Terms,As an exception to the above, a limited amount of content will be allowed (and specified as such, if applicable for a limited time) to be shared by the user on his personal social networks (Facebook, Twitter, etc) and personal websites and webpages (hereinafter the "Distribution Content"), FEELVERYBIEN grants you a limited right to upload, reproduce and distribute the Distribution Content on the Internet solely for the purposes of sharing and/or commenting on your personal social networks, websites and/or webpages, as well as under the following cumulative conditions: (i) the Distribution Content may not be modified in any way, subject to technical modifications essential to its display and distribution through your computer systems and on the Internet (e.g. a change in video format or file size) that do not alter the substance or quality of the Distribution Content, (ii) the Distribution Content may not be shared outside the duration that may be indicated on the Site, (iii) the conditions for sharing the Distribution Content must comply with any additional conditions that may be indicated on the Site on a case-by-case basis, (iv) the Distribution Content must under no circumstances be shared with any other content that you know to be false, inaccurate or misleading or that is, or encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racist, or otherwise objectionable. This Distribution Content may contain gifs or cookies that allow us to collect information about the distribution and consumption of such content. For more information, please consult our Privacy Policy.
In general, you undertake not to behave in a reprehensible manner when using our services, or to use the services for illegal, immoral or harmful purposes.
In particular, you agree that messages posted online will not, without this list being exhaustive, in particular :constitute an infringement of the intellectual property rights of third parties; in this respect, the member undertakes not to reproduce or communicate to the public on the Site elements protected by copyright, registered as trademarks or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;contain computer viruses likely to interrupt, destroy or alter the functionalities of the Site;advocate crimes or contain messages that are illegal, threatening, paedophilic, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist or contrary to public order or morality;violate the privacy or dignity of others;incite violence, fanaticism, crime, suicide, hatred because of religion, race, gender, sexual orientation, ethnicity ;harassing other members;promote or encourage any criminal activity or enterprise;solicit and/or disclose passwords and/or personal information for commercial or illegal purposes;transmit chains of e-mails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail; include advertisements and/or solicitations to offer products and/or services for sale through the Site;contain addresses or hypertext links to external sites whose content is contrary to the laws and regulations in force, which infringe the rights of third parties or which would be contrary to these conditions.The user agrees not to resort to the automatic use of computer systems such as scripts in order to add members to his Profile and/or to send comments or messages.
You agree not to manipulate headers or identifiers in order to disguise the origin of any message or transmission you send to Petit Bambou on or via the Site, the apps, or any service accessible therein. You may not pretend that you are, or that you represent, someone else or impersonate any other person or entity.
You are solely responsible for messages, content and information published by you on the Site since, in its capacity as host of the service in question, FEELVERYBIEN cannot be held responsible for the content published by members on the Site and over which FEELVERYBIEN exercises no power of control or supervision.
While we strive to provide you with the best possible service, we make no promise that the services will always be available and meet your needs, expectations and charge; we cannot guarantee that the services will be flawless. If an error occurs in the services, please notify us at support@zafoo-app.com and we will try to correct the fault within a reasonable time. If the need arises, we may suspend access to the services while we try to resolve the problem. We will not be liable to you if the services are unavailable for any period of time.
Your access to the services may occasionally be restricted to allow for repairs, maintenance or the installation of new facilities or services. We will attempt to restore services as soon as reasonably possible. In the
event that services are unavailable, our usual order and cancellation deadlines and dates normally apply; please inform us of any changes to your order via our email support@petitmouvement.com.
The content of the catalog is subject to change. We reserve the right to cancel any meditation sessions or programs in our catalog without notice or recourse on your part.
We may provide you with links to other sites or access services. You acknowledge that access to such sites or services is at your sole discretion and that such links are provided for your information only. We have not analyzed, reviewed or endorsed any of these websites or services. We cannot be held responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources available on or from such sites/services, or (d) the use of what others make of such sites and services. We are not responsible for any damage, loss or tort caused or alleged to be caused by or in connection with use of or reliance on any such sites or services.
You may link to our home page, provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part which does not exist. You must not create a link to our Site on a website that is not owned by you. Our Site and our other services must not be framed or encapsulated within any other site, nor may you link to any part of our Site or our other services, unless you have FEELVERYBIEN's written permission to do so. We reserve the right to withdraw permission by written notice in the event of use that damages our image or reputation. The Site from which you link to ours must comply in all respects with the content standards set out in these Conditions, and in particular in article 7.2 above. If you wish to make any other use of the information available on our website or our other services than that indicated above, please address your request to support@zpetitmouvement.com.
We make every reasonable effort to ensure quality access to the Site and the security of the data you transmit to us via the Site, but assume no obligation of result in this respect.
We do not guarantee continuous operation of the Site, which may be interrupted for maintenance purposes.
We cannot be held responsible for any other malfunction or failure of the network or servers, or for any other technical malfunction beyond our reasonable control that would prevent or impair access to all or part of the Site, or in the event of force majeure as defined by applicable regulations.
We draw your attention in particular to the limitations and constraints of the Internet and the impossibility of fully guaranteeing the security of data exchanges. It is therefore your responsibility to take all necessary measures to protect yourself against unauthorized intrusions into your information system, in particular by securing your Internet connection with a password and security code, or by using appropriate anti-virus software.
You are also informed that the quality of the Site's operation, and in particular response times, may vary according to the personal parameters of your connection computer and your Internet access service. We accept no liability in this respect.
Consequently, we cannot be held liable, directly or indirectly, for any malfunction of the Site, including any loss of data saved by your account, caused by one or more of the technical characteristics inherent in the Internet network, or in the hardware or software used by you, for any reason whatsoever.
Similarly, we cannot be held responsible for any malfunction of the Site, including any loss of data saved by your account, if such malfunction is the result of your incorrect use of the Site, or of the unsuitability of the hardware and software you use with regard to the technical specifications referred to above.
The information provided on this site is for information purposes only and does not constitute advice or a recommendation of any kind.
Consequently, we cannot be held liable in any way whatsoever for the use of the information and content available on all or part of the Site.
To the fullest extent permitted by applicable law, in no event, including but not limited to negligence, shall FEELVERYBIEN or its affiliates, suppliers, customers or vendors (collectively, the "Protected Entities") be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising out of, or related directly or indirectly to the use or inability to use the services or the content, materials and functions associated therewith, your provision of information through the services, or loss of business or lost sales, or errors, viruses or bugs contained in the services, even if such Protected Entity has been advised of the possibility of such damages. In no event shall Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person or through the services. In no event will the Protected Entities' aggregate liability to you for all damages, losses and consequential events and actions (whether in contract or tort, including, but not limited to, negligence or otherwise) arising out of these Terms or your use of the Services exceed, in the aggregate, the lesser of (i) the amount you have, if any, paid to FEELVERYBIEN for your use of the Services during the preceding 12 months or (ii) the sum of 100 (one hundred) euros.
Nothing in this clause shall limit the liability of FEELVERYBIEN or the Protected Entities in the event of fraud, gross negligence or personal injury.
FEELVERYBIEN is a provider of online and mobile subscriptions to access content related to meditation, health and wellness. We are not a medical device, nor do we provide medical advice. Although there is established third-party evidence that meditation can help in the prevention and recovery process for a wide range of illnesses, as well as in the management of a number of performance and relationship problems, FEELVERYBIEN does not represent or warrant that this will be the case when using our services. All users with serious medical or psychological problems or requiring medical advice should consult their doctor.
All information and links from our health-related services, whether provided by FEELVERYBIEN or by contracted outside providers, are provided solely for your information and convenience.
Any advice or other material available on our services is intended for general information purposes only. They are not intended to serve as a reference or substitute for professional medical advice based on your personal situation. The advice and other materials on the site are intended to assist, not replace, the relationship between you and your health care providers. We cannot be held responsible for any action taken as a result of or after reading or hearing our advice and content or after using our services. In particular, to the extent permitted by law, we make no warranty as to the accuracy, completeness or suitability (for any purpose) of any advice and information published as part of our services.
Any personal data collected on the Site will be processed in accordance with the amended law of August 2, 2002 on the protection of individuals with regard to the processing of personal data. You have the right to access and rectify any data concerning you, provided you have a legitimate interest, and you may, provided you can justify overriding and legitimate reasons, oppose the processing of such data by contacting legal@feelverybien.com.
FEELVERYBIEN reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police force), any information enabling or facilitating the identification of the offending member, in the event that the member is responsible for a breach of current legislation or an infringement of the rights of third parties.
For further information, please consult our Privacy Policy, which is available online and forms an integral part of these Terms.
Feelverybien may transfer its rights and obligations under these Terms to any corporation, firm or person at any time so long as it does not materially affect your affected rights. You may not transfer your rights or obligations under these Terms to anyone else, except with Feelverybien's prior written consent.
You agree to defend, indemnify and hold FEELVERYBIEN and its directors, officers, members, investors, managers, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, that may arise in any way from your use of the Services, your posting or transmitting any messages, content, information, software or other communications through our Services, or your violation of the law or these Terms. FEELVERYBIEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate with FEELVERYBIEN's defense of any such claim.
If we delay in exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure shall not constitute a waiver of that or any other right under these Terms.
We will not be liable to you for any lack of performance, unavailability or failure of the services, or for any failure or delay on our part to comply with these terms, where such lack of performance, unavailability or failure is due to any cause beyond our reasonable control.
In these Conditions, unless the context otherwise requires: i) a phrase introduced by the words "including", "includes", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and the masculine includes the feminine, and in each case vice versa.
Applicable laws require that some of the information or communications we send to you be in writing. When you use the Site and its services, you agree that communications with us will be primarily electronic. We will contact you by e-mail or provide you with information by posting notices about the services on the Site. You agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically have the same force and effect as communications made in writing.
Computer data generated as a result of access to and/or use of the Site (including, in particular, connection data, histories, operations and other elements on computer or electronic media) (the "Data") may be stored and archived, to the extent permitted by law, by us within our computer system, under conditions that guarantee its integrity.
The Data will be considered as proof of communications between you and us.
The Data constitutes literal proof within the meaning of article 1341 of the French Civil Code, and has the same evidential force as a document drawn up, received or kept in writing on paper.
Consequently, the Data may be validly produced as evidence and used against you in any claim or legal action with the same probative force as any document drawn up, received or kept in writing on paper, which you expressly acknowledge.
We undertake not to contest the admissibility, opposability or probative value of the Data by reason of its electronic nature. You undertake to do the same.
You may have access to all the Data by sending us a request by post or e-mail.
If any court or competent authority determines that any provision of these Terms is invalid, illegal or unenforceable to any extent, that provision shall, to that extent only, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
These Terms, together with any supplementary terms and any other documents expressly referred to in these Terms, represent the entire agreement between us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of these Terms. Each of us agrees that our sole remedy with respect to such representations and warranties as set forth in this agreement (whether made inadvertently or negligently) shall be breach of contract. Nothing in this section limits or excludes liability for fraud or theft.
These Conditions are governed by French law.Subject to the applicable mandatory legal provisions, the French courts will have exclusive jurisdiction to hear any dispute relating to the interpretation, application and performance of these Terms, as well as any dispute relating to the use of the Site.These Conditions are effective as of their last update on January 09, 2023.