CGU
Table of Contents
5.1 Creation of a Personal Account
5.4 Inactivity and deletion of the Personal Account
6.1 Features common to all Accounts
6.3 Platinum Individual Membership
6.4 Platinum Professional Standard
6.5 Platinum Professional Advanced (Distribution and Visibility)
6.6 Private Equity – Platinum Professional
6.7 Concierge Partners – Butler Services
7.1 Allocation and Use of the Referral Code
7.2 Traceability and Evidential Value
9.1 Strictly necessary cookies
9.2 Audience measurement and performance cookies
The purpose of these General Terms and Conditions of Use (hereinafter the “GTCU”) is to define the conditions under which any User is authorised to access, view, interact with and use the various features of the Application operated by HUMMINGBIRD CONSULTING, a single-member limited liability company under French law, with a share capital of €1,000.00, whose registered office is situated at 212, avenue du Château d’Eau, 06220 Vallauris, registered with the Antibes Trade and Companies Register under SIREN number 902 652 114, represented by Ms Déborah DUQUESNE, Manager (hereinafter the “Company” or the “Publisher”).
The T&Cs are supplemented by the General Terms and Conditions of Sale (GTCS), the Privacy Policy and, where applicable, by any confidentiality and non-circumvention agreement or specific contract applicable to a particular transaction. In the event of any conflict between these T&Cs and any of these documents, the provisions of the specific document shall prevail in their respective areas.
Access to, consultation of and use of the Application are subject to the unconditional acceptance of these T&Cs. Scrolling through the entire document when creating a Personal Account, followed by confirmation via a tick box or any equivalent mechanism, constitutes full and unconditional acceptance of these T&Cs in their current version.
Users who do not accept these Terms of Use are advised not to create a Personal Account and not to use the Application. Any use of the Application following the publication of an amended version of the Terms of Use constitutes acceptance of said amended version, subject to the provisions of Article 4 below.
Access to the sections of the Application relating to investment opportunities, off-market properties and luxury concierge services is subject to the User having read and accepted, in advance, a specific warning corresponding to the type of service requested.
Before gaining actual access to these sections, the User is invited to read the applicable notice and to give their consent by ticking a box or using any equivalent technical mechanism. The Application records and time-stamps this acceptance, which constitutes a contractual commitment by the User to the Company.
If the applicable notice is not accepted, the User will not be able to access the relevant sections or Services.
For the purposes of these Terms of Use, the terms defined below shall have the following meanings, whether used in the singular or plural:
“Subscription”: refers to one of the access packages offered by the Company: Basic Seller Mandate, Individual Platinum Membership, Standard Professional Platinum, Advanced Professional Platinum, Professional Platinum Private Equity, Concierge Partners.
“Listing”: refers to any content (text, images, descriptions, financial data) submitted by an Advertiser to the Company for publication on the App, under the sole editorial responsibility of its author.
“Advertiser”: refers to any User holding a Subscription entitling them to post Advertisements, who has submitted an Advertisement published on the Application.
“Application”: refers to the “HUMMINGBIRD EXECUTIVE APP” mobile and web application, accessible via a web browser and downloadable on iOS (App Store) and Android (Google Play Store) smartphones, operated by the Company.
“Asset”: refers to any movable or immovable property, tangible or intangible, as well as any investment product or financial interest available on the App. Access to these items is strictly for information purposes and subject to the applicable disclaimers, particularly regarding investment.
“Customer”: refers to any User holding a Personal Account who has subscribed to one of the Subscriptions offered by the Company.
“Referral Code”: refers to the unique number assigned to any active Member or Partner by the Application, for the purposes of participating in the Referral Programme defined in Article 7.
“Personal Account”: refers to the personalised space created by any User on the Application, allowing access to features in accordance with the Subscription taken out.
“Concierge Services”: refers to the Services relating to the provision and booking of luxury amenities and prestigious services (villas, private jets, yachts, restaurants, private security, etc.).
“Advice”: refers exclusively to the provision of general information and the facilitation of connections between Users, excluding any personalised recommendations, analysis, or advice within the regulatory sense.
“Cookies”: refers to small files placed on the User’s device by the Application’s server or by a third-party server, the terms of which are described in Article 9 of these Terms of Use.
“Personal data”: refers to any information relating to an identified or identifiable natural person, within the meaning of Regulation (EU) 2016/679 (GDPR).
“Publisher”: refers to HUMMINGBIRD CONSULTING, in its capacity as publisher of the Application and as a matchmaking intermediary.
“Referral”: refers to any new Customer who has taken out an Individual Platinum Membership using a Referrer’s Referral Code.
“Host”: refers to the host of the Application:
“Off-market”: refers to investment opportunities or Assets not published on traditional public markets, accessible exclusively via the Application subject to a qualifying Subscription.
“Member”: refers to any Customer holding a Platinum or Gold Subscription (Individual or Professional).
“Administration Panel”: refers to the dedicated area accessible to holders of an Advanced Professional Platinum Subscription, enabling the listing of Goods, the editing of advertisements and the tracking of enquiries.
“Referrer”: refers to any Member or Partner holding an active Referral Code who is participating in the Referral Programme.
“Partner”: refers to any service provider or company that has entered into a partnership agreement with the Company for the provision of services or the distribution of investment products via the Application.
“Referral Programme”: refers to the system for assigning a Referral Code and paying a Referral Commission, as defined in Article 7 of these Terms of Use and Article 7 of the Terms and Conditions.
“GDPR”: refers to the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016).
“Customer Service”: refers to the Company’s customer service department, which can be contacted at: hb@consultinghummingbird.com
“Services”: refers to all Concierge, Advisory, access to off-market opportunities, matchmaking and distribution services accessible via the App in accordance with the Subscription taken out.
“User”: means any natural person of legal age or legal representative of a legal entity who has created a Personal Account on the Application, whether or not they have taken out a Subscription.
The Company reserves the right to amend these Terms of Use at any time, in particular to comply with any legal, regulatory, case-law or technical developments, or to take account of changes to the App.
Any substantial amendment to the T&Cs will be notified to active Users via a message within the App and by email, at least thirty (30) calendar days before it comes into effect. Continued use of the App after this period constitutes acceptance of the amended T&Cs.
5.1 Creation of a Personal Account
Any natural person of legal age or legal entity wishing to use the Application must first create a Personal Account. For legal entities, a separate Personal Account must be created by each designated user, subject to the limit on the number of accounts authorized by the Subscription taken out. The creation of a Personal Account is free of charge and does not imply subscription to a Subscription.
When creating their Personal Account, the User must provide surname, first name, a valid email address, telephone number and, where applicable, the company name and registration number of the legal entity they represent. The User guarantees the accuracy of the information provided.
In connection with the creation and management of their Personal Account, the User undertakes to:
- Provide accurate, complete and up-to-date information;
- Not to create a false identity or impersonate another individual or legal entity;
- Update their information immediately in the event of any changes;
- Keep their login details confidential; any access via their Personal Account is deemed to have been carried out by the User concerned;
- Log out of their Account at the end of each session;
- Notify the Company immediately of any loss or unauthorised use of your login details at:hb@consultinghummingbird.com ;
- Create only one Personal Account per email address;
- Use the Application in compliance with applicable laws and regulations, the rights of third parties and intellectual property rights;
- Use the Application fairly, in accordance with its intended purpose and without impairing its proper functioning.
Each User is solely responsible for their use of the Application via their Personal Account, for the quality and accuracy of the data they transmit, for the electronic signatures they affix and for the Advertisements they publish under their exclusive editorial responsibility.
Any fraudulent behavior, identity theft or use of the Application for unlawful purposes constitutes grounds for the immediate and permanent deletion of the Personal Account, without prejudice to any legal proceedings.
5.4 Inactivity and deletion of the Personal Account
The Personal Account is considered inactive in the event of manual deletion by the User or in the absence of a login for a continuous period of two (2) years. The Company may delete any inactive Account after sending a warning by email, within a period of thirty (30) days. Deletion results in the automatic termination of any current Subscription.
The deletion of the Personal Account does not result in the immediate deletion of all associated Personal Data, which is retained for the periods necessary to fulfil the purposes described in the Company’s Privacy Policy.
6.1 Features common to all Accounts
Any User with an active Personal Account, regardless of any Subscription, may access the following features:
- Viewing the pages presenting the Services and available offers;
- Access to the internal messaging system for any enquiries to Customer Service;
- Viewing the Privacy Policy and Terms of Use;
- Registering a payment method and authorising a SEPA direct debit mandate.
Users holding a Simple Seller Mandate have access to the following features:
- Posting an Advertisement to sell a specific Property;
- Monitoring the distribution of their Listing to eligible Members;
- Receiving match reports sent by the Company;
- Electronic signing of documents relating to their mandate via DocuSign.
This profile does not provide access to the Platinum ecosystem or to off-market opportunities.
The Company does not intervene in the negotiation, does not hold any funds on behalf of the parties, and does not carry out any activities subject to specific regulation.
6.3 Individual Platinum Membership
Platinum Individual Members enjoy full access to the Hummingbird Executive ecosystem. One (1) personal account is allocated per membership.
Access includes:
- Viewing and accessing off-market opportunities (movable property, real estate, equity interests);
- Ability to buy, sell and search for Assets via the App;
- Access to exclusive Platinum content and the network of qualified Members;
- Direct interaction with investment opportunities and products posted online;
- Assignment of a personal Referral Code (Referral Programme, Article 7);
- Electronic signing of confidentiality agreements, letters of intent and any contractual documents via DocuSign;
- Access to the internal messaging system and receipt of document alerts;
- Receipt of a personalised membership card.
6.4 Platinum Professional Standard
In addition to the features of the Platinum Individual Membership, holders of a Platinum Professional Standard Subscription benefit from the following features:
Additional access:
- Platinum access for 3 users designated by mutual agreement with the Company;
- Ability to offer the organization’s clients’ assets via the App;
- Access to opportunities on the Hummingbird network on behalf of clients;
- Allocation of a Professional Referral Code;
- Tracking of shared commissions in the messaging system and management dashboard.
6.5 Advanced Professional Platinum (Distribution and Visibility)
In addition to the features of the Standard package, holders of an Advanced Professional Platinum Subscription have access to the following additional features:
Additional features:
- Access to the Admin Panel: listing properties, editing adverts, tracking client enquiries;
- Visibility of the business in one or more themed sections of the App;
- Display of a direct appointment booking link visible to Members;
- Controlled contact between Members and the business, following approval by the Company;
- Page presenting the organization’s services with its visual identity.
6.6 Private Equity – Platinum Professional
Holders of a Platinum Professional Private Equity Subscription benefit from the following features:
Features included:
- Publication and promotion of investment products in the dedicated sections of the App;
- Access to the App’s Platinum-qualified client base;
- Direct appointment booking link integrated into the organisation’s profile;
- Tracking of enquiries and introductions via the internal messaging system.
⚠ Regulatory reminder: the Publisher acts exclusively as a matchmaking intermediary. It does not provide any regulated investment services within the meaning of Articles L. 531-1 et seq. of the Monetary and Financial Code. It is the responsibility of the holder of this Subscription to ensure compliance with their own regulatory obligations (AMF authorisation or equivalent).
6.7 Concierge Partners – Butler Services
The Concierge Partner benefits from the following features:
Features included:
- Integration into the Concierge section of the App;
- A page presenting their services with a request form (quote or booking);
- Receipt of requests from Members via the internal messaging system;
- Tracking of commissions generated via the App.
All logged-in Users have access to an internal messaging system which allows them, depending on their Subscription:
- Send requests for information regarding an off-market opportunity;
- Receive confirmations of bookings for Concierge Services;
- To be put in touch with Advertisers, Partners or Members, following approval by the Company;
- Be alerted when a contractual document is awaiting electronic signature on DocuSign;
- Receive any notifications relating to their Account, Subscription or an ongoing transaction.
Users are deemed to have read any messages available in their internal messaging system or sent to their email address within forty-eight (48) hours of receipt.
7.1 Allocation and use of the Referral Code
Any Member or Partner holding an active Subscription is automatically assigned a unique Referral Code, generated and stored by the Application in their personal Account. This code is strictly personal and non-transferable. The Referrer may freely share it with any individual or legal entity within their network.
Self-referral (use by the Referrer of their own Referral Code) is strictly prohibited and constitutes fraudulent use within the meaning of Article 5.3 of these Terms of Use.
7.2 Traceability and evidential value
The Application automatically records and timestamps the following events:
- The provision of the Referrer Code by the Referred Party at the time of registration or subscription;
- The date and time of the Referred User’s subscription to the Service;
- Confirmation of receipt of the Subscription fee by the Company;
- The identity of the Referrer and the Referred User associated with each activation.
This data, as recorded by the Application, constitutes prima facie evidence in writing between the Parties of the conditions triggering the Referral Commission. The User expressly acknowledges the probative value of the Application’s records.
The financial terms of the Referral Program (amount of the Referral Commission, triggering event, payment terms and conditions of refund) are set out in Article 7 of the GTC, of which these T&Cs form an integral part.
Depending on the Subscription taken out, the User may be required to receive and sign the following documents electronically via the secure DocuSign platform:
- Confidentiality and Non-Circumvention Agreements (NCNDA);
- Letters of intent (LOI);
- Agency agreements, partnership agreements or any other contractual document relating to a transaction.
If they do not already have one, the User must create a DocuSign account to enable the Publisher to ensure a sufficient level of authentication. The electronic signature thus affixed has the same legal effect as a handwritten signature, in accordance with Articles 1366 and 1367 of the Civil Code and the eIDAS Regulation (EU) No 910/2014.
The User is solely responsible for the accuracy of the information provided in DocuSign and for the retention of signed documents.
The Application uses cookies and trackers to ensure the proper technical functioning of the Services, to remember the User’s browsing preferences and, where applicable, to carry out anonymized audience measurement.
9.1 Strictly necessary cookies
These cookies are essential for the functioning of the Application (authentication, session security, storing preferences). They cannot be disabled without affecting the Services. They do not require the User’s prior consent.
9.2 Audience measurement and performance cookies
These cookies enable the Company to measure the Application’s traffic and performance. They are placed only with the User’s prior consent, obtained upon their first login via an information banner compliant with the requirements of the CNIL.
The User may manage their cookie preferences at any time via their browser settings or via the cookie management interface available on the Application. Refusing certain cookies may limit access to certain features. For further information, please refer to the Company’s Privacy Policy.
The Company acts exclusively as a platform publisher and technical intermediary for connecting parties and is not a party to contracts concluded directly between Users, Advertisers and Partners. It shall not be held liable:
- For the non-performance or improper performance of a contract between a User and an Advertiser or a Partner;
- For inaccurate, incomplete or fraudulent content in an Advertisement published under the Advertiser’s sole editorial responsibility;
- In the event of the Application being temporarily unavailable due to maintenance work or technical faults beyond its control;
- Due to investment decisions made by a User on the basis of information available on the Application, such information being provided for information purposes only and not constituting investment advice; or
- In the event of force majeure within the meaning of Article 1218 of the Civil Code.
Where the Publisher may be held liable, such liability shall be limited to the amount of sums actually received in respect of the relevant Customer’s annual Subscription over the last twelve (12) months.
The Application, its interface, its features, its content (with the exception of Advertisers’ Advertisements), its graphics, text and databases are the exclusive property of HUMMINGBIRD CONSULTING and are protected by the provisions of the Intellectual Property Code. Any reproduction or use not expressly authorised is strictly prohibited.
The Company lawfully uses the trademarks, names and logos available on the Application, in particular:
- HUMMINGBIRD RECORDING STUDIO
- HUMMINGBIRD ESTATE
- HUMMINGBIRD CONSULTING
- HUMMINGBIRD EXECUTIVE
- HUMMINGBIRD PRODUCTION DISTRIBUTION
- HUMMINGBIRD CONCIERGE SERVICE
Any unauthorized use of these distinctive signs constitutes an infringement liable to civil and criminal prosecution.
The information available on the Application is made available to Users strictly for personal and non-commercial use, for consultation purposes only. Users shall refrain from any reproduction, distribution or exploitation without the prior written authorisation of the Company.
The fact that the Company does not, at any given time, enforce any of the provisions of these Terms of Use shall not be construed as a definitive waiver of the right to enforce them at a later date.
These Terms of Use are governed by and construed in accordance with French law. In the event of multiple language versions, the French version shall be the sole authentic version and shall prevail over any translation.
The Parties agree that the courts within the jurisdiction of the Company’s registered office, namely the courts within the jurisdiction of the Court of Appeal of Aix-en-Provence, shall have exclusive jurisdiction to hear any dispute relating to the validity, interpretation or performance of these Terms of Use.
In the event of a dispute relating to the formation, interpretation or performance of these Terms of Use, the Parties undertake to seek an amicable solution within thirty (30) calendar days of receipt of a written notice specifying the subject matter of the dispute.
If no amicable resolution is reached within this period, the dispute shall be submitted to the competent courts designated in Article 13 above.
Users acting as non-professional consumers may also, prior to any legal action, make use of the consumer mediation service designated by the Company free of charge.
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These Terms of Use shall come irce upon their publication on the Application.