By accessing this site, you are informed that the use of the Internet requires compliance with a set of laws relating in particular to copyright and the Data Protection Act.
Name / Organization: Santé NET SAS
Postal address: 1, Chemin des étoiles 69850 Duerne.
Telephone: +33 6 03 64 33 28
Email address: firstname.lastname@example.org
SIRET: 838 728 855 000 19
WEBDESIGN AND ADMINISTRATION OF THE WEBSITE
Name / Organization: GoodStart Marcom
Postal address: 494, Chemin du Vauloube – 83600 Bagnols-en-Forêt
Telephone: +33 6 98 49 71 40
Email address: email@example.com
SIRET: 827 615 691 00025
SAS with a capital of € 10,000,000
2 rue Kellermann – 59 100 Roubaix – France
CONDITIONS OF USE OF THE SITE
The purpose of this document is to define the terms and conditions under which, on the one hand, SANTÉ NET, hereinafter referred to as the PUBLISHER, makes the site www.sante-net.fr available to its users, and the services available on the latter and on the other hand, the way in which the user accesses the site and uses its services. Any connection to the site is subject to compliance with these conditions.
Personal data is intended solely for SANTÉ NET for the purposes of surveys, analyzes, or commercial proposals. In accordance with the “Informatique et Libertés” law of 06/01/78, you have the right to access, rectify and delete this data as well as the right to oppose that these data do the same. ‘subject to processing by contacting us by e-mail at firstname.lastname@example.org.
SANTÉ NET can in no way be held responsible for the content of sites that are the subject of a hypertext link from this site. SANTÉ NET strives to ensure the accuracy and regular updating of the content of the site. All reproduction rights are reserved, including photographic and iconographic documents in accordance with French laws on copyright and intellectual property.
This entire site is governed by French law.
GENERAL CONDITIONS OF USE OF MIA CONFORT
MIA Confort (hereinafter “the Application”) is a software developed and published by the company SantéNet, a simplified joint-stock company with variable capital, registered in the LYON Trade and Companies Register under number 838 728 855 00019, whose registered office is at 1, Chemin des étoiles 69850 Duerne. (hereinafter “SantéNet”).
The purpose of these general conditions of use (hereinafter the “T & Cs”) is to define the terms, conditions of access and use of the Application and the Associated Services made available to the User by SantéNet as well as the rights and obligations of the User within the framework of this provision.
PLEASE READ THE TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE APPLICATION AND THE ASSOCIATED SERVICE.
ARTICLE 1: DEFINITIONS
The terms and expressions identified by a capital letter and used in the T & Cs have the meaning indicated below, whether they are in the singular or in the plural.
Account: a protected personal account of the User on the Application allowing him to access and use the latter.
Content: refers to the information and data, texts, photographs, images, videos, messages, or any other technical and/or regulatory elements listed on the Solution.
Personal Data: means, within the meaning of the Regulations applicable to the protection of Personal Data, any information relating to an identified or identifiable natural person; is deemed to be an “identifiable natural person” a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to its physical, physiological, genetic, psychological, economic, cultural or social identity.
Health Data: refers to Personal Data relating to the physical or mental health of a natural person, including the provision of health care services, which reveal information on the state of health of that person;
Intellectual Property Rights (or IPR): designate all rights associated with intellectual works including economic and moral copyright rights, all property rights relating to patents, brands, designs, software, databases, domain names, as well as any other intellectual property right, worldwide, already or subsequently filed or registered.
Identifiers: designate the identification elements of the User allowing him to access his Account in order to use the Application and the Associated Service. Identifying elements include:
An email address;
A password consisting of eight (8) characters
Party (s): refers individually to the Company or the User and collectively to the Company and the User.
Regulations applicable to the Protection of Personal Data: together refers to Regulation (EU) n ° 2016/679 known as “General Data Protection Regulation” or “RGPD”, Law n ° 78-17 of January 6, 1978 amended in its latest version known as the “Data Protection Act”, as well as any other applicable regulations in terms of the protection of Personal Data.
Data Controller: the natural or legal person who decides on the purpose and means of processing personal data.
Associated Service: refers to the MIA Healthcare Forum to which the User has access by using the Application or directly on the SantéNet site at the following address https://www.sante-net.fr/forum.
Third-party means a natural or legal person, a public authority, a service or an organization other than the data subject, the Data Controller, the processor, and the persons who, placed under the direct authority of the Data Controller or the subcontractor, are authorized to process Personal Data.
User: refers to any natural person having access to and using the Application.
ARTICLE 2: DESCRIPTION OF THE APPLICATION AND ASSOCIATED SERVICE
In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the description of the Application made available to the User by SantéNet is provided by SantéNet at the following address: https: // www.sante-net.fr/mia-confort.
This description allows the User to learn about the characteristics of the Application and its functionalities. The User declares to have read it before accepting the T & Cs.
The User is informed that the Application is software intended for people suffering from chronic physical pain. Designed to help better understand and manage pain, the App allows for daily monitoring and assessment of pain and measures all of the things that can impact the sensation of pain.
The User acknowledges that the Application was developed to be used for the purpose mentioned in this article and is informed that the Application is not a medical device and does not provide any diagnosis or therapeutic treatment for pain.
In order to assist the User in using the Application, SantéNet provides a chatbot functionality accessible from the Application menu.
SantéNet also provides the User with access to a User forum called “Forum MIA Healthcare”. The MIA Healthcare Forum offers the possibility for the User to share his experience of pain as well as any information that he deems interesting for the community of Users. This community is accessible from the Application via the “Blog” menu.
The User agrees to comply with good practice in the context of his participation in the MIA Healthcare Forum and in particular not to make any discriminatory, racist and/or aggressive comments or which do not comply with the applicable regulations. In the event of non-compliance with best practices by the User, SantéNet reserves the right to suspend or terminate access to the Application without notice and without any compensation being claimed by the User.
The User has the possibility to ask any question about the Application by email to the address email@example.com from the “contact” function accessible from the “Account settings” page.
The User also expressly acknowledges having received from SantéNet all the necessary information enabling him to assess the suitability of the Application and the Associated Service to his needs and to take all the necessary precautions for its implementation.
ARTICLE 3: ACCEPTANCE AND MODIFICATION OF THE T & Cs
The T & Cs constitute a contract between the User and SantéNet. Access and use of the Application and the Associated Services are subject to the express and unreserved acceptance by the User of the T & Cs. By accepting the T & Cs, the User is presumed to have fully read and fully understood them.
Failure to accept the T & Cs will make it impossible for the User to access and use the Application and the Associated Services.
Acceptance of the T & Cs takes place when the Account is created under the conditions provided for in the article “Account Creation”. By accepting the T & Cs, the User acknowledges having read and understood the Data Protection Policy in accordance with the terms described in the article “Creating an Account” and to which he has access on the Company’s website as well as in the Application.
SantéNet reserves the right to modify and/or update the T & Cs at any time and without notice, in particular in order to take into account any legal, jurisprudential, or technical developments.
In this case, SantéNet will inform the User by any means of this modification and/or this update of the T & Cs.
The User must then accept the modified T & Cs in order to continue to access and use the Application and the Associated Services.
The User is expressly informed that the only version of the T & Cs in force that prevails and which is authentic is the one that is accessible at any time on the Application from the login page in the section “General Conditions of Use” / in the “settings” tab when the User is logged into their Account.
ARTICLE 4: ACCESS TO THE APPLICATION AND THE ASSOCIATED SERVICE
4.1. Provision of the Application and the Associated Service by SantéNet
The Application is accessible free of charge:
either by downloading from the following legal download platforms:
Before any download, SantéNet recommends that the User be aware of the general conditions of use of said download platforms.
SantéNet does not control any download made on these platforms and therefore cannot be responsible for any difficulty that the User may encounter in downloading the Application.
4.2. Technical prerequisites for access to the Application [CL2]
Access to the Application and the Associated Services and their optimal use requires that the User has the necessary equipment, namely: computer equipment such as a PC (Windows XP, Vista, Windows 7, Windows 8+) or a MAC (Mac OS), a recent Android tablet or smartphone (minimum 5.0), a high-speed Internet connection, an Internet browser (Microsoft Internet Explorer, Google Chrome, Apple Safari, Mozilla Firefox, etc.) in its latest or penultimate version existing on the day of use of the Application and the Associated Service. These technical data are subject to change and the updated technical conditions will then be indicated in any update of the T & Cs.
All costs relating to access to the Application and its use, whether hardware, software, or Internet access costs, are the sole responsibility of the User. It is up to the User to find out the price for using said equipment or services from the operators concerned.
The User is also solely responsible for the proper functioning of the computer equipment as well as the internet access, as well as the appropriate security of the computer equipment against intrusions, the security updates of the operating systems, and the installations. antivirus.
The responsibility of SantéNet can in no case be engaged in the event of difficulty of access due to non-compliance with the prerequisites.
4.3. Account creation
Access and use of the Application by the User require the creation of an Account. To be able to create an Account, the User must have a valid email address.
The User follows the account creation procedure presented by the Application and creates an Account by entering the information requested by the creation form provided for this purpose, namely his email address and a password containing 8 characters.
When creating the Account, [CL3] the User takes note of these T & Cs by clicking on the corresponding hypertext link.
The User is invited to carefully read the T & Cs and then to check if he accepts them, the box “I have read and I accept the general conditions of use”. By checking this box, the User accepts the T & Cs under the conditions described in Article 3.
The Data Protection Policy is also displayed by means of a pop-up window / is also accessible by clicking on the corresponding hyperlink so that the User can read it. [CL4]
An email confirming the opening of the Account is automatically sent to the User to the email address he indicated when creating the Account with an internet link allowing him to validate the creation of the Account and activate this latest. [CL5]
Account activation is required to access and use the Application.
The User agrees to provide and keep the information concerning him accurate, up to date, and complete. SantéNet cannot under any circumstances be held liable in the event of a delay or inability to provide the Application due to incorrect or incomplete information in entering information concerning the User when requesting the creation of an Account.
Once connected to his Account, the User has the possibility of setting up the account by entering Personal Data concerning him.
4.4. Confidentiality of Identifiers
User IDs are strictly personal and confidential. The User agrees to keep them secret and not to disclose them to third parties for any reason, in any way and in any form.
The User ensures that at the end of each session of use of the Application, he disconnects properly, that is to say with the “Disconnect” function accessible from the “Account Settings” page.
Each User agrees to never use the Account or the Identifiers of another User.
In the event of loss, theft, or forgetting of the identification elements, the User undertakes to follow the procedure dedicated to this effect and click, on the Account access page on “Forgotten password” in order to enter their username and email address allowing them to receive a new password.
In no case can SantéNet be held liable in the event of loss or theft of User IDs or their fraudulent use.
The User is solely responsible for the use of his Identifiers by third parties (even if the User pre-registers his Identifiers on his computer or on any other type of equipment, thus allowing automatic connection to the Application) and actions and statements made through it, whether fraudulent or not. The User guarantees SantéNet against any request in this regard.
4.5. Availability of the Application
The Application and the Associated Service are provided “as is” and are accessible without any guarantee of availability and regularity.
SantéNet is only bound by an obligation of means concerning the accessibility, operation and/or availability of the Application and the Associated Service. SantéNet will therefore make its best efforts to make the Application and the Associated Service accessible 24 hours a day, 7 days a week, all year round, subject to the occurrence of a case of force majeure or an event beyond the control of SantéNet and except in cases of interruption, suspension or limitation of access to all or part of the Application and the Associated Service, in particular, due to legal or technical constraints. In this case, SantéNet will make its best efforts to make the Application and the Associated Service available again, as soon as possible.
The User expressly acknowledges that the aforementioned interruptions, suspensions, or limitations may occur at any time, without having been previously notified and that they will not give rise to any obligation or compensation for his benefit.
ARTICLE 5: USE OF THE SOLUTION AND THE ASSOCIATED SERVICE
5.1. Good use of the Solution and the Associated Services
The User acknowledges that the Application and the Associated Service are made available to him by SantéNet for use for the purposes mentioned in Article 2 and undertakes to use the Application and the Associated Service for these purposes only. The User remains in any case solely responsible for the use he makes of the Application and the Associated Service.
The User also undertakes to respect good practices of use in the context of use and participation in the Associated Service and in particular not to make any discriminatory, racist, and/or aggressive comments or which do not comply with the regulations. applicable. In the event of non-compliance with good practices by the User, SantéNet reserves the right to suspend or terminate access to the Application and the Associated Service without notice and without any compensation being claimed by the User.
5.2. Prohibited behaviors
It is strictly forbidden to use the Application and the Associated Service for the following purposes:
the exercise or effect of activities that are illegal, fraudulent, or infringe the rights or safety of third parties,
breach of public order or violation of local, national, or international laws and applicable regulations,
aid or incitement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
use the Application and/or the Associated Service to deliberately transmit material containing viruses, Trojans, spyware, or any other harmful program or similar computer code designed to interfere with the proper functioning of the Application and/or of the Associated Service,
dissociate or attempt to dissociate the elements of the Application, in particular, by using it other than for its purpose (s), by obtaining or by using previous or later versions of these components at different times or by them transferring separately, or reconstituting the logic of the Application, decompiling or disassembling it, and more generally any practice diverting the Solution for purposes other than those for which they were designed.
SantéNet may suspend all access to the Application and to the Associated Service and/or terminate the User’s Account in the event of non-compliance with this article and more generally with the provisions of the T & Cs, without prejudice to any damages that may be claimed. HealthNet.
ARTICLE 6: GUARANTEES
6.1 Legal guarantees
The Application and the Associated Service provided to the User benefit from the legal guarantee of conformity (articles L.217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code ), in accordance with the legal provisions in force.
Article L. 217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contractor has been carried out under its responsibility ”.
Article L. 217-5 of the Consumer Code:
“To be in conformity with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, if applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. “.
Article 1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price if he had known them. “
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. “
Claims made under guarantees must be sent to SantéNet by e-mail at the following address: firstname.lastname@example.org or by post at the following address: 1, Chemin des étoiles 69850 Duerne.
6.2 Other guarantees
Sant NET declares and guarantees that it has all the rights, titles, licenses, authorizations necessary to conclude the T & Cs and that the Application and the Associated Service that it provides compliance with the state of the art existing on the day of acceptance of the T & Cs by the User.
SantéNet does not grant any express or implicit guarantee, including, without this enumeration being exhaustive, as to the continuity, performance and/or sustainability of the Application and, where applicable of the Associated Service, and/or as to to the adaptation and/or conformity of any of the elements of the Application and the Associated Service such as its Content for a particular use or the needs of the User.
The Application and the Associated Service are distributed as is and subject to availability.
Access to the Application and the Associated Service implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network.
SantéNet does not guarantee in any way that the functions of the Application and the Associated Service and any Content or other elements contained therein will be available at all times, uninterrupted or error-free, that any faults or errors will be immediately corrected or that the Application and the Associated Service will at all times be free from viruses, worms, Trojans or any other component which may cause damage.
ARTICLE 7: RESPONSIBILITY
The use of the Application and the Associated Service by the User is done under his full responsibility, and can in no way engage the responsibility of SantéNet, for any reason whatsoever.
The User is responsible for any damage to his computer system or the loss of data that may result from the use of the Application and the Associated Service.
In compliance with applicable regulations, SantéNet cannot be held liable under any circumstances:
in the event of direct or indirect damage resulting from an interruption, any malfunction, suspension, or termination of the Solution, for any reason whatsoever.
in the event of direct or indirect damage resulting from the fault or failure of the User in the use of the Application and the Associated Service.
Also, SantéNet cannot be held liable, in general, in all cases where the non-performance or improper performance of its services and/or obligations under the T & Cs would result from a case of force majeure or case fortuitous beyond his control. The case of force majeure suspends the performance of the obligations arising from the T & Cs for the duration of their existence. However, if the case of force majeure had a duration of more than thirty (30) days, it would give rise to the possibility for the Parties to terminate the T & Cs.
In any event, in the event that SantéNet is held liable for a proven fault of the latter, the total cumulative liability of the Company will be expressly limited, all causes combined, to the direct and foreseeable damage suffered. by the User.
ARTICLE 8: PROTECTION OF PERSONAL DATA
8.1 Processing of Personal Data by SantéNet
As Data Controller, SantéNet is concerned about the protection of the User’s Personal Data.
As such, it undertakes to protect these, in accordance with the Regulations applicable to the Protection of Personal Data.
The Customer acknowledges and accepts that SantéNet collects and processes their Personal data entered when creating the Account and in the context of the use of the Application to allow their access to the Application, their use, to respond to their requests, to facilitate its identification, ensure the management of the Account as well as statistics.
By providing Personal Data that meets the definition of Health Data, the User accepts that SantéNet may have access to it for the strict needs of using the Application. No Health Data will be transmitted to Third Parties.
SantéNet undertakes not to sell, rent or transmit the User’s Personal Data to Third Parties except under a legal or judicial obligation requiring it to do so. The User’s Personal Data will be kept for the time necessary for the purpose of their processing, as provided above.
When the User’s Account is closed, SantéNet will restore the User’s Personal Data at his request under the conditions provided for in the article “consequences of termination” and will keep a copy that it will archive for the legal period necessary for the establishment and defense of a legal right.
At the end of the archiving period, the Personal Data will be erased or made anonymous.
SantéNet undertakes to take and maintain appropriate security measures for its information system in order to protect the confidentiality of the User’s Personal Data in accordance with the Regulations applicable to the Protection of Personal Data and, in particular, prevent its Personal Data is not distorted, damaged, or that unauthorized third parties have access to it.
8.2 User rights
In accordance with the Regulations Applicable to the Protection of Personal Data, the User has a right of access, rectification, erasure, limitation, and portability of personal data concerning him. The User also has the right to object to the processing of personal data concerning him, as well as the right to lodge a complaint with the National Commission for Computing and Freedoms. ” he considers that the processing carried out by SantéNet constitutes a violation of his Personal Data.
Finally, the User has a right to define the fate of his Personal Data after his death exercised by the person he has appointed or his heirs.
These rights can be exercised at any time with SantéNet by sending a letter to the following address: 1, Chemin des étoiles 69850 Duerne or by email to the following address: email@example.com
8.3. Hosting of User Personal Data
Any Personal Data of the User provided or collected through the Application will be stored on the SantéNet server (s) located at 1, Chemin des étoiles 69850 Duerne.
ARTICLE 9: INTELLECTUAL PROPERTY
The Application is published by SantéNet and is protected by IPRs that belong to SantéNet or to third parties who have authorized SantéNet to use them.
As such, SantéNet guarantees the User against any request, claim or action for infringement relating to the Application, on the condition that the User (i) promptly notifies the Company of said claim or action, (ii) allows SantéNet to defend and/or settle the said claim alone, and (iii) provide SantéNet with all the assistance necessary in the defense and/or resolution of the dispute. In the defense or resolution of the dispute, SantéNet may, at its sole discretion, (i) obtain the right, for the User, to continue to use the Application, (ii) modify/replace the infringing correlative elements so that they no longer infringe the rights of the third party, without affecting the proper performance of the Application, or (iii) terminate the T & Cs.
SantéNet does not transfer to the User and does not grant him any IPR on the Application except for a personal, limited, non-exclusive, and non-transferable right to access and use the Application and the Associated Service. The User may therefore not claim any other right over the Application, in whole or in part, directly or indirectly.
Any reproduction or representation, in whole or in part, of the Application without the prior written consent of SantéNet constitutes a violation of the IPRs of SantéNet or of third party licensors and is liable to lead to civil and criminal proceedings.
The names and logos on the Application and the Associated Service belong to SantéNet. Any representation, reproduction, and/or exploitation, in whole or in part, of these names and logos, of any nature whatsoever, is totally prohibited.
The violation of the preceding stipulations would expose the User to any person responsible to the penal and civil sanctions envisaged by the law, including damages for infringement of intellectual property rights.
ARTICLE 10: DURATION – SUSPENSION – TERMINATION
The T & Cs come into force upon their acceptance by the User and for the entire duration of access and use of the Application and the Associated Service by the User. It is specified, however, that certain provisions of the T & Cs are intended, by their nature, to survive the expiration or termination thereof. These include, but are not limited to, the provisions of articles relating to “Protection of personal data”, “Intellectual Property”, “Guarantees” and “Liability”.
If SantéNet considers that the use of the Application and the Associated Service by the User does not comply with the provisions contained in the T & Cs and more generally the regulations applicable to the latter reserves the right to deactivate the User’s Account. and suspend access to the Application and to the Associated Service.
If the Application is not used by the User for a continuous period of 24 months, the User is informed that SantéNet will deactivate the Account, and access to the Application will be suspended for a period of 24 months. which the User can ask SantéNet to reactivate his Account by sending a request to the address mentioned in the “Contacts” article. Failing to make such a request, the Account will be permanently deactivated at the end of the suspension period and the T & Cs will be considered terminated without any other necessary formality on the part of SantéNet.
10.3. Termination for convenience
The User may terminate the T & Cs at any time, free of charge, without having to justify their decision, by simple letter addressed to Santé NET [CL6]. Upon receipt, SantéNet closes the Account.
The fate of Personal Data is regulated in accordance with the article “Consequences of termination”.
10.4. Termination for fault
In the event of the User’s breach of the T & Cs, SantéNet reserves the right to automatically terminate the T & Cs, without prior notice, without notice or compensation, and therefore access to the Application and/or the Service. Associate. Termination results in the deletion of the Account by SantéNet and the fate of Personal Data is settled in accordance with the article “Consequences of termination”.
SantéNet may pronounce this termination without prejudice to any damages to which it may claim, in the event of non-compliance by the User with any of his obligations.
10.5. Consequences of termination
In the event of termination of the T & Cs, SantéNet undertakes to destroy the User’s Personal Data stored on its IT infrastructure and will send the User a certificate of destruction of the Personal Data in writing. The User, if he wishes, may before the closure of his Account for any reason whatsoever, ask SantéNet to communicate to him all his Personal Data that he has in his possession at the following email address: contact @ sante-net.fr or by post to the following address: 1, Chemin des étoiles 69850 Duerne.
ARTICLE 11: MISCELLANEOUS PROVISIONS
11.1 Completeness: The T & Cs constitute the entire agreement between the Parties relating to these Terms.
11.2 Interpretation of titles: The titles and sub-titles of the articles of the T & Cs are given for reference only and do not limit the scope of the corresponding articles. In the event of difficulties of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
11.3 Independence: In the event that certain provisions of the T & Cs are inapplicable for any reason whatsoever, including due to applicable law or regulation, or following a decision of a competent court that has become final, the Parties will remain bound by the other provisions of the T & Cs and SantéNet will endeavor to remedy the inapplicable clauses in the same spirit as that which presided over when they were drawn up.
11.4 Non-waiver: The failure for either Party to avail itself, at any given time, of any of the provisions of the T & Cs, cannot be interpreted in the future as a waiver of the rights that she keeps presents.
11.5 Proof: The Parties agree to consider messages received by fax or electronic means and more generally electronic documents exchanged between them, as original writings within the meaning of article 1366 of the Civil Code, i.e. as having the same value as that given to the original. The Parties agree to keep faxes or electronic documents in such a way that they can constitute faithful and durable copies within the meaning of Article 1379 of the Civil Code.
ARTICLE 12: APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
The T & Cs are governed and interpreted in accordance with French laws and regulations. The User expressly accepts that all disputes and disputes relating to the T & Cs, their interpretation, validity and/or execution, not resolved amicably after a period of thirty (30) calendar days from the first notification of the dispute, be submitted to the territorially and materially competent courts.
ARTICLE 13: CONTACT
For any information on these T & Cs, the User can contact SantéNet at the email address firstname.lastname@example.org or by post at the following address: 1, Chemin des étoiles 69850 Duerne.
[CL1] To be confirmed or modified.
[CL2] To be completed and/or modified if necessary.
[CL3]: The T & Cs must be accessible either by hypertext link or by a pop-up window.
[CL4] To be adapted according to the process
[CL5] I would like to draw your attention to the confirmation email, the wording of which may be confusing.
The email whose subject line is “Welcome to Mia Confort” refers to a link to Mia Healthcare, an app quickly identified on the internet as an app separate from Mia Confort.
In addition, the wording indicates “this link can only be used once to validate your account and only [only?] On your mobile where the Mia-Healthcare application is installed”.
This link does not validate the account also from a computer.
[CL6] To be adapted according to your processes. I haven’t seen an “unsubscribe” feature on the app.
1, chemin des étoiles
FR – 69850 Duerne
Tel : 06 03 64 33 28
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