PREAMBLE
These general conditions of use (hereinafter the “T&Cs”) are concluded between the company HealthWorks France (hereinafter “HealthWorks”) and any person (hereinafter the “User”) who undertakes to access and to browse the HealthWorks website, accessible at the URL address www.medactiv.com (hereinafter the “Website”). This applies without necessarily subscribing to the conditions proposed elsewhere, such as acts of purchase in line with “general conditions of sale” online, for professionals (“B to B”) or for consumers (“B to C"), nor to the conditions linked to the uses of the products offered, contained in the specific product sheets.
Access to and navigation on the Website are subject to strict compliance with the T&Cs of which all Users must have previously read.
Accessing and browsing the Website constitutes, on the part of any User, unreserved acceptance of the T&Cs in force, which impose certain obligations and constraints on behavior and use.
ARTICLE 1: OBJECT
These T&Cs define all the conditions and terms of use of the Website by any Internet user or User who accesses and browses said Website, whether a simple visitor or purchaser of products and services provided by HealthWorks. It is specified that the acts of purchase are governed, in addition, by the general conditions of sale and the use of HealthWorks products by the notices relating to each of them.
It is also specified that everything concerning the personal data of Users is governed by the documents accessible elsewhere, entitled, on the one hand: “Personal data policy” and on the other hand: “Legal notices”.
ARTICLE 2. GENERAL DESCRIPTION OF THE WEBSITE
2.1. General description of the content of the Website
This Website is a commercial site which allows any natural or legal person, whether a professional or an individual, to place orders for health products.
Sales of HealthWorks products and services are governed by the “general conditions of sale”.
2.2. Access terms
2.2.1 Creation of a “personal” account
Simply browsing the Website does not require any identification from the User with HealthWorks.
On the other hand, in order to be able to fully exploit the resources of the Website and in particular to place orders for products offered by HealthWorks, the User is invited, at their choice, to create a “personal” account for which they will be asked to provide information. a certain amount of data, some of which may be of a personal nature.
The formal creation of the account will be done after validation of the information by the administrators of the Website.
Users undertake to ensure that the data thus communicated is accurate and up to date. HealthWorks will in no way be held responsible for any problem or damage linked to the inaccuracy or obsolescence of the data thus communicated by Users. However, in accordance with the law, Users can at any time, upon simple request, by proving their identity and complying with the procedure provided for this purpose by HealthWorks, have access to the data relating to their account and proceed to their modification, correction or rectification.
Upon creation of the account, the User is assigned an identifier and a password (hereinafter the “Credentials”) allowing him to access his private account. Users must ensure that they use appropriate Identifiers and will be solely responsible for the level of security of said Identifiers.
HealthWorks guarantees the security of its own storage, management and hosting system, which meets applicable legal and regulatory requirements and high quality standards, but it cannot, unless proven failure attributable to it, be held responsible. responsible for the consequences of acts attributable to the User's imprudence, which would give rise to fraudulent use of said Identifiers.
2.2.2 Use of the access code
Users have the possibility of changing their password from their first connection to the Website. During subsequent connections, Users will be able to enter the Usernames and passwords they have chosen.
HealthWorks recommends that Users change their password regularly.
If they forget or lose their password, the User concerned must regenerate a new one which will be sent to their email address via the “Forgotten password? ".
In the event of theft of the identifier and/or password, or in the event of proven or suspected use of said Identifiers by an unauthorized third party, the User concerned must immediately contact HealthWorks via the “Contact” section.
2.2.3 Confidentiality of Identifiers
Identifiers are personal and confidential. They can only be changed at the request of the User or at the initiative of HealthWorks. The User is solely and entirely responsible for the use of the Identifiers concerning him and undertakes to make every effort to keep his Identifiers secret and not to disclose them to anyone, in any form whatsoever. In the event of loss or theft of one of the Identifiers concerning them, the User is responsible for any harmful consequences of this loss or theft, and must use, as soon as possible, the procedure allowing them to modify them.
2.2.4 Rule of proof
The User accepts the use of electronic messaging and/or other written telecommunications systems (SMS, etc.) for the transmission of information relating to the services provided by HealthWorks or to the conclusion or execution of their commercial relations.
Users expressly acknowledge that:
(i) The presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message;
(ii) An electronic document containing an identification code is equivalent to a writing signed by the issuing person;
(iii) The parties may rely on the printing on paper of an electronic message from electronic messaging software to prove the content of the exchanges they have regarding the execution of these T&Cs.
2.3. Availability of the Website
Prior to accessing the Website, it is up to all Users to check that the computer configuration they use is compatible with browsing and using the Website, that it does not contain any viruses and that it is in good working order.
HealthWorks undertakes to make its best efforts to ensure that the Website is accessible to all Users 24 hours a day, 7 days a week and all year round.
However, HealthWorks reserves the right, without notice or compensation, to temporarily or permanently close access to all or part of the Website (in particular for the purposes of maintaining, updating or upgrading the Website, or in due to technical problems) and will not be held responsible for any direct or indirect damage that may result.
More generally, HealthWorks cannot be held responsible in the event of unavailability of the Website for any reason whatsoever.
HealthWorks does not control the risks linked to the operation of the Internet and draws the User's attention to the existence of constraints, risks and limits, linked to possible telecommunications interruptions, denials of service, viruses, computer bugs, and any other event beyond the control of HealthWorks that prevents the availability of the Website.
ARTICLE 3. RESPONSIBILITY
3.1. User Responsibility
All Users undertake to use the Website in a fair and lawful manner, in strict compliance with these T&Cs.
The User undertakes not to carry out any act which would be likely to limit, disrupt, block or prohibit in any way whatsoever, partially or totally, including temporarily, the normal operation of the Website. The following provisions are in particular covered, and without this list being exhaustive: any spam, virus, worm or Trojan horse, or any attack whatsoever on the HealthWorks website and information system.
The User is also prohibited from extracting, collecting, downloading, or exploiting all or part of the Website with a view to offering a similar service and/or in violation of the rights of HealthWorks or third parties.
The User undertakes not to access in any way whatsoever the parts of the Website to which access is reserved for authorized Users, including Users with a personal account and administrators of the Website.
Furthermore, any User with a personal account undertakes to preserve the confidentiality of their username and password.
All Users undertake in particular not to transmit them to any third party whatsoever, and agree to bear full responsibility for any act involving the use of their username and password.
Any User guarantees HealthWorks against any recourse or action, which would be based on or originating from data, information or elements appearing on their personal account which could be brought against them for any reason or for any reason whatsoever, by any third party.
HealthWorks reserves the right to temporarily or permanently interrupt access to the Website for any User, at its sole discretion without notice or compensation, due to a breach of one or other of the provisions set out in the T&Cs. or the laws and regulations in force on French territory, and without prejudice to any action that could be taken by HealthWorks.
3.2. HealthWorks Responsibility
Responsibility for use of the Internet network
HealthWorks cannot be held liable for damages for any direct or indirect damage suffered by any User and resulting from the temporary or permanent, involuntary or voluntary interruption of the Website.
HealthWorks cannot be held responsible for the constraints, risks and limits, referred to above, inherent to the use of the Internet network, in the event of a computer bug, failure or blocking of telecommunications, denial of service, viruses, attacks on the network or systems. information, and any other case beyond the control of HealthWorks.
Responsibility for the content of the Website
The content published on the Site comes from sources deemed reliable and is made available to Users for information purposes only. HealthWorks makes its best efforts to offer Users quality content.
HealthWorks does not guarantee the completeness, updating, exhaustiveness, reliability, veracity, relevance or accuracy of the content or information published on the Site. Where applicable, and subject to notification to HealthWorks of errors or omissions via the “Contact” section, HealthWorks can only undertake to make the necessary rectifications as quickly as possible and taking into consideration technical and material constraints. existing.
In all cases, the contents or information published on the Site do not exempt any Users from carrying out their own checks of the said contents and information provided.
Users are solely responsible for the proper use, with discernment, of the content and information made available to them on the Site.
Consequently, HealthWorks cannot be held liable for the content or information offered on the Site, for any direct or indirect damage of any nature whatsoever. The use of the information, content and/or documents available on this site is done under the full and sole responsibility of the User, who assumes all the consequences that may result therefrom. No recourse may be exercised against HealthWorks in this respect.
HealthWorks cannot be held responsible in the event of dissatisfaction or damage suffered as a result of legal or other decisions concerning said content, documents or information published on the Site.
The content, information and/or documents available on the Site are subject to modification at any time, and may have been updated. In particular, they may have been updated between the time of their download and the time when the user becomes aware of them.
Liability for hypertext links
The Website makes available to Users, for information purposes, several hypertext links or news feeds to third-party websites, including social networks.
Likewise, HealthWorks may authorize third-party websites to create a hyperlink to the Website under the conditions of ARTICLE 4.
The User is informed that HealthWorks does not exercise any editorial control, and does not intend to give any approval or disapproval, over all third party websites concerned.
Consequently, HealthWorks cannot be held responsible for direct or indirect damage to the User that may result from access, content, use or malfunctions of websites published by third parties.
ARTICLE 4. INTELLECTUAL PROPERTY
HealthWorks Intellectual Property Rights
The Website and all its elements, such as the domain name, any brand, logo, software, tree structure, database, graphic charter, design and model, illustration, animation, image, text, are protected by intellectual property rights.
HealthWorks is the exclusive or authorized owner of the intellectual property rights relating to the Website and all of its elements. It is specified that any copy, reproduction, representation, adaptation, alteration, modification, unauthorized distribution, in whole or in part, extraction or reuse, repeated or systematic, including for private purposes, of all or part of the Website, by any means whatsoever, may constitute an infringement and/or an offense, which may be sanctioned either civilly or criminally.
Creation of hypertext links
The creation of hypertext links to the Website can only be carried out with the prior written authorization of HealthWorks, this authorization may be freely revoked at any time.
Photo credits
The photos displayed on the Website come from different sources. HealthWorks has the rights relating to their use. Any copy, reproduction, or use for any reason whatsoever from the site is prohibited and would be punishable by the laws in force.
ARTICLE 5. PERSONAL DATA
HealthWorks collects the User's personal data (hereinafter the “Personal Data”), particularly during navigation, the membership procedure or through the “Contact” section of the Website.
When collecting said Personal Data, the User expressly undertakes to only communicate to HealthWorks complete, accurate and up-to-date information, and not prejudicial to the interests or rights of third parties.
HealthWorks is particularly attentive and protects the privacy of the User and informs them that the Personal Data which concerns them are processed in accordance with the law "Informatique et Libertés" of January 6, 1978 as subsequently amended, in particular by the law of 6 August 2004, as well as by subsequent texts which derive their origin from French law, conventions and treaties, as well as by texts emanating from the European Union. The collection and processing of Visitors' personal data have been declared to the CNIL under declaration receipt no. 1820891 v 0 of September 18, 2014.
HealthWorks invites the User to consult the Personal Data policy in which the conditions and methods of processing the User's Personal Data are detailed.
ARTICLE 6. MODIFICATION OF THE T&Cs
HealthWorks reserves the right to freely modify the terms of the T&Cs at any time. Any modification made to the T&Cs comes into force as soon as it is posted online. Consequently, the User is required to consult the T&Cs, when accessing the Website, and during any subsequent navigation and/or use of the Website, in order to become aware of any modifications that may have occurred.
These T&Cs form the latest version in force of the T&Cs. As such, they take precedence over any other previous version and constitute the entire agreement between HealthWorks and the User.
In the event of disagreement with these T&Cs, the User must refuse to access, browse and use the Website for any purpose whatsoever.
ARTICLE 7. SETTLEMENT OF DISPUTES
These T&Cs are subject to French law.
In the event of a dispute and after an attempt to seek an amicable settlement, any dispute relating to the acceptance, validity, interpretation, application, or execution of any of the provisions of these T&Cs, is assigned express agreement to the Courts within the jurisdiction of the Paris Court of Appeal, which have sole jurisdiction, regardless of the place of subscription and notwithstanding multiple defendants, or warranty claims.