GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
These general terms and conditions of use (hereinafter the "GTCU") are concluded between iHEALTHLABS EUROPE (hereinafter "iHealth") and any person (hereinafter the "User") who accesses and browses the iHealth website, accessible at the URL address www.ihealthlabs.eu (hereinafter the "Website"). This applies without the User necessarily subscribing to the conditions proposed elsewhere, such as online purchasing with the online "general conditions of sale", for professionals ("B to B") or for consumers ("B to C"), or to the conditions relating to the use of the products offered, contained in the product-specific sheets.
Access to and browsing of the Website are subject to strict compliance with the GTCU, which all Users must have read in advance.
By accessing and browsing the Website, Users accept unreservedly the GTCU in force, which impose certain obligations and constraints in terms of behaviour and usage.
ARTICLE 1. SUBJECT
These GTCU define all the terms and conditions of use of the Website by all Internet users accessing and browsing the Website, whether they are simply visitors or purchasers of products and services provided by iHealth. It is specified that the acts of purchase are governed, in addition, by the general conditions of sale and the use of iHealth products by the notices relating to each of them.
It is also specified that everything concerning Users' personal data is governed by the documents accessible elsewhere, entitled, on the one hand: "Personal data and confidentiality policy" and on the other hand: "Notice relating to personal health data".
ARTICLE 2. GENERAL DESCRIPTION OF THE WEBSITE
2.2 How to access the site
2.2.1 Creation of a "personal" account
Simply browsing the Website does not require the User to identify him/herself to iHealth.
However, in order to make full use of the resources of the Website, and in particular to place orders for products offered by iHealth, the User is invited, at his or her discretion, to create a "personal" account for which he or she will be asked to provide a certain amount of information, some of which may be of a personal nature.
In this case, iHealth will send an electronic message confirming registration and confirming the User's identifier and access code. To activate his/her account, the User must click on the personalised link to this effect.
The account will be formally created once the information has been validated by the Website administrators.
Users undertake to ensure that the data they provide is accurate and up to date. iHealth will under no circumstances be held responsible for any problems or prejudice arising from the inaccuracy or obsolescence of the data provided by Users. Nevertheless, in accordance with the law, Users may at any time, on simple request, by proving their identity and complying with the procedure provided for this purpose by iHealth, have access to the data relating to their account and proceed with their modification, correction or rectification.
As soon as the account is created, the User is given an identifier and a password (hereinafter referred to as the "Identifiers") enabling him/her to access his/her private account. Users must ensure that they use appropriate Identifiers and are solely responsible for the level of security of said Identifiers.
iHealth guarantees the security of its own storage, management and hosting system, which complies with applicable legal and regulatory requirements and high quality standards, but it may not, except in the event of a proven fault attributable to it, be held responsible for the consequences of acts attributable to imprudence on the part of the User, which would give rise to fraudulent use of the said Identifiers.
2.2.2 Use of the access code
Users have the option of changing their password when they log on to the Website for the first time. On subsequent connections, Users will be able to enter the Identifiers and passwords they have chosen.
iHealth recommends that Users regularly change their password.
If the User forgets or loses his/her password, he/she must regenerate a new one, which will be sent to his/her e-mail address via the "Forgot your password?
In the event of theft of the identifier and/or password, or in the event of proven or suspected use of the said Identifiers by an unauthorised third party, the User concerned must immediately contact iHealth via the "Contact" section.
2.2.3 Confidentiality of Identifiers
Identifiers are personal and confidential. They may only be changed at the User's request or at iHealth's initiative. The User is solely and entirely responsible for the use of his/her Identifiers and undertakes to do everything possible to keep his/her Identifiers secret and not to divulge them to anyone, in any form whatsoever. In the event of the loss or theft of one of his/her Identifiers, the User is responsible for any damaging consequences of this loss or theft, and must use the procedure enabling him/her to modify them as soon as possible.
2.2.4 Rule of proof
The User accepts the use of electronic messaging and/or other written telecommunication systems (SMS, etc.) for the transmission of information relating to the services provided by iHealth or to the conclusion or performance of their commercial relationship.
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 issuer;
(iii) The parties may rely on a paper printout of an electronic message from an electronic messaging software to prove the content of the exchanges they have concerning the performance of these GTCU.
2.3. Availability of the Website
Prior to accessing the Website, it is the responsibility of all Users to check that the computer configuration they are using is compatible with browsing and use of the Website, that it does not contain any viruses and that it is in good working order.
iHealth undertakes to do its utmost to ensure that the Website is accessible to all Users 24 hours a day, 7 days a week, all year round.
Nevertheless, iHealth reserves the right, without prior notice or compensation, to temporarily or permanently close access to all or part of the Website (in particular for the purposes of maintenance, updating or upgrading the Website, or due to technical problems) and shall not be held liable for any direct or indirect damage that may result.
More generally, iHealth may not be held liable in the event of the Website being unavailable for any reason whatsoever.
iHealth does not control the risks associated with the operation of the Internet and draws the User's attention to the existence of constraints, risks and limits associated with possible telecommunications interruptions, denial of service, viruses, computer bugs, and any other event beyond iHealth's control that may prevent the availability of the Website.
ARTICLE 3. LIABILITY
3.1 Responsibility of the User
All Users undertake to use the Website in a fair and lawful manner, in strict compliance with these GTCU.
The User undertakes not to carry out any act that would be likely to limit, disturb, block or prohibit in any way whatsoever, partially or totally, including temporarily, the normal operation of the Internet Site. The foregoing provisions include, but are not limited to, any spam, virus, worm or Trojan horse, or any attack whatsoever on the Website or iHealth's information system.
The User also undertakes not to extract, collect, download or exploit all or part of the Website with a view to offering a similar service and/or in violation of the rights of iHealth or third parties.
The User undertakes not to access in any way whatsoever those parts of the Website to which access is reserved for authorised Users, including Users with a personal account and administrators of the Website.
Furthermore, all Users with a personal account undertake to keep their login and password confidential.
In particular, all Users undertake not to pass them on to any third party whatsoever, and agree to bear full and entire responsibility for any act involving the use of their login and password.
All Users guarantee iHealth against any recourse or action, based on or originating from data, information or elements appearing on their personal account, which may be brought against them in any capacity or for any reason whatsoever, by any third party.
iHealth reserves the right to temporarily or permanently interrupt access to the Website for any User, at its sole discretion, without prior notice or compensation, due to a breach of any of the provisions set out in the GTCU or the laws and regulations in force on French territory, and without prejudice to any action that may be taken by iHealth.
3.2. iHealth's liability
Liability for use of the Internet network
iHealth may not be held liable for damages, for any direct or indirect damage, which may be suffered by any User and resulting from the temporary or definitive, involuntary or voluntary interruption of the Website.
iHealth may not be held responsible for the constraints, risks and limits, referred to above, inherent in the use of the Internet network, in the event of computer bugs, failure or blockage of telecommunications, denial of service, viruses, attacks on the network or information systems, and any other event beyond iHealth's control.
Responsibility for the content of the Website
The content published on the Website comes from sources reputed to be reliable and is made available to Users for information purposes only. iHealth makes every effort to provide Users with quality content.
iHealth does not guarantee the completeness, updating, exhaustiveness, reliability, truthfulness, relevance or accuracy of the content or information published on the Site. Where applicable, and subject to notification to iHealth of errors or omissions via the "Contact" section, iHealth can only undertake to make the necessary corrections as soon as possible and in consideration of existing technical and material constraints.
In all cases, the content or information published on the Site does not exempt Users, whoever they may be, from checking the said content and information themselves.
Users are solely responsible for the proper use, with discernment, of the content and information made available to them on the Site.
Consequently, iHealth may not be held liable for any direct or indirect damage of any nature whatsoever in respect of the content or information offered on the Website. Use of the information, content and/or documents available on this site is the sole responsibility of the User, who assumes all consequences that may arise. No recourse may be taken against iHealth in this respect.
Nor may iHealth be held liable in the event of dissatisfaction or prejudice suffered as a result of judicial or other decisions concerning the said content, documents or information published on the Site.
The content, information and/or documents available on the Site may be modified at any time and may have been updated. In particular, they may have been updated between the time they were downloaded and the time the user became aware of them.
Liability for hypertext links
For information purposes, the Website provides Users with several hypertext links or news feeds to third-party websites, including social networks.
Similarly, iHealth may authorise third-party websites to create a hypertext link to the Website under the conditions set out in ARTICLE 4.
The User is informed that iHealth exercises no editorial control, and does not intend to give any approval or disapproval, over all the third-party websites concerned.
Consequently, iHealth may not be held liable for any direct or indirect damage to the User that may result from access to, content on, use of or malfunction of websites published by third parties.
ARTICLE 4. INTELLECTUAL PROPERTY
iHealth's intellectual property rights
The Website and all of its components, such as the domain name, any brand, logo, software, tree structure, database, graphic charter, design, illustration, animation, image and text, are protected by intellectual property rights.
iHealth is the exclusive or authorised holder of the intellectual property rights relating to the Website and all of its components. It is specified that any copy, reproduction, representation, adaptation, alteration, modification, unauthorised distribution, whether in whole or in part, extraction or re-use, whether repeated or systematic, including for private purposes, of all or part of the Website, by any means whatsoever, may constitute counterfeiting and/or an infringement, which may be punished either civilly or criminally.
Creation of hypertext links
Hypertext links to the Website may only be created with iHealth's prior written authorisation, which may be freely revoked at any time.
The photos displayed on the Website come from various sources. iHealth holds the rights to their use. Any copy, reproduction or use for any purpose whatsoever from the website is prohibited and would be punishable by the laws in force.
ARTICLE 5. PERSONAL DATA
iHealth collects the User's personal data (hereinafter referred to as the "Personal Data") in particular during browsing, the membership procedure or via the "Contact" section of the Website.
When collecting the said Personal Data, the User expressly undertakes to provide iHealth only with complete, accurate and up-to-date information, and not to prejudice the interests or rights of third parties.
iHealth is particularly attentive to and protects the privacy of the User and informs him/her that the Personal Data concerning him/her is processed in accordance with the "Informatique et Libertés" law of 6 January 1978 as subsequently amended, in particular by the law of 6 August 2004, as well as subsequent texts originating from French law, conventions and treaties, as well as texts emanating from the European Union.
The collection and processing of Visitors' personal data has been declared to the CNIL under declaration receipt no. 1820891 v 0 dated 18 September 2014.
iHealth invites the User to consult the Personal Data policy (hereinafter the "Personal Data Policy"), or the specific notices relating to iHealth's products and applications, in particular the "Notice relating to personal health data", in which the terms and conditions for processing the User's Personal Data are detailed.
ARTICLE 6. MODIFICATION OF THE GTCU
iHealth reserves the right to modify the GTCU freely and at any time. Any modification made to the GTCU comes into force as soon as it is put online. Consequently, the User is required to consult the GTCU as soon as he/she accesses the Website, and at the time of any subsequent browsing and/or use of the Website, in order to be aware of any changes that may have been made.
These GTCU are the latest version of the GTCU in force. As such, they take precedence over any previous version and constitute the entire agreement between iHealth and the User.
In the event of disagreement with these GTCU, the User must refrain from accessing, browsing and using the Website for any purpose whatsoever.
ARTICLE 7. SETTLEMENT OF DISPUTES
These GTCU are governed by French law.
In the event of a dispute, and after an attempt has been made to reach an amicable settlement, any dispute relating to the acceptance, validity, interpretation, application or performance of any of the provisions of these GTCU shall, by express agreement, be referred to the Courts within the jurisdiction of the Paris Court of Appeal, which shall have exclusive jurisdiction, regardless of the place of subscription and notwithstanding multiple defendants or the introduction of third parties.
GENERAL CONDITIONS OF USE FOR THE iHealth MyVitals and iHealth Gluco-Smart APPLICATIONS
These general terms and conditions of use govern all relations between iHealthLabs Europe, a limited liability company with capital of €624. 000, whose registered office is located at 36 rue de Ponthieu - 75008 PARIS, registered in the PARIS Trade and Companies Register under no. 792 514 341 (hereinafter "iHealth") and its non-professional clients who use the applications (hereinafter "the Users" or "the User") known as iHealth MyVitals and iHealth Gluco-Smart (hereinafter "the Application" or "the Applications").
Prior to any request for service, the User acknowledges that he/she has read these general terms and conditions of use in their entirety. Use of the iHealth MyVitals and iHealth Gluco-Smart Applications implies full acceptance of these terms and conditions.
The General Terms and Conditions may be updated at any time by iHealthLabs Europe, without prior notice, to reflect changes to the service, changes in legislation or for any other legitimate reason. The version of the General Terms and Conditions that is enforceable between the parties is permanently available on the https://ihealthlabs.eu/ website.
The purpose of these General Terms and Conditions is to define the rights and obligations of the Parties in the context of the use of the iHealth MyVitals and iHealth Gluco-Smart Applications offered by iHealthLabs Europe.
iHealthLabs Europe manufactures and distributes innovative connected health products: wellness products, medical devices and applications for monitoring health data.
The iHealth MyVitals application enables you to track the measurements taken with iHealth connected products.
The iHealth Gluco-Smart application is dedicated to the iHealth range of blood glucose meters for monitoring blood glucose levels at home, particularly for diabetics.
The User is informed that iHealth Applications are designed to work with iHealth activity bracelets, scales, blood pressure monitors, connected pulse oximeters and blood glucose meters.
iHealth blood glucose meters are in vitro diagnostic medical devices for self-monitoring and self-treatment that comply with standard NF EN ISO 15197.
It should be noted, however, that the information provided by iHealth Applications and all iHealth connected products is not a substitute for medical advice from a healthcare professional.
The use of iHealth Applications and iHealth connected products is the responsibility of each user.
Create an account
Use of the Service requires an Internet connection and mobile equipment of reasonable performance. The User's equipment must be configured to allow the Application to function.
Access to the service is by identification via a username and password entered when creating a user account.
When creating an account, the User must complete all fields truthfully and accurately in order to guarantee the correct operation of iHealth products. A valid e-mail address is essential for the service to function properly.
Use of the account is strictly personal.
The User guarantees iHealth that he alone has access to the data stored in his account. The User is obliged to keep his/her login and password confidential. iHealth accepts no responsibility for any damage caused by fraudulent use of the User's account.
The User undertakes to notify iHealth immediately of any unauthorised use of his/her account. Any lost password will be reset by iHealth at the User's request. iHealth reserves the right to refuse abusive requests by the User to change his/her password.
Registered Users may request the deletion of their account at any time by e-mail to the following address: firstname.lastname@example.org. However, the User is informed that any request to delete his/her account may prevent the recovery of data communicated in the context of the use of the Application. In this respect, the User shall ensure that, prior to any request for deletion of his/her account, he/she has taken all measures necessary for the preservation of his/her data. Failing this, iHealth may not be held liable for any prejudice suffered by the User as a result of this loss of data.
In the event of non-compliance with these Terms and/or fraud observed by a third party, the judicial authorities or iHealth, iHealth reserves the right to suspend or delete the User's account.
Any new registration request following the deletion of a User account under the aforementioned conditions will be subject to iHealth's express acceptance.
The iHealth application also offers a method of connection via a third-party account (facebook, twitter or evernote). It is specified that the use of such a connection mode may involve the transmission of data to third-party applications. It is the User's responsibility to read the specific conditions of the third-party applications in order to understand the nature of the data that may be collected.
The Application is available 7 days a week, 24 hours a day.
iHealth reserves the right to change, modify or suspend access to the Application without prior notice for maintenance or any other legitimate reason.
Unavailability of the Application does not entitle the User to any compensation.
In the event of planned unavailability of the Application, the User will be informed by any appropriate means, in particular by displaying a notice on the home page of the Application.
Personal data and data confidentiality policy
In accordance with law no. 78-17 of 6 January 1978, the User is hereby informed that the Application collects personal data for the proper operation of the service.
The processing of personal data collected via the Application is subject to a declaration to the CNIL.
Users have the right to access, rectify and delete their personal data by writing to: iHealthLabs Europe, 36 rue de Ponthieu - 75008 PARIS or by sending an e-mail to the following address: email@example.com.
iHealth reserves the right to request proof of identity from any person wishing to exercise the aforementioned rights.
iHealth implements security measures concerning the confidentiality and integrity of the User's data. iHealth undertakes to take all useful and reasonable precautions to preserve the security of the data collected from the User and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.
The functions of the Application are implemented in a secure environment ensuring the encryption of all personal data and communications with the User.
However, iHealth only has an obligation of means in this respect and not an obligation of result.
iHealth is the only recipient authorised to receive communication of the User's personal data.
iHealth does not divulge any User data without the User's prior authorisation, except in the event of a court order.
The User is informed that, in accordance with the provisions of Article 20 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, he or she has a right to the portability of personal data concerning him or her processed as part of the Application to be exercised with iHealth Company.
Unless the User expressly instructs iHealth in accordance with article 40-1 of the French Data Protection Act of 6 January 1978, the fate of the User's account and associated data will be decided by his/her heirs.
For further information, please consult the notice on health data.
It is expressly agreed that the computer logs processed by the computer systems of iHealth, its host and its payment service providers, as well as the data collected as part of the use of the Application, are considered valid means of proof between the parties.
iHealth may not be held liable, directly or indirectly, for any damage suffered by the User or his/her equipment as a result of :
- Any interruption of the Service beyond iHealth's control and/or caused by any misconduct or negligence whatsoever;
- Any incident or interruption to the Application caused by malfunction and/or inadequacy of the User's equipment, hardware and/or software and infrastructure;
- A case of force majeure as defined by the French Supreme Court;
- Unauthorised intrusion by a third party into iHealth's computer system resulting in the distribution of harmful software.
The data displayed by the Application is indicative and depends in part on the settings made by the User and the software environment in which it is installed. iHealth cannot be held responsible for any inaccuracies, inconsistencies or errors in the Application and the data displayed.
Similarly, iHealth cannot be held responsible for the use of data by applications developed by third parties and used by the User.
Users are reminded that they are solely responsible for setting the parameters of their mobile terminals and applications.
Intellectual property and user licences
iHealth grants the User a personal, private and non-commercial licence granting the right to use and access the Application to the exclusion of any authorisation to reproduce the creations, whatever their legal nature (source code, images, sounds, graphics, audiovisual sequences and others).
Reuse of the iHealth logo, graphics and brand must be requested in advance from Marketing Support.
The User is informed that all elements of the Application are protected by intellectual property law in France and similar rights in other countries, in particular the protection given by international conventions to works, trademarks and patents.
It is therefore forbidden, under penalty of civil and criminal sanctions for counterfeiting, to reproduce or have reproduced the creations, in whole or in part, temporarily or permanently, by any process, known or unknown, on any medium, including but not limited to any Internet site, intranet network, messaging system, removable media, decentralised and peer-to-peer exchange networks, weeklies, magazines, journals, catalogues, brochures, leaflets, flyers, notices, mailings, advertising or promotional material, including press and training material, posters, placards, boards, signs, packaging and wrapping for all products, publications and works of any kind.
This prohibition also extends to any reproduction or distribution on electronic media, in particular via the Internet, mobile telephone networks, ADSL, radio, cable or satellite networks, as well as on personal mobile devices such as portable digital players, telephones and touch-screen tablets.
Applicable law and jurisdiction
For any dispute that may arise concerning the interpretation or performance of this contract, the parties agree to apply French law. The parties shall submit their dispute to the competent courts in the context of the performance of this contract.