GTCU
GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
PREAMBLE
These general terms and conditions of use (hereinafter the "Website 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 Website GTCU, which all Users must have read in advance.
By accessing and browsing the Website, Users accept unreservedly the Website GTCU in force, which impose certain obligations and constraints in terms of behaviour and usage.
ARTICLE 1. SUBJECT
These Website 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 protection of the privacy and personal data of Users is governed by the Data Protection Policy.
ARTICLE 2. GENERAL DESCRIPTION OF THE WEBSITE
2.1 General description of the Website
The present website is a commercial site that offers any individual or legal entity, whether a professional or a private individual, the opportunity to place orders for health products.
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.
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 and our Data Protection Policy, 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.
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 credentials.
Upon account creation, Users choose a password which allow access to their private account. Users must ensure they use appropriate credentials and will be solely responsible for the security level of said credentials.
2.2.2 Use of the password
Users have the option of changing their password. 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?”
2.2.3 Confidentiality of credentials
Credentials 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 credentials and undertakes to do everything possible to keep his/her credentials 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 credentials, 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.
In the event of theft of the credentials, or in the event of proven or suspected use of the said credentials by an unauthorised third party, the User concerned must immediately contact iHealth via the "Contact" section.
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:
- The presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message;
- An electronic document containing an identification code is equivalent to a writing signed by the issuer;
- 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.
Photo credits
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, as the data controller, has to collect certain personal data from the User (hereinafter referred to as "Personal Data"), particularly during their navigation on the Website, during the membership procedure allowing them to create their personal iHealth account and to agree to receive the newsletter, or through 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.
For complete information on the characteristics of the Personal Data processing carried out by iHealth and on the User's rights, the User is invited to consult the "Data Protection Policy" The User can also contact iHealth's Data Protection Officer at dpo@ihealthlabs.eu.
ARTICLE 6. MODIFICATION OF THE WEBSITE GTCU
iHealth reserves the right to modify the Website GTCU freely and at any time. Any modification made to the Website GTCU comes into force as soon as it is put online. Consequently, the User is required to consult the Website 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 Website GTCU are the latest version of the Website 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 Website GTCU, the User must refrain from accessing, browsing and using the Website for any purpose whatsoever.
ARTICLE 7. SETTLEMENT OF DISPUTES
These Website 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 Website 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.
Date of last revision: June 3, 2024